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Law and Organizing for Countervailing Power

“Readers of this blog need no reminder of the pervasive inequalities that define American society.  Nor do readers need to be convinced that a perverse concentration of wealth has had …

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A Legal Challenge Against Racist Labor Exclusions Finds Life in Washington

“On November 5th the Washington Supreme Court ruled, in a 5-4 decision, that dairy workers are eligible for overtime pay. The Martinez-Cuevas decision could apply to all agricultural workers in Washington state. Materially this will …

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The Pitfalls of Uber and Lyft as Franchisors

“Uber and Lyft are in the early stages of discussions to possibly turn many of their California drivers into employees. However, rather than become employees of the companies, the drivers …

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A New Moment for Wrongful Discharge Law

“At-will employment is out of favor. In recent polling from Alexander Hertel-Fernandez, Data for Progress, and the Omidyar Network, a striking 68% of respondents said that employers should be limited in …

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A Union Default for the U.S.

“Unions have traditionally had a strong levelling effect on incomes, transferring money from capital to labour, particularly to the low-waged. Thus, falling union membership and collective bargaining coverage over the last …

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The Classification of “Gig” Workers in Canadian Work Law

“The central legal conundrum for labor law when it encounters platform or ‘gig’ work is one of legal classification. The distinction between ‘employee’ and ‘independent contractor’ is as old as …

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Implications for Corporate Governance Reform of the (Almost) First Food Delivery App Union

“It was supposed to be the first union for food delivery app couriers in North America. In February 2020, the labor relations board for the Canadian province of Ontario found that …

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Protecting Whistleblowers under COVID-19: A Proposal for “Preclearance” for Termination

“Across the country, essential workers — healthcare workers, janitors, grocery workers, delivery drivers, and others — are protesting dangerous working conditions under COVID-19. In response, employers in various sectors are retaliating against and even firing workers who raise internal complaints …

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Shelter From the Storm

“For many of us, our main contribution to the fight against the coronavirus pandemic is staying home. Many governors have issued orders to “shelter in place,” borrowing the term from …

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Tips and Benefits: Lessons from Israeli Law for the COVID Era

This post looks at the on-going issues faced by restaurant workers’ tips versus wages, and how the current pandemic exacerbates this issue. Among the many issues that tipping causes, one …

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