Janus and the Law of Opt-Out Rights
A great deal of time will be spent scrutinizing the core holding in Janus v. AFSCME, Council 31, that the First Amendment forbids public employers to require workers to financially support a union’s...
View ArticleJanus and Public Pension Funds
In last Term’s Janus v. AFSCME, the Supreme Court ruled that union agency fees—payments that all public employees were required to make to labor unions—violated the employees’ First Amendment rights....
View ArticleA Weakening of Overtime Regulation Reform
Elections, especially Presidential elections, have consequences. Few need reminding of this truism after 2016. But the distributional consequences of American Presidential elections have long...
View ArticleTrump-Appointed Labor Board’s Impatient Agenda to Reformulate Labor Law
Congress framed the National Labor Relations Act in 1935, during a period of confidence in the administrative state, using broad language and excluding a private right of action. The Labor Act thereby...
View ArticleRecent Case: Salazar v. McDonald’s Corp.
Over 90 percent of McDonald’s restaurants in the United States are franchises. Franchising has many benefits for both the franchisor (who saves substantial operating expenses) and the franchisee (who...
View ArticleRecent Case: NLRB v. International Ass’n of Bridge, Structural, Ornamental,...
Labor law holds a precarious place within First Amendment jurisprudence. Since the 1930s, unions have enjoyed both protections and constraints that appear to push the boundaries of constitutionality....
View ArticleRecent Case: Capron v. Office of the Attorney General of Massachusetts
The Au Pair Program is a Department of State exchange visitor program that involves three parties: au pairs who are foreign citizens between the ages of 18 and 26; 15 sponsor organizations, which are...
View ArticleRecent Case: Uber BV v. Aslam
Not all employment relationships are created equal. Nearly every legal system in the world provides multiple frameworks for individuals and businesses to structure their economic relations, each...
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