Wednesday, October 19, 2016

Cherry and Aloisi on "Dependent Contractors" in Canada, Italy, and Spain

    As some debate whether to add “dependent contractor” to the set of worker classifications ({employee, independent contractor}) in the US, a new working paper looks to the experience of Canada, Italy, and Spain: Miriam Cherry and Antonio Aloisi, “‘Dependent Contractors’ in the Gig Economy: A Comparative Approach (SSRN).  Here’s the abstract:

In response to worker misclassification lawsuits in the United States, there have been recent calls for the creation of a hybrid category in between employee and independent contractor specifically for the gig economy. However, such an intermediate category is not new. In fact, the intermediate category has existed in many countries for decades, producing successful results in some, and misadventure in others. In this article, we use a comparative approach to analyze the experiences of Canada, Italy, and Spain with the intermediate category. In our analysis we focus on a set of questions: Is labour law fundamentally outdated for the digital age? Does the gig economy need its own specialized set of rules, and what should they look like? What role does digitalization and technology play in the casualization of work? We ultimately conclude that workable proposals for a third category must also encompass other forms of precarious employment.

The paper itself surveys the law and legal commentary in Canada, Italy, and Spain.  It finds that Canada’s “dependent contractor” category, which originated in Arthurs (1965), succeeded in “expanding the coverage of laws aimed at ‘employees’ to encompass vulnerable small business and tradespeople." In contrast, Italy “saw systemic arbitrage between the standard employment category and the intermediate category,” which caused confusion and “a movement to strip workers of their rights by misclassifying them downwards.”  Meanwhile, in Spain, the category covers only a “tiny” portion of workers, because of “burdensome requirements and a seventy-five percent dependency threshold to enter the third category.” (p. 3).


--Sachin Pandya

October 19, 2016 in International & Comparative L.E.L., Labor Law | Permalink | Comments (0)

Thursday, October 6, 2016

Halegua: Who Will Represent China's Workers?

HaleguaAaron Halegua (Research Fellow, NYU Law) just returned from spending a month in Malaysia with the ILO, working with the government to revise its labor laws to comply with TPP. Meanwhile, his report for the Ford Foundation has been released: Who Will Represent China's Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights. It examines the legal needs of China's workers, the landscape of legal service providers, and the remaining "representation gap" between legal needs and services--and offers some strategies to narrow it. It also has a lot of information and statistics on labor litigation there. Here's a summary:

In the past decade, China has made considerable progress in legislating new legal protections for workers, expanding their access to arbitration and courts, and paying for more lawyers to represent them. Nonetheless, in China, as elsewhere, labor violations persist and a substantial “representation gap” remains between legal needs and services.

This new Report ... provides an original and in-depth analysis of that gap—and strategies to narrow it. Based on over 100 interviews, observations of legal proceedings, and extensive documentary research, [the Report] examines the legal violations suffered by workers, the range of legal service providers, and how workers fare in litigation. Despite government efforts, problems with unpaid wages, social insurance contributions, workplace injuries, and discrimination endure, which increasingly lead to labor protests and strikes. Workers are also litigating more cases in arbitration and court, but statistics show that they are often unsuccessful.

Continue reading

October 6, 2016 in International & Comparative L.E.L., Labor Law, Scholarship | Permalink | Comments (0)

Wednesday, September 21, 2016

Bisom-Rapp on lifetime disadvantage for working women

Bisom_rapp_book_cover-1_240Congratulations to our friend Susan Bisom-Rapp (Thomas Jefferson) whose book (with Malcolm Sargeant, Middlesex Univ., London), Lifetime Disadvantage, Discrimination and the Gendered Work Force is available to pre-order from Cambridge University Press. It will be out September 30. From the press release:

In many countries, including the United States, women are significantly more likely to fall into poverty in retirement than are men. Understanding why this is so and what can be done about it is the aim of this new book.

"Susan Bisom-Rapp's scholarship tackles some of the most pressing real world challenges facing the modern workplace," said Thomas Jefferson School of Law Dean and President Thomas F. Guernsey. "I am delighted about the publication of her latest book."

