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15 posts

Today’s News & Commentary — August 3, 2018

Published August 3rd, 2018 -

The Massachusetts legislature this week passed a new bill that would limit the use of noncompete clauses in that state. The new law, which still must be signed by Republican Governor Charlie Baker, would allow employers to prevent their workers from moving to ... More »

Weekend News & Commentary — July 28–29, 2018

Published July 29th, 2018 -

Entry-level pay for some Disneyland workers will rise to $15 an hour by January 2019, and $15.45 by mid-June 2020.  Hourly workers will see yearly raises of 3 percent.  The new wages – up from an $11 an hour minimum – follow months of negotiations and disputes... More »

Today’s News & Commentary — July 24, 2018

Published July 24th, 2018 -

The Seattle City Council unanimously passed a Domestic Workers’ Bill of Rights guaranteeing  minimum wages, rest breaks, and related protections for nannies, house cleaners, cooks, gardeners, and other domestic workers.  Seattle Mayor Jenny Durkan said she wil... More »

Today’s News & Commentary — July 19, 2018

Published July 19th, 2018 -

This week the U.S. Labor Department formally rescinded the Obama-era “persuader rule” that mandated employers to disclose information about their one-on-one communications with union-avoidance consultants.  The rule was promulgated under the Labor-Management R... More »

Today’s News & Commentary — July 2, 2018

Published July 2nd, 2018 -

Minimum wages are rising across the country. On Sunday, San Francisco’s minimum wage reached $15 an hour for all businesses, the highest rate of any major U.S. city. (Seattle’s $15 minimum in effect last year applies only to large businesses with 501 or more e... More »

Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes mod... More »

Preliminary Janus Summary

Published June 27th, 2018 -

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with sta... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

Today’s News & Commentary — May 21, 2018

Published May 21st, 2018 -

The Editorial Board of the New York Daily News yesterday drew attention to what has been a repeated “pilgrimage” in a stymied search for equal rights and fair treatment: the yearly trip of “some of New York State’s 100,000 field hands to the Capitol” to ask fo... More »

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Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 -

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of emp... More »