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Tag:New Prime Inc. v. Oliveira

October 24, 2019
News & Commentary

Jared Odessky

The National Labor Relations Board plans to reconsider its successor bar doctrine in a case called American Water. Under the doctrine, when a successor employer follows its legal obligation to recognize the previously chosen collective bargaining representative of its employees, the representative must have a reasonable period of time to bargain with the new employer […]

September 12, 2019
News & Commentary

Jared Odessky

In response to the California legislature’s passage of Assembly Bill 5 (AB5), a bill that largely codifies the California Supreme Court’s decision last year in Dynamex Operations West, Uber is claiming that it will continue to classify its workers as independent contractors. Under prong B of the ABC test established in Dynamex, a worker who […]

August 25, 2019
News & Commentary

Jared Odessky

On Friday, the National Labor Relations Board held in Bexar County Performing Arts Center Foundation that the employees of a property’s contractor or licensee do not have the same access rights under Section 7 of the National Labor Relations Act as the employees of the property owner. In so doing, the Board overruled two Obama-era precedents, […]

June 6, 2019
News & Commentary

Jared Odessky

In the ongoing case of Chamber of Commerce v. City of Seattle dealing with the legality of Seattle’s for-hire vehicle driver collective bargaining ordinance, the Chamber and co-plaintiffs moved for summary judgment in February, arguing that the ordinance is preempted by federal antitrust law. The City of Seattle and co-defendants then sought discovery to gather […]

February 14, 2019
News & Commentary

Jared Odessky

Yesterday New York City Council Members Brad Lander and Adrienne Adams introduced two bills that together would require fast-food corporations to demonstrate “just cause” for discharging employees. The legislation has a broad definition of discharge, encompassing “termination, constructive discharge, reduction in hours [of at least 15% per week], and indefinite suspension.” Just cause is defined […]

October 4, 2018
News & Commentary

Ryan Wheeler

On Tuesday, the Washington, D.C. City Council voted to overturn a recent referendum in which voters eliminated the sub-minimum wage for tipped workers. The referendum would have gradually raised this wage from $3.89 an hour up to the standard minimum wage by 2026. 56% of D.C. voters approved the wage hike, but the City Council buckled […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Aug 20, 2018 Jared Odessky

Last week we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, as well as the briefs submitted by amici curiae for New Prime. Today we examine the briefs submitted by amicus curiae for Oliveira. Amicus Briefs for Oliveira The American Association for Justice explains that when the American Federation of Labor […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Aug 17, 2018 Jared Odessky

Yesterday we summarized the briefs submitted by petitioner New Prime Inc. and respondent Dominic Oliveira in New Prime Inc. v. Oliveira, the latest case before the Supreme Court to address the extent of the Federal Arbitration Act (FAA)’s reach in the employment context. Today we summarize the briefs submitted by amici curiae for New Prime, and […]

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)

Aug 16, 2018 Jared Odessky

On October 3 the Supreme Court will hear oral argument in New Prime Inc. v. Oliveira, the first arbitration case before the justices since they decided Epic Systems in May. Today we recap the briefs submitted this summer by petitioner New Prime Inc. and respondent Dominic Oliveira. Tomorrow we will summarize the briefs submitted by […]

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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October 24, 2019

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August 25, 2019

June 6, 2019

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October 4, 2018

Brief Round-up for New Prime Inc. v. Oliveira (Part 3 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 2 of 3)

Brief Round-up for New Prime Inc. v. Oliveira (Part 1 of 3)