Beginning in girlhood and ending in advanced age, "Lifetime Disadvantage, Discrimination and the Gendered Workforce" examines each stage of the lifecycle and considers how law attempts to address the problems that inhibit women's labor force participation. Using their model of lifetime disadvantage, Professor Bisom-Rapp and her British co-author Malcolm Sargeant show how the law adopts a piecemeal and disjointed approach to resolving challenges with adverse effects that cumulate over time.

"The problem unfolds over the working lives of women," said Bisom-Rapp. "Women's experiences with education, stereotyping, characteristics other than gender like race and age, caregiving, glass ceilings, occupational segregation, pay inequality, part-time work, and career breaks over a lifetime make it difficult to amass the resources necessary for a dignified retirement."

In order to achieve true gender equality, Bisom-Rapp and her co-author recommend a more holistic approach. Employing the concept of resiliency from vulnerability theory, the authors advocate changes to workplace law and policy, which acknowledge yet transcend gender, improving conditions for women as well as men.

"One must know the end goal – decent work and dignified retirement – and monitor progress towards it in order effectively address the problem," noted Bisom-Rapp.

The book is the culmination of nearly a decade of collaboration between Professor Bisom-Rapp and Professor Sargeant, who teaches at Middlesex University Business School in London. Beginning with a project that examined the plight of older workers during the global economic crisis, they have been struck by differences in workplace law and protections in their respective countries; the United Kingdom is far more protective.

Equally noticeable, however, are similarities in outcomes, including women's economic disadvantages in retirement. By examining why more protective law in one country coexists with comparable outcomes to the other country, the book reveals lessons for understanding a problem that is global in nature. At a time in which an aging population makes a retirement crisis a distinct possibility, and employment has become increasingly insecure, they recommend a regulatory approach that would enhance work life and retirement for all.

Susan and Malcolm have published a few articles related to these topics in the last few years in the Employee Rights Employment Policy Journal, the Elder Law Journal, and the Loyola University Chicago Law Journal. I can't wait to read more of their work.


September 21, 2016 in Books, Employment Common Law, Employment Discrimination, International & Comparative L.E.L., Labor Law, Pension and Benefits, Scholarship, Wage & Hour, Worklife Issues | Permalink | Comments (0)

Thursday, September 15, 2016

Doorey on Climate Change and Labor Law

Fellow blogger, David Doorey ( has just posted on SSRN a new article, A Law of Just Transitions: Putting Labor Law to Work on Climate Change. The abstract:

Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept originally developed by the North American labor movement, but has since been endorsed by important global institutions including the International Labour Organization and the U.N. Environmental Program. However, the prescriptions that would guide a policy of just transition have been under-explored in the legal literature. This paper marks an important early contribution to this challenge. It explores the factual and normative boundaries of a legal field called Just Transitions Law and questions whether such a field would offer any new, valuable insights into the challenge of regulating a response to climate change.

This is definitely an intersection that we haven't heard much about, but as we can see from the politics surrounding trade and climate agreements, it's clearly one that it's important. 


September 15, 2016 in Labor Law, Scholarship | Permalink | Comments (0)

Friday, August 26, 2016

Call for papers from the Center for Applied Feminism & Intersectionality

The Center for Applied Feminism (Baltimore) has a call for papers that will be of interest to some of our readers:




The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Tenth Anniversary of the Feminist Legal Theory Conference.  We hope you will join us for this exciting celebration on March 30-31, 2017.

This year, the conference will explore how intersecting identities inform -- or should inform -- feminist legal theory and justice-oriented legal practice, legal systems, legal policy, and legal activism. Beginning in 1989, Kimberlé Crenshaw identified the need for law to recognize persons as representing multiple intersecting identities, not only one identity (such as female) to the exclusion of another (such as African American). Intersectionality theory unmasks how social systems oppress people in different ways.  While its origins are in exploring the intersection of race and gender, intersectionality theory now encompasses all intersecting identities including religion, ethnicity, citizenship, class, disability, and sexual orientation. Today, intersectionality theory is an important part of the Black Lives Matter and #SayHerName movements. For more information, see

We seek submissions of papers that focus on the topic of applied feminism and intersecting identities.  This conference aims to explore the following questions: What impact has intersectionality theory had on feminist legal theory?  How has it changed law and social policy? How does intersectionality help us understand and challenge different forms of oppression?  What is its transformative potential? What legal challenges are best suited to an intersectionality approach? How has intersectionality  theory changed over time and where might it go in the future?

