When seen through the prism of the kafala system, it appears that the Trump administration seeks to consolidate and formalize the most extractive features of the U.S. migration regime.
Recent calls for mandatory retirement in academia are a reminder that class and other social hierarchies are something like mountains with increasingly dense fog toward their peaks: the higher up one is, the less one understands that upon which and above which one stands.
Employment discrimination law is primarily concerned with exclusion from good jobs. Yet this leaves unaddressed a corresponding problem: employers seeking out marginalized workers in order to reduce worker pay, degrade working conditions, and minimize the chance of unionization.
Between 1917 and 1921, twenty-one states passed criminal syndicalism laws. These laws, which were intended to help eliminate the Industrial Workers of the World, have largely faded from public memory. Looking back, however, we can see a formula for anti-left repression that has proven durable and widely appealing: the limitation of political speech and organizing in the name of property protection.
The old school year is dying, and the new one struggles to be born: now is the time of movies.
When defending income inequality, high-earners often appeal to an old left-wing idea: that workers are entitled to the fruits of their labor and should be paid the value of their productive contribution. But does this idea make sense in a complex, interdependent economy?
How might we recover a pro-labor vision of the Constitution, and what would such a vision look like today? Kate Andrias, Willy Forbath, Jennifer Abruzzo, Keith R. Bolek, Andrea Hoeschen, Darin Dalmat, and Alvin Velazquez share their perspectives.
In recent decades, work hours have sharply diverged: high-wage workers are logging more time on the job, while low-wage workers face shrinking hours. Rather than trying to fix this imbalance by creating more work, policymakers should redistribute work through stronger overtime protections and a shorter workweek. Yet for this approach to succeed, highly paid white-collar workers will have to confront their own attachment to a work-based social order.
In the early 20th century, foreign companies operating in Brazil would extract profits while using thinly capitalized subsidiaries to directly employ their workers. When things went wrong, workers were left with worthless claims while capital remained safely sheltered in the foreign-located parent companies. To address this issue, in 1937 Brazil adopted a novel legal innovation: imposing joint and several liability on parent companies for labor obligations. Recovering this history reveals that legal innovation often flows from the Global South, that limited liability is neither natural nor universal, and that seemingly technical corporate law doctrines are deeply entangled with questions of distribution, power, and sovereignty.
When Congress eliminated taxes on overtime last summer, it framed the move as a win for workers. However, by encouraging people to spend more time on the job, the policy runs directly counter to the original purpose of overtime laws: to protect workers’ personal time and give them greater control over their lives. A better agenda would involve shortening the workweek, increasing the overtime premium, and banning mandatory overtime.
Even as the Trump administration seeks to dismantle DEI in the name of “merit,” the law it distorts still harbors possibilities for resistance. Title VII prohibits retaliation against employees who oppose discrimination, and workers purged for their past DEI efforts should consider pursuing retaliation claims against their employers. Such lawsuits would raise the costs of anticipatory capitulation, while also providing some measure of relief to workers already harmed.
Incarcerated workers are deeply embedded in the U.S. economy, yet they are excluded from basic labor protections and organizing rights. Traditional labor unions can and should bring these workers into the fold by organizing across prison walls and redefining the boundaries of worker solidarity.
In a stunning betrayal of 30 million workers, the Federal Trade Commission has abandoned its nationwide ban on non-compete agreements. Fortunately, states are filling the void with remarkable creativity — drawing on both new legislation and existing competition and consumer laws to enhance worker mobility.
As legal protections for labor organizing face existential threats, the American labor movement must confront a deeper challenge: the erosion of social norms that once condemned union-busting as morally wrong.
Despite a recent surge in campus organizing, tenured faculty at private universities haven’t unionized. Why is this? The conventional answer is that the Supreme Court said they can’t. Fortunately, the conventional answer is wrong.
