Catherine Fisk is the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley Law, where she teaches and writes on the law of the workplace, legal history, civil rights and the legal profession. She is the author of dozens of articles and four books, including the prize-winning Working Knowledge: Employee Innovation and the Rise of the Corporate Intellectual Property, 1800-1930, and Labor Law in the Contemporary Workplace. Her research focuses on workers at both the high end and the low end of the wage spectrum. She has written on union organizing among low-wage and immigrant workers as well as on labor issues in the entertainment industry, employee mobility in technology sectors, employer-employee disputes over attribution and ownership of intellectual property, the rights of employees and unions to engage in political activity, and labor law reform. She is the co-author, with UCI Law Professor Ann Southworth, of an innovative interdisciplinary casebook, The Legal Profession. Her current public service includes membership on the SEIU Ethics Review Board, the Board of Directors of the Wage Justice Center, and committees of the Law & Society Association. Prior to joining the founding faculty of UC Irvine School of Law, Fisk was a chaired professor at Duke Law School, and was on the faculty of the University of Southern California Gould School of Law and Loyola Law School in Los Angeles. She practiced law at a boutique Washington, D.C. firm and at the U.S. Department of Justice. She received her J.D. at UC Berkeley, and an A.B., summa cum laude, from Princeton University.
President Trump’s first afternoon in office was short on major developments for labor rights. The big news was that shortly after noon, a U.S. Department of Labor webpage about LGBT rights suddenly disappeared from the government’s website. You can read the deleted report here.
Now, a Google search on the DOL.gov site for LGBT produces the following item on the list of search results:
But clicking on the link produces this:
The other labor news from the new Trump Administration comes from his Inaugural Address. In dark tones, he hit on his populist campaign themes about the decline of American manufacturing and American jobs. The annotated transcript of his address is on the New York Times website.
President Trump said:
“Politicians prospered, but the jobs left, and the factories closed.”
“For many decades we’ve enriched foreign industry at the expense of American industry ….”
He said that the U.S. has:
“spent trillions and trillions of dollars overseas while America’s infrastructure has fallen into disrepair and decay. […] One by one, the factories shuttered and left our shores, with not even a thought about the millions and millions of American workers that were left behind. The wealth of our middle class has been ripped from their homes and then redistributed all across the world. But that is the past, and now we are looking only to the future.”
While President Trump was on the steps of the capitol suggesting the Administration cares about good middle class jobs, some staffer had been tasked, in the first moments of his administration, with removing from the government website the DOL statement on LGBT workplace rights.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]