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10 posts

Weekend News & Commentary — July 14–15, 2018

Published July 15th, 2018 -

The Fifth Circuit recently ruled that the fast-food chain In-N-Out Burger violated the National Labor Relations Act when it prohibited employees from wearing  “fight for 15” buttons at work.  Amanda Healey wore a quarter-sized button in April of 2015, and a co... More »

Today’s News and Commentary — June 4, 2018

Published June 4th, 2018 -

The Culinary Workers Union Local 226 has reached tentative agreements that would cover about half of its 50,000 hotel and casino workers who voted to strike this month in Las Vegas. Local 226 has now reached tentative agreements with both Caesars and MGM, but ... More »

Today’s News & Commentary — May 28, 2018

Published May 28th, 2018 -

Following the Supreme Court’s decision in Epic Systems v. Lewis, Chipotle has asked the Federal District Court of Colorado to exclude 2,814 workers from a wage theft lawsuit because these workers signed mandatory arbitration agreements barring them from partic... More »

Trump’s Justice Sticks it to Workers

Published May 24th, 2018 -

After the oral argument in Epic Systems Corp. v. Lewis, I wrote that the five Republican appointees on the Supreme Court would have to put their thumbs heavily on the scale for the employers to prevail. Sadly, it was no surprise that this is exactly what happe... More »

The (Other) Problem in Murphy Oil

Published September 28th, 2017 -

Sharon and I have a piece up on Quartz today that highlights an argument in the Government’s Murphy Oil brief. To us, it looks like the Trump Administration is laying the groundwork to curtail protection for concerted activity outside the union organizin... More »

Today’s News & Commentary — April 6, 2017

Published April 6th, 2017 -

The Department of Labor has once again delayed the implementation of the Obama Administration’s “Fiduciary Rule,” previously slated to take effect on April 10. According to Forbes, the DOL has responded to President Trump’s February 3 executive order to review... More »

Today’s News & Commentary — April 3, 2017

Published April 3rd, 2017 -

The New York Times has a thorough feature about how Uber is using “psychological tricks” to subtly control the drivers who use the service. The article focuses on how the company “solves” the problem of how it cannot exert too much control over its drivers—cur... More »