Workplace Prof Blog
The Workplace Prof Blog features commentary on labor & employment law. This blog is a member of the Law Professor Blogs Network, starring in-depth commentary from a trio of American law professors: Richard Bales, Paul Secunda and Jeffrey Hirsch.
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Featured Articles
Labor Troubles at the NLRB
The NLRBPA--the union representing HQ employees at the NLRB, which is not to be confused with the much larger NLRBU union that represents mainly regional workers --has released a press notice detailing its objections to the implementation of a new...
The SEIU, Gov. Blagojevich, and Labor's Legislative Agenda
Soon after we posted a story about Andy Stern and the SEIU's wish-list for the new Obama administration, the Gov. Blagojevich scandal threats to undermine some of the union's efforts. Among Blagojevich's many alleged attempts at corruption was to get...
Recent Articles
States Immune from Suit for FMLA Violations Related to Self-Care
The Supreme Court issued it's opinion in Coleman v. Md. Ct. App. today, holding that Congress lacked the power to abrogate state immunity from suits for damages for violations of the FMLA's self-care provisions. Here's the syllabus: JUSTICE KENNEDY, joined...
Cunningham-Parmeter on Federalism and Immigration
Apropos of yesterday's federalism decision in the FMLA/11th Amendment context, Keith Cