A federal judge in Washington, D.C. ruled Monday that the Trump administration illegally prevented the U.S. Equal Employment Opportunity Commission from collecting more robust pay data from employers. U.S. District Judge Tanya Chutkan found that the Office of... More »
In an opinion released Tuesday, the ninth circuit has rejected a First Amendment challenge to exclusive representation. As Jared reports, the ninth circuit joins the eighth circuit in affirming the constitutional validity of exclusive representation, even in t... More »
Responding to the #MeToo movement and the Supreme Court’s decision in Epic Systems, the California State Senate passed a bill that would prohibit employers from requiring a mandatory arbitration provision or nondisclosure agreement as a condition of empl... More »
In a hard-fought win for organized labor, Missouri voters repealed a so-called “right-to-work” law enacted last year by Missouri’s Republican state legislature and former Republican governor by a nearly 2-to-1 margin. The New York Times repor... More »
On August 7th, Missouri voters will decide the fate of Prop. A — a ballot initiative that could repeal the state’s newly passed “right-to-work” law. Last year, then-Governor Eric Greitens signed Senate Bill 19, a so-called “right-to-work” bill that poses a dir... More »
In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is... More »
This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what ha... More »
Trump officially announced new tariffs on imported steel and aluminum yesterday, with industry workers standing on as he signed the proclamation. As many have reported, the tariffs are billed as a measure to protect American manufacturing workers, but the ste... More »
Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most progno... More »
Uber faces a new employment discrimination lawsuit brought by three Latina software engineers who allege that the company discriminates against women and people of color in promotions and pay. Uber is the latest in a string of tech companies–from Google... More »
Recently the Times chronicled the devastation of the Democratic Party in Iowa, a former swing state that now has a Republican Governor, two Republican Senators, three Republican Representatives (out of four total), and an electorate that voted for Donald Trump... More »
In light of the Court’s grant of cert. in Janus v. AFSCME, I’m posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim ... More »
March 5th, 2019