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A Backgrounder on State-Level Immigration Reform – Part 2

Nov 25, 2013 Jessica Harris

As I noted in part one of this backgrounder, there has been enormous growth in state-level immigration legislation over the last several years. Part two of the backgrounder focuses on state efforts to criminalize work by undocumented immigrants; include or exclude undocumented workers from workers’ compensation schemes; and prevent employer retaliation against undocumented workers. Criminalizing […]

Petitioners’ Merits Brief in Harris [Updated]

Nov 22, 2013 Jack Goldsmith

The Petitioners’ merits brief in the big public sector union case in the Supreme Court, Harris v. Quinn, was filed today and can be found here. (The Joint Appendix is here.) Former Obama administration Acting Solicitor General Neal Katyal, along with his Hogan Lovells partner Catherine Stetson and others, have joined National Right to Work Legal […]

Working at Wal-Mart, Part Two: Employee Morale and Frequent Complaints

Nov 22, 2013 Scott Hochberg

In our continuing coverage of Wal-Mart’s labor and business practices, we now turn to some of the non-economic factors that influence employee satisfaction at the company. Part Two of this backgrounder, below, considers employee morale and the frequent complaints of sexual harassment and mistreatment lodged against Wal-Mart. Daily Conditions at Wal-Mart The first key factor […]

Working at Wal-Mart, Part One: Wages and Benefits

Nov 19, 2013 Scott Hochberg

What is it like to work at America’s largest private employer? Wal-Mart’s labor and business practices matter deeply, not only for the ripple effects the company causes throughout the retail industry and the economy as a whole, but more directly, for the 1.3 million American workers it employs. Because of its sheer size and economic […]

NLRB Takes on Walmart

Nov 19, 2013 Nikolas Bowie

The NLRB’s enforcement arm issued a press release yesterday announcing that it plans to take action against Walmart for alleged unfair labor practices by the company against employees who protested or planned to protest the company last Thanksgiving. According to the statement, NLRB investigators found merit in claims that Walmart unlawfully threatened, disciplined, or terminated […]

The WSJ's Legal Mistake on Mulhall

Nov 19, 2013 Benjamin Sachs

The Wall Street Journal’s editorial page argued last week that the Supreme Court should hold in favor of Mulhall and declare organizing agreements “thing[s] of value” that employers may not “pay, lend, or deliver” to unions. In the course of making this argument, the Journal makes a significant legal error. It’s worth pointing this out […]

A Backgrounder on State-Level Immigration Reform – Part One

Nov 18, 2013 Jessica Harris

As I noted in a previous backgrounder, comprehensive immigration reform has been stalled in Congress for years. In the meantime, states have forged ahead, implementing their own reforms. Between 2005 and 2011, state legislatures introduced 8,244 laws and resolutions related to immigrants, of which they enacted 1,700. In the first half of 2013 alone 43 states […]

CATO's Trevor Burrus on the "Niggling Problem” in Mulhall

Nov 14, 2013 Jack Goldsmith

Trevor Burrus, a Research Fellow at the CATO Institute Center for Constitutional Studies, writes in with this comment on yesterday’s oral argument in Mulhall: Thank you to Jack for letting me offer my thoughts on Mulhall. As a participant in a moot court with Mulhall’s attorney, William L. Messenger of the National Right to Work Legal […]

Another Reaction to the Mulhall Argument

Nov 13, 2013 Benjamin Sachs

Here’s another very quick reaction to the oral argument in Mulhall. One of more the interesting themes in today’s oral argument was developed during an exchange between Justice Scalia and William Messenger, the attorney for Respondent Mulhall. Justice Scalia was calling attention to something that the briefing in the case brought to light, and something […]

Quick Reactions to Mulhall Argument

Nov 13, 2013 Jack Goldsmith

I am traveling and have only a moment now to comment on today’s oral argument in Mulhall. After reading through the transcript once, my quick initial reactions are as follows. It is always hazardous to predict ultimate disposition from oral argument, but I would be shocked if the Court agreed with Respondent that bargaining agreements are always (or […]

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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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