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To Reinvent Labor Law, We Should Look to the Roots of the Labor Movement: Economic Democracy

Oct 26, 2018 Martin Drake

This past summer, law professors, labor activists, and union organizers on the cutting edge of their fields gathered at Harvard Law School to answer an ambitious question, put forth by Harvard Law Professor Benjamin Sachs: “If we were to build labor law in 2018, how would we build it?” The gathering was the launch of […]

State and Local Enforcement: Stepping Up and Filling In on Workers’ Rights

Oct 25, 2018 Sharon Block

The picture for robust protection of workers’ rights at the federal level is not a pretty one these days. In the Obama Administration, there were three basic components to our strategy to advance worker protections: (1) promulgate regulations that keep worker protection statutes up to date and relevant in today’s economy; (2) use enforcement resources […]

State TNC and MC Legislation: Preemption and Employment Status of Drivers

Oct 19, 2018 Gali Racabi

As covered here before, in the past four years all states but one have passed ‘Uber laws’ that regulate Transportation Network Companies, or TNCs, and 6 states passed Marketplace Contractor (MC) laws that regulate platform workers. This post will survey the current state of affairs in state TNC and MC legislation, focusing on two of […]

What is Corporate America Trying to Hide?

Oct 17, 2018 Andrew Strom

Louis Brandeis famously wrote “publicity is justly recommended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” We now live in a world where citizens, armed with cell phone cameras, are able to hold renegade police officers accountable, if not always […]

Today’s News and Commentary

Oct 16, 2018 Shireen Farahani

The San Francisco Municipal Transportation Agency recently held a meeting with cab drivers to discuss potential changes to the taxi industry. After the 2008 financial crisis, San Francisco began selling its taxi medallions for 250,000 dollars, which drivers viewed as a long-term investment. Since the advent of ride-share companies that pushed down ride prices and […]

Today’s News and Commentary

Oct 12, 2018 Shireen Farahani

A coalition of Missouri labor unions filed a lawsuit on Wednesday challenging a new state law that makes state employees easier to fire. Under Missouri’s merit system, most state employees are hired and retained according to standardized, performance-based criteria. The unions say the law, which reclassifies an estimated 25,000 state workers as at-will employees, violates workers’ collective bargaining […]

Employment Status and the Gig Economy: A View from Australia

Sep 28, 2018 Pauline Bomball

The employment status of Uber drivers has, to date, been considered in two Australian cases. In both cases, the Fair Work Commission (Australia’s national workplace relations tribunal), concluded that the drivers were independent contractors and thereby ineligible to bring unfair dismissal claims under Australia’s federal labor statute, the Fair Work Act 2009 (Cth). Background In […]

How We Value Investors and Workers

Sep 25, 2018 Andrew Strom

I wrote about the now-infamous case where Brett Kavanaugh dissented from an opinion upholding a fine by the Occupational Safety and Health Administration (OSHA) against SeaWorld after a killer whale lived up to its name by killing a trainer. As a result of that blog post, it caught my attention when the SEC announced a […]

From the Mines to the Classrooms to the Statehouse: #RedforEd Teacher Walkouts

Sep 25, 2018 Sharon Block

Last week, the Labor and Worklife Program at Harvard Law School hosted an event with the National Education Association on the teacher walkouts that spread through red states from January to May 2018. We held this event to learn as much as possible about what motivated tens of thousands of teachers to stand up for […]

The NLRB’s Joint Employer Rule Fails its Own Test

Sep 17, 2018 Andrew Strom

The Trump appointees on the NLRB have proposed a new “joint employer” rule that they claim will foster “predictability and consistency.” But, it is readily apparent that the proposed rule will not accomplish these goals. The proposed rule will, however, result in fewer joint employer findings, which is precisely the point. Before discussing the joint […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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