Volume 37 Number 3

Articles

Labor & Employment

The Legacy of Wal-Mart v. Dukes and the Administrative Response

It is not news that the 2011 U.S. Supreme Court decision in Wal-Mart Stores Inc. v. Dukes1 was a watershed moment for employment discrimination class actions—and for class actions in general.

Labor & Employment

Congress Was Wrong: Arbitration Is More Plaintiff-Friendly Than Litigation, and We Can Make It Even More Just

Congress passed a law that made pre-dispute arbitration agreements unenforceable, regardless of whether the agreements were entered into voluntarily by the employee or were a mandatory condition of employment.

Labor & Employment

Protecting the Right to Organize Act of 2021: Whom and What Does It Really Protect?

For decades organized labor has experienced a decline in union membership. Particularly notable is the sixty-five-year decrease in union density of the United States workforce.

Labor & Employment

Comments on the Pro Act’s Bargaining Order and Secondary Boycott Provisions

In 2020, the House of representatives passed the Protecting the Right to Organize Act of 2019, popularly known as the PRO Act.1 The bill failed in the Senate but was re-introduced and passed in the House in 2021.

Labor & Employment

Unions for Independent Contractors

The National Labor Relations Act (NLRA) was enacted at a time when a great majority of the nation’s workers were “employees” in the traditional sense of that term: workers who directly worked for and were paid by their employers.

Labor & Employment

The PLA Alternative in an Increasingly Open Shop New York City Construction Market: the REBNY-BCTC Statement of Principles

For decades, union workers dominated the private and public construction industry in the United States.

Labor & Employment

COVID, Cooperatives, and Control: The Time Has Come for Worker-Owned Cooperatives

There are 2.4 million home care workers in the U.S., largely women and people of color, and forty-four percent of these workers live in low-income households. These workers have been risking their lives during the pandemic to provide care.

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ABA Journal of Labor & Employment Law, Volume 37 Number 3

The Editor's Page

Articles

The Legacy of Wal-Mart v. Dukes and the Administrative Response

Congress Was Wrong: Arbitration Is More Plaintiff-Friendly Than Litigation, and We Can Make It Even More Just

Protecting the Right to Organize Act of 2021: Whom and What Does It Really Protect?

Comments on the Pro Act’s Bargaining Order and Secondary Boycott Provisions

Unions for Independent Contractors

The PLA Alternative in an Increasingly Open Shop New York City Construction Market: the REBNY-BCTC Statement of Principles

COVID, Cooperatives, and Control: The Time Has Come for Worker-Owned Cooperatives

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

ABA Journal of Labor & Employment Law, Volume 37 Number 3

The Editor's Page

Articles

The Legacy of Wal-Mart v. Dukes and the Administrative Response

Congress Was Wrong: Arbitration Is More Plaintiff-Friendly Than Litigation, and We Can Make It Even More Just

Protecting the Right to Organize Act of 2021: Whom and What Does It Really Protect?

Comments on the Pro Act’s Bargaining Order and Secondary Boycott Provisions

Unions for Independent Contractors

The PLA Alternative in an Increasingly Open Shop New York City Construction Market: the REBNY-BCTC Statement of Principles

COVID, Cooperatives, and Control: The Time Has Come for Worker-Owned Cooperatives

ABA Resources

The ABA

Connect