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Labor board makes it easier for companies to treat workers as contractors

The National Labor Relations Board (NLRB) voted Friday to make it easier for companies to treat employees as independent contractors, making them exempt from federal labor protections.  In a 3-1 vote …

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NLRB: SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338

By a 3-1 vote along party lines, the Board reversed its 2014 decision in FedEx  and found that the franchisees who operate ride-share vans for SuperShuttle Dallas-Fort Worth are not …

Google Urged the U.S. to Limit Protection For Activist Workers

Google, whose employees have captured international attention in recent months through high-profile protests of workplace policies, has been quietly urging the U.S. government to narrow legal protection for workers organizing online. …

How to Make Sure Federal Workers Won’t Go Unpaid Ever Again

In March 1970, 250,000 postal workers went out on strike because Congress
 was refusing to enact legislation that would give them a long overdue raise. Many postal workers were then …

A Response: Is the New Prime Pill Even More Bitter?

I agree with Ben and Adrienne’s assessment, and also worry what the New Prime mode of statutory construction may mean in the context of labor law.  This kind of originalist statutory construction is …

Death to Scabby: Trump Labor Counsel Wants Protest Icon Deflated

Scabby the Rat stands 12 to 30 feet tall, teeth bared and claws raised aggressively, with hungry, bloodshot eyes. The giant rodent’s sickly-looking underbelly refers to the ‘scab’ pejorative sometimes …

Is New Prime a Poison Pill for Title VII?

The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. …

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Supreme Court Revives Transgender Ban for Military Service

The Supreme Court on Tuesday revived the Trump administration’s policy of barring most transgender people from serving in the military. In a brief, unsigned order, the justices temporarily allowed the …

The Future of American Labor: Initiatives for a New Era

Panels: A Legislative and Policy Agenda for American Labor: What Should the Federal Government Be Doing? Sectoral Bargaining Internationally: What Are The Lessons for American Labor? Sectoral Bargaining: America’s Past, …

February 8–9, 2019

Forced To Work Without Pay: Do Federal Employees Have a Thirteenth Amendment Claim?

The federal government shutdown is precipitating a wave of lawsuits and talk of sick-outs and strikes. That should be no surprise when approximately 400,000 federal employees are being required to work without pay. Wait, “required.”?Talk of being “forced” or …

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