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Today’s News & Commentary — March 15, 2018

Published March 15th, 2018 -

“Organized labor, once seen as fractured and feckless in the Trump era, gave the Democrat Conor Lamb his edge in Pennsylvania,” says a New York Times analysis of last night’s special election.  A Politico analysis also noted Lamb’s strong support from unions, ... More »

Coverage After the Janus Oral Argument

Published February 28th, 2018 -

The Supreme Court heard oral argument on Monday in Janus.  Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effect... More »

Janus Oral Argument Transcript

Published February 26th, 2018 -

The Supreme Court has posted the transcript of this morning’s oral argument in Janus.  Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument.  We’ll have more coverage of the oral argument later this week. More »

Today’s News & Commentary — February 22, 2018

Published February 22nd, 2018 -

President Trump met with leaders from the country’s largest labor unions yesterday to discuss plans to renegotiate the North American Free Trade Agreement.  The Wall Street Journal reports that the administration is trying to gain support from labor unions whi... More »

Today’s News & Commentary — February 1, 2018

Published February 1st, 2018 -

This Bloomberg Law article explains that the Department of Labor, which recently introduced a tip pooling proposal, deleted an internal analysis showing that the new proposal could cost workers billions of dollars. Under the new plan, workers who earn tips cou... More »

Bonuses versus Bargaining

Published February 1st, 2018 -

The Tax Cuts and Jobs Act of 2017 chopped off a big piece of the federal corporate tax rate, dropping it from 35 to 21 percent.  That sizeable chunk of change will now move from the federal fisc to corporate treasuries across the country.  Democratic leaders h... More »

Today’s News & Commentary — January 24, 2018

Published January 24th, 2018 -

Slate’s editorial staff voted 45-7 to unionize with the Writers Guild of America East, the company’s organizing committee announced, reports Splinter. Slate’s bargaining unit includes all but six senior newsroom employees and six podcast staffers. ... More »

Today’s News & Commentary — January 22, 2018

Published January 22nd, 2018 -

Public Citizen filed a lawsuit on January 19th asking Department of Labor and the Occupational Safety and Health Administration to turn over copies of forms employers were required to file with the government. In 2017, for the first time, OSHA required compani... More »

Janus Amicus: Ben Sachs

Published January 22nd, 2018 -

An amicus filed on Friday in Janus and based on Ben’s new article Agency Fees and the First Amendment, 131 Harv. L. Rev. 1046 urges the Court to reject Janus’s challenge on the ground that it does not raise a valid First Amendment claim.  The amicu... More »

Estlund on Elizabeth Anderson’s Private Government

Published January 19th, 2018 -

Cindy Estlund (NYU Law Professor and OnLabor contributor) has a terrific new piece in the Harvard Law Review. In Rethinking Autocracy at Work, Estlund reviews Elizabeth Anderson’s Tanner Lectures (published as Private Government) which “aim to brin... More »

Today’s News & Commentary — January 19, 2018

Published January 19th, 2018 -

NLRB General Counsel Peter Robb may be seeking to reorganize the NLRB’s field offices, Bloomberg reported yesterday.  His proposal involves consolidating regional offices and placing at the top of each an official who would report directly to him.  This ... More »

Law and Organizing

Published January 18th, 2018 -

I have a new essay in the Texas Law Review that aims to help explain how a legal regime like labor law can (if actually enforced) facilitate organizing and collective action.  The essay – Law, Organizing, and Status Quo Vulnerability – draws on soc... More »