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College Athlete Employment Status After Johnson and House

Oct 28, 2025 Hugh O'Neil

The NCAA’s growth into a billion-dollar enterprise raises questions about the legal status of college athletes – the workers who make this financial success possible. In the past few decades, Division I college athletes have turned to Congress, the NLRB, and the judiciary to argue for their recognition as employees. For the athletes, employee status would mean minimum wage, […]

It’s Time for Sectoral Bargaining in Higher Education

Oct 27, 2025 Sophia Leswing

The Harvard Graduate Students Union (HGSU) and Harvard University are six months into negotiations over their third collective bargaining agreement. Like many other grad unions engaged in contract bargaining, HGSU is facing stiff opposition — the University has issued rejection after rejection after rejection of the Union’s proposals. At the same time, anxiety over the possible overturning of Columbia — the 2016 National […]

The Missing Piece in the Senate Committee Hearing on the Challenges Facing Newly Unionized Workers

Oct 24, 2025 Lynn Rhinehart

Lynn Rhinehart on the Faster Labor Contracts Act.

FTC Hits the Reset Button on Noncompete Agreements

Oct 24, 2025 Andrew Dunn

Noncompete agreements affect about one in five U.S. workers, blocking them from seeking a better job in the industry where they have experience. Despite the fact that millions of workers are currently being restrained by noncompetes, the Federal Trade Commission (FTC) announced recently that it was going to drop its appeals of two district court orders that prevent the agency […]

Raised Fists and Corporate Logos

Oct 23, 2025 Andrew Strom

When workers at Trader Joe’s formed a union, they called themselves Trader Joe’s United (“TJU”), and they adopted a logo of a raised fist holding a box cutter. The fledgling union began selling merchandise on its website featuring the union’s logo. One item the union sold was a tote bag. Trader Joe’s sued the union, claiming a violation […]

The Case for a National Ban on Prop Bets

Oct 23, 2025 Ben Gantt

On Thursday morning, NBA player Terry Rozier, along with former NBA player and coach Damon Jones, were arrested as part of a larger federal crackdown into illegal sports betting. An unsealed federal indictment charges Rozier and Jones with providing non-public information that was subsequently used to place illegal bets. These arrests follow in the wake of another […]

Law, Organizing (and Philanthropy) in the Radical Fund

Oct 22, 2025 Benjamin Sachs

I had the opportunity to participate in a recent symposium on John Witt’s new book, The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America, hosted by Balkinization. This is my contribution to the symposium. I highly recommend the book, and the symposium as a whole – both are certainly relevant to OnLabor readers. For […]

What Critics of the “Faster Labor Contracts Act” Get Wrong

Oct 22, 2025 Tascha Shahriari-Parsa

Earlier this month, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on the bipartisan Faster Labor Contracts Act (FLCA). The bill is virtually identical to the Protecting the Right to Organize (PRO) Act’s First Contract Arbitration provision, with one crucial difference: it has a chance of becoming law in today’s Congress. Whereas the PRO Act had […]

Aftershocks of Jarkesy: An Omen for Agency Adjudication

Oct 13, 2025 Paneez Oliai

In July, the Third Circuit ruled that the Department of Labor (DOL) cannot adjudicate certain employment-related claims essential to its mission, citing the landmark 2024 U.S. Supreme Court case, Securities and Exchange Commission v. Jarkesy. DOL recently requested rehearing en banc. But in the meantime, DOL’s ability to vindicate workers’ rights remains unclear. Sun Valley Orchards and […]

The Sixth Circuit Made It Harder to Hold Employers Liable for Customer Harassment. It Shouldn’t Have.

Oct 8, 2025 Madeline Cargill

Customer harassment of service workers is all too common in the United States. Across industries, workers — especially women — report facing sexual harassment from customers. In addressing this issue, the EEOC and courts have typically applied a negligence standard to determine employer liability for third-party harassment under Title VII of the Civil Rights Act, which prohibits sex harassment […]

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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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