We welcome proposals that consider these questions from a variety of substantive disciplines and perspectives. As always, the Center’s conference will serve as a forum for scholars, practitioners and activists to share ideas about applied feminism, focusing on connections between theory and practice to effectuate social change. The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, Dr. Maya Angelou, Gloria Steinem, Senators Barbara Mikulski and Amy Klobuchar, NOW President Terry O’Neill, EEOC Commissioner Chai Feldblum, and U.S. District Judge Nancy Gertner.

To submit a paper proposal, please submit an abstract by Friday October 28, 2016 to Your abstract must contain your full contact information and professional affiliation, as well as an email, phone number, and mailing address. In the “Re” line, please state: CAF Conference 2017. Abstracts should be no longer than one page. We will notify presenters of selected papers in November. About half the presenter slots will be reserved for authors who commit to publishing in the annual symposium volume of the University of Baltimore Law Review. Thus, please indicate at the bottom of your abstract whether you are submitting (1) solely to present or (2) to present and publish in the symposium volume. Authors who are interested in publishing in the Law Review will be strongly considered for publication. For all presenters, working drafts of papers will be due no later than March 3, 2017. Presenters are responsible for their own travel costs; the conference will provide a discounted hotel rate as well as meals.

We look forward to your submissions. If you have further questions, please contact Prof. Margaret Johnson at For additional information about the conference, please visit


August 26, 2016 in Conferences & Colloquia, Employment Common Law, Employment Discrimination, Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Wage & Hour, Worklife Issues, Workplace Safety | Permalink | Comments (0)

Tuesday, August 23, 2016

NLRB Decides that Gradate Students can be Covered by NLRA

NLRBToday, the NLRB issued its long-awaited decision in Columbia University. As expected, the Board--in a 3-1 decision--reversed Brown University (which was just the latest in a number of cases flip-flopping on this issue) to conclude that graduate students can be "employees" under the NLRA, as long as they had a common-law employment relationship.  According to the NLRB's announcement:

 The National Labor Relations Board issued a 3-1 decision in Columbia University that student assistants working at private colleges and universities are statutory employees covered by the National Labor Relations Act. The Graduate Workers of Columbia-GWC, UAW filed an election petition seeking to represent both graduate and undergraduate teaching assistants, along with graduate and departmental research assistants at the university in December 2014. The majority reversed Brown University (342 NLRB 483) saying it “deprived an entire category of workers of the protections of the Act without a convincing justification.”

For 45 years, the National Labor Relations Board has exercised jurisdiction over private, nonprofit universities such as Columbia. In that time, the Board has had frequent cause to apply the Act to faculty in the university setting, which has been upheld by the Supreme Court.

Federal courts have made clear that the authority to define the term “employee” rests primarily with the Board absent an exception enumerated within the National Labor Relations Act. The Act contains no clear language prohibiting student assistants from its coverage. The majority found no compelling reason to exclude student assistants from the protections of the Act.

Chairman Mark Gaston Pearce was joined by Members Kent Y. Hirozawa and Lauren McFerran in the majority opinion. Member Philip A. Miscimarra dissented in the case.

Brown had focused on a test whether the grad students were primarily students or primarily employees and, to my mind, the most important aspect of Columbia was the NLRB's rejection of that test and return to the common-law test for employment. I had always thought that Brown's refusal to use the common-law test flew in the face of Supreme Court law.


August 23, 2016 in Labor and Employment News, Labor Law | Permalink | Comments (2)

Monday, July 25, 2016

O'Brien on Whether Class-Action Waivers Violate the NLRA

O'brienChristine O'Brien (Boston College - Management) has just posted on SSRN her article (forthcoming 19 U. Pa. J. Bus. L. ___) Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not? Here's the abstract:

Should employers be able to require individual employees to sign away their rights to collective action as a condition of employment? The National Labor Relations Board has held in D.R. Horton and Murphy Oil USA that when employers require employees to waive their right to “joint, class, or collective claims addressing wages, hours, or other working conditions against the employer in any forum, arbitral or judicial” as a condition of employment, this violates the NLRA. Even allowing prospective employees to opt out of such class waivers does not cure the violation in the NLRB’s view according to its decision in On Assignment Staffing Services. A circuit split has developed on enforcement of the Board’s orders on the class waiver issue with the Fifth Circuit denying the NLRB enforcement, the Seventh affirming the Board, and the Eight Circuit joining the Fifth. There are several appellate cases pending before the Ninth Circuit which has yet to fully develop its stance and approximately sixty class waiver cases pending on appeal. The Supreme Court will likely be faced with deciding one of these appeals soon. This article discusses the NLRB’s and courts’ positions from several recent cases involving class waivers in individual employment dispute agreements. It suggests how the courts and the Supreme Court should rule as well as the possibility of legislative action.


