Labor

The Trump Administration is eager to roll back many protections for workers and labor unions—starting with Obama-era overtime regulations and safeguards for federal contractors.

Inside the Doomed Union Refund Lawsuits, Part II

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

Aaron Tang

UC Davis School of Law

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law

When the Supreme Court Takes Sides

6/28/18  //  Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

Amanda Shanor

Yale Law School

The Bearable Lightness of Janus

6/27/18  //  Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

Aaron Tang

UC Davis School of Law

Versus Trump: The Fiduciary Rule Comes And Goes

5/24/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

The NLRB’s Recusal SNAFUsal

4/5/18  //  Commentary

How Trump's appointees to the NLRB are rushing to judgment and undermining fair process.

Charlotte Garden

Seattle University School of Law

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

Richard Trumpka, President of the AFL-CIO, harshly criticized President Trump for his divisive rhetoric and continued support of corporations over working class Americans.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The Trump Administration is seeking to revive and broaden a rule that Congress killed last year requiring drug testing for unemployment benefits. There are fewer OSHA workplace safety inspectors under the Trump Administration than under President Obama.

Zachary Piaker

Columbia Law School

Update | Week of October 30, 2017

11/6/17  //  Daily Update

The Labor Department will appeal a court ruling that threw out an Obama-era rule that would have expanded overtime pay to 4 million more people.

Zachary Piaker

Columbia Law School

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The Administration proposed repealing an Obama-era regulation on tip pooling. An advocacy group filed suit to obtain DOL documents on possible repeals of several regulations.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The Trump administration supported employers in a Supreme Court case regarding mandatory arbitration agreements in employee contracts.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The Senate confirmed President Trump’s second pick to the National Labor Relations Board.

The Blind Side In Trump’s War On The Administrative State

4/17/17  //  Commentary

Neomi Rao’s nomination to serve as Administrator of the Office of Information and Regulatory Affairs (OIRA) is part of Trump and Bannon’s war on the administrative state.

Leah Litman

U.C. Irvine School of Law

Ian Samuel

Harvard Law School

Labor Under Trump: More Disclosure for Unions; Less for Employers

6/14/17  //  In-Depth Analysis

Early signs suggest that the Trump Administration’s strategy is to weaken unions and deregulate employers.

Charlotte Garden

Seattle University School of Law

Free Speech Solidarity

10/6/17  //  In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

Charlotte Garden

Seattle University School of Law

The Acosta Hearing & the “Deconstruction” of Federal Agencies

3/24/17  //  Quick Reactions

Hearings on President Trump's nominee for Secretary of Labor revealed little about the future of labor policy. But the hearings made crystal clear that Trump's executive orders and proposed budget threaten even popular and effective government programs.

Charlotte Garden

Seattle University School of Law

That Time When Republicans Re-Regulated Retirement Savings

4/11/17  //  In-Depth Analysis

Congressional Republicans care about one thing far more than their professed values and far more than the American people they claim to represent: protecting the financial services industry. This was recently made clear when they undid two key DOL rules.

Danielle D'Onfro

Washington University Law School

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

The Fiduciary Rule: Triaging Quality for “Access” and Small Business at All Costs

3/28/17  //  In-Depth Analysis

Ultimately, this Administration’s re-examination of the Obama-era Department of Labor fiduciary rule looks like little more than a gift to the retirement services industry at the expense of workers and retirees.

Danielle D'Onfro

Washington University Law School

Trump v. Unions

3/21/17  //  Commentary

January 20, 2017 marked the beginning of a new and dangerous age for labor. Here's an overview of the many challenges and threats that the American labor movement is likely to face under Trump.

Charlotte Garden

Seattle University School of Law

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Hearings for his Secretary of Labor nominee demonstrated that President Trump’s budget proposal threatens even popular and effective government programs, as Charlotte Garden explains for Take Care. This week, the Trump Administration repealed a rule requiring federal contractors to disclose labor violations.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

President Trump fills two vacant seats on the NLRB, which will likely undo Obama-era policies on labor.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

President Trump plans to expand the workforce with apprenticeships, and plans to include permit reform in his infrastructure package. Meanwhile, the Department of Labor is planning to rescind the "persuader rule," and pro-family policies pushed by Ivanka Trump are woefully inadequate.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The Trump administration's proposal to revoke the Department of Labor's "fiduciary rule" is causing controversy within the agency, and the repeal of Obama-era Department of Labor regulations by congressional Republicans may actually increase regulatory burdens.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

A federal judge blocked an EEO rule allowing employers to tie healthcare premiums to participation in wellness programs. Several state attorneys weighed in opposing mandatory arbitration agreements in employment contracts.

The Story Thus Far: Labor

3/16/17  //  Daily Update

President Trump is likely to pursue a ferociously anti-labor agenda. The battles ahead may define the future of labor and employment law in America—and the fate of organized labor. Here are some useful analyses of the story thus far.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

The Administration will not defend an Obama-era overtime pay rule.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

The Trump administration is in for a fight with organized labor and its curb of agency regulatory power may put workers at risk.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

President Trump's federal hiring freeze and his embrace of Bush-era appointees have both faced backlash.

Take Care

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Reversing course, this week President Trump decided not to pull out of NAFTA. The Trump Administration vowed to undo the Obama Administration's requirement that employers provide birth control their employees.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Analysis occurs of congressional members' efforts to make union organizing much harder and the Administration's revised parental leave policy.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump may not be as inclined to help the working class as he indicated during his campaign.