July 25th 2021
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Ben recently appeared on Dissent Magazine's Belabored podcast to discuss the fallout from Cedar Point v. Hassid, where the Supreme Court held that a California law requiring farmowners to allow union organizers onto their property to speak with workers was...
In an awaited decision on Thursday, the Supreme Court ruled 6-3 that a series of Arizona laws restricting voting access—which have a disparate impact on voters of color—did not violate the 1965 Voting Rights Act (VRA). The first of these restrictions nullified any...
When the current Supreme Court decides a labor case, it’s like watching top film stars in the third sequel to a movie franchise – you know how it’s going to turn out and you also know that you’re not going to see their best work. The 6-3 decision in Cedar...
The Supreme Court dealt a major blow to the organizing rights of California farmworkers yesterday, ruling in Cedar Point Nursery v. Hassid, 141 S. Ct. 891 (2021) that state regulations issued under the California Agricultural Labor Relations Act (CALRA) to unions...
Earlier today, in Cedar Point Nursey v. Hassid, the Supreme Court held that a California regulation that grants union organizers temporary access to farm property to speak with agricultural workers is a per se taking under the Fifth and Fourteenth Amendments. The...
Ross will soon have our summary of the Court's decision in Cedar Point, holding that a California regulation granting unions limited access to agricultural employers' property is a per se physical taking. I write to make a basic point, one which is flagged briefly...
In a much-anticipated decision, the Supreme Court unanimously affirmed the ruling in NCAA v. Alston, which found college sports’ governing body in violation of antitrust law by restricting the education-related benefits that schools could provide to...
The Supreme Court has rejected Jade Thompson's appeal claiming she has a First Amendment right not to be represented by a union. The appeal argued that the Court should overturn Minnesota State Board v. Knight to weaken public sector unions' powers derived from...
An in depth article on this topic by the author, titled "When Harassment at Work is Harassment at Church," is forthcoming in The University of Pennsylvania Journal of Law & Social Change, Vol. 25, Issue 1 (2021). “Ministerial employee of a religious...
Should workers lose the protections of labor law simply because they work for religious organizations? As Jenny explained, the Supreme Court has become increasingly receptive to employers’ religious objections to laws governing the workplace. But at least these...
As restaurants across the country reportedly struggle to fill many of the grueling positions in their sweltering kitchens, conservative lawmakers have descended on the erroneous consensus that the pandemic-era enhanced unemployment insurance payments are the reason...
With newfound control of the executive and legislative branches, Democrats are considering a raft of much-needed legislative reforms, in the labor and employment world and beyond. But with the federal courts largely captured by right-wing and corporate interests,...