July 25, 2016 in Arbitration, Labor Law | Permalink | Comments (1)

Tuesday, June 21, 2016

Supreme Court grants Cert in NLRB Case and Issues Decision in FLSA Case

Supreme CourtA twofer from the Supreme Court already this week.  First, on Monday, the Court granted cert. in NLRB v. SW General.  The case addresses the question whether an individual can continue serving as an acting official once he or she has been officially nominated.  In this case, the individual is Lafe Solomon, whom President Obama designated as Acting General Counsel in 2010, under the Federal Vacancies Reform Act.  In 2011, the White House nominated Solomon to the Senate.  The D.C. Circuit held that once Solomon was nominated, the FVRA barred him from continue to serve as Acting General Counsel; the issue boils down to which provision of the act Solomon was designated when he became Acting GC.

Second, today the Court issued its decision in Encino Motorcars v. Navarro, which addressed a 2011 Department of Labor rule that said that car dealership employees who handle service appointments were not excluded from overtime--overturning many years of prior precedent that had included such employees under the "primarily engaged in . . . servicing automobiles" exception of the FLSA.  In its decision, the Court held that the DOL didn't deserve any deference because it failed to provide an explanation for its change of position.  However, the Court did not settle the issue and instead remanded to the Ninth Circuit to determine whether the employees were excluded under the FLSA.  Scotusblog has a good summary of the splintered decision, including the various opinions--especially with regard to whether the Court should have addressed the underlying issue of the exclusion's application, and how. 


June 21, 2016 in Labor and Employment News, Labor Law, Wage & Hour | Permalink | Comments (0)

Saturday, May 14, 2016

Silicon Valley Arbitration Clauses

The NY Times today described the increasing use of arbitration clauses for Silicon Valley and other similar start-up firms.  This issue is nothing new to readers of this post, but it perhaps shows that even Silicon Valley isn't immune from broader workplace trends (although they certainly put a nicer spin on it).  As always, the devil is likely in the details.  Workers represented by experienced unions tend to fare well under arbitration systems, while individual employees--or those trying to form class actions--are far less likely to see the benefits of one-sided arbitration agreements.  As the article notes, the Consumer Financial Protection Bureau is seeking new rules for commercial arbitration, but aside from the NLRB, there seems little that agencies are doing for employees.

-Jeff Hirsch

May 14, 2016 in Arbitration, Labor and Employment News, Labor Law | Permalink | Comments (0)

Wednesday, May 11, 2016

Uber Guild

UberYesterday, Uber announced that it had come to an agreement with the Independent Drivers Guild, which is not a formal union, but is affiliated with the International Association of Machinists and Aerospace Workers.  This agreement is not a concession by Uber that its drivers are employees; to the contrary, it is a way to give drivers a voice explicitly without making such a concession.  Broadly, the deal has Uber promising to hold monthly meeting with the Guild and sets up an appeals process for barred drivers.  Drivers will also get certain benefits, such as discounted insurance, roadside help, and legal assistance.  There will not be bargaining over fares and other benefits.  Moreover, the machinists promised not to try to organize during the 5-year agreement or seek status as employees under the NLRA.

This is a good example of non-traditional means to provide employees with voice in a non-union workplace. I've actually been working on a paper (for far too long) that explores these and other types of non-traditional collective voice measures, particularly ones that take a more collaborative stance towards employers. 

-Jeff Hirsch 


May 11, 2016 in Labor and Employment News, Labor Law | Permalink | Comments (2)

Thursday, May 5, 2016


The New York Times is reporting on the increasingly cozy relationship between the Service Employees International Union and American Federation of State, County and Municipal Employees.  Although there is nothing official at this point, a future merger between the two unions could be in the cards.



May 5, 2016 in Labor Law | Permalink | Comments (0)

Tuesday, March 29, 2016

Supreme Court Tied Up in Friedrichs

Supreme CourtThe Supreme Court issued its opinion in Friedrich's today and, as is no surprise following Justice Scalia's death, the Court was 4-4.  This means that Abood and its approval of public-sector union fees under the federal constitution lives on.  On the other hand, I'd expect challenges to pop up under state constitutions, which will obviously be dependent on a given state's prior decisions and court politics.

The full text of the decision is:  "The judgment is affirmed by an equally divided Court."


March 29, 2016 in Labor and Employment News, Labor Law | Permalink | Comments (0)

Friday, March 11, 2016

McDonald's Joint-Employer Hearing

NLRBThe ALJ hearing over McDonald's alleged status as a joint-employer under the NLRA is currently underway.  The Washington Post's Lydia DePillis is covering the hearing and has a good description of opening statements.  Although I understand why parties, especially McDonald's, is initially casting this as a broad attack at the franchise model, to me the more interesting aspect of the case is to see how the NLRB will apply it's new Browning-Ferris joint-employer standard.  As is often the case, it's all in the details, and that's where I expect the this case to be illuminating.


March 11, 2016 in Labor Law | Permalink | Comments (0)

Saturday, February 27, 2016

Rogers: "Libertarian Corporatism" Better than Wagner

RogersBrishen Rogers (Temple) has just posted on SSRN his article (forthcoming Texas L. Rev.) Libertarian Corporatism is Not an Oxymoron. Here's the abstract:

This paper, for a symposium on constitutional law and inequality, proposes a new model of labor law termed "libertarian corporatism." Under this model, the state would strongly encourage or even mandate collective bargaining at the occupational or sectoral level (as corporatism requires), while leaving workers near-unfettered choice as to bargaining representatives, and removing certain core legal constraints on workers’ concerted action (as a principled libertarianism requires). This model may ensure both equality and employee choice better than our existing "Wagner Model." Libertarian corporatism may also be a promising power-dispersion strategy in other fields--for example, it could help resolve conflicts over the use of user data by tech firms.


February 27, 2016 in Labor Law, Scholarship | Permalink | Comments (0)

Wednesday, February 24, 2016

O'Brien on Swearing & Section 7

O'brienCongratulations to Christine O'Brien (Boston College-Management) for her extensive citation in a New York Times article about workplace profanity, bikini contests, social media, and Section 7 of the NLRA. Christine's article on point is I Swear! From Shoptalk to Social Media: The Top Ten National Labor Relations Board Profanity Cases, 90 St. John's LL. Rev. ___ (forthcoming 2016). The NYT article is Fired for Cursing on the Job, Testing the Limits of Labor Law.


February 24, 2016 in Labor Law | Permalink | Comments (0)

Monday, February 15, 2016

Class Actions, Arbitration, and D.R. Horton

HortonStacie Strong (Missouri) posted this to the ADR profs listserv. I am cross-posting it here with her permission:

As some of you may know, another case involving class waivers in the employment/labor context was heard Friday by the Seventh Circuit.  The case, Lewis v. Epic Systems, Inc. (No. 15-2997) (here's the district court opinion), saw the National Labor Relations Board (NLRB) filing an amicus brief.  While it is unclear how the Seventh Circuit will rule in this instance, it would seem that the Supreme Court will soon need to address this issue, either to resolve the split between agency (NLRB) determinations on the proper reading of the National Labor Relations Act and various federal court rulings (if the Seventh Circuit follows the approach used by other federal courts since the D.R. Horton case), or between different federal courts (if the Seventh Circuit adopts the NLRB approach).


February 15, 2016 in Arbitration, Labor Law | Permalink | Comments (0)

Monday, February 1, 2016

Abarams: New Book on the Practice of Labor Arbitration

BookRoger Abrams (Northeastern) has just published The Labor Arbitration Workshop: An Experiential Approach (Carolina Academic Press, 2016). The book is a fascinating collection of (mostly) arbitration awards. An accompanying website contains simulations that can be used to develop lawyering skills. Here's the publisher's description:

Using these unique experiential materials, students explore the important role of alternative dispute resolution in the workplace. Using court and arbitration decisions as well as supplementary materials and problems, students discuss the role of the advocate, the relationship between arbitration and the judicial system, issues of arbitrability, evidence and procedure, as well as a variety of substantive contractual issues normally addressed in arbitration, such as seniority, fringe benefits, wages and hours, subcontracting and union security. In particular, the workshop focuses on "just cause" discharge and discipline cases. Using transcripts and simulations provided in a supplementary website, students draft an arbitration brief based on a transcript of a hearing and participate in an arbitration simulation using witnesses and documentary evidence.


February 1, 2016 in Book Club, Labor Law, Teaching | Permalink | Comments (1)

Saturday, January 23, 2016

Captive Audience Petition

NLRBA few days ago, over 100 law professors (present company included) filed a petition with the NLRB to change its approach to captive audience meetings.  Under the proposed rule, the NLRB would return to its prior policy of providing a union the opportunity to hold a meeting with employees if the employer does the same.  This differs from the current approach, under which employers can hold as many captive audience meetings that it wants (up to 24 hours prior to the vote), without giving the union similar access to employees.

An excerpt of the news release follows.  You can see the full release here and the petition (which was primarily authored by Charlie Morris and Paul Secunda) here

One-hundred and six (106) professors of labor law and employment relations have just filed an “interested person’s” petition with the National Labor Relations Board, the intent of which is to correct an unfair and undemocratic practice that American employers have long used to keep unions from winning NLRB elections. That practice is conducting what has come to be known as “captive-audience” meetings. These are anti-union talk sessions that management stages with employees on company premises during paid working time, with attendance compulsory and the union denied an equal opportunity to address those employees. It is a practice that employers tend to use almost reflexively whenever their employees are engaged in union organizing or seem likely to become so engaged. Such conduct was originally held to be a violation of the National Labor Relations Act, but that was changed in1953 by a Republican dominated Labor Board. Although the Board in 1966 commenced a reconsideration of that ruling, it never completed the process, deliberately leaving the matter open for change sometime in the future— which may now be about to happen. . . .

The petition points out that a similar rule has long prevailed for union elections on the airlines and railroads, which are covered by the Railway Labor Act, a similar yet different statute The National Mediation Board, which administers those elections, invalidates any election where captive-audience meetings have been held and the union loses, whereupon a new election is ordered. That practice has had a noticeable impact, for such meetings almost never occur during union-organizing campaigns on the airlines and railroads, and there have been very few instances of such violations. Petitioners assert that the absence of captive audiences in those industries might even be a significant factor—though certainly not the only factor—that accounts for the high rate of union membership—sixty-two percent—among airline and railroad employees; whereas it is less than seven percent among private-sector employees as a whole, a difference about which the public seems unaware. 


January 23, 2016 in Labor and Employment News, Labor Law | Permalink | Comments (2)

Monday, January 11, 2016

Oral Arguments in Friedrichs

Supreme CourtToday, the Supreme Court heard arguments in the public-sector agency fee case, Friedrichs v. California Teachers Association.  The oral argument transcript hasn't been released yet, but based on news accounts, it didn't sound good for the unions.  In particular,  Justice Scalia's comments seemed to shote down hope that might continue to express skepticism at overruling Abood.  It's, of course, never certain that the oral argument predicts a final decision, but public-sector unions should start making backup plans.

If the Court does overrule Abood it will be interesting if it holds, as some justices suggested at arguments, that all public-sector bargaining over terms and conditions of employment is political.  Does that mean that public-sector employees are entitled to First Amendment protection when they speak out about working conditions?  That hasn't usually been the case, but if that changes, it will be a silver-lining for some employees, especially those working in states without public-sector labor law.  Also, will outlawing agency fees create more of a move toward members-only bargaining?  For instance, will we see public-sector unions argue that free riding is unconstitutional (e.g., a takings?).

Stay tuned.


January 11, 2016 in Labor and Employment News, Labor Law | Permalink | Comments (0)

Friday, December 18, 2015

Transnational labourCongratulations to Adelle Blackett (McGill) and Anne Trebilcock (University of Paris and Georg-August University, German), editors, on the publication by Edward Elgar Publishing of Research Handbook on Transnational Labour Law. Here's the publisher's description:

The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

And here's a more-detailed description of the Handbook, with a special price discount.


December 18, 2015 in Book Club, International & Comparative L.E.L., Labor Law | Permalink | Comments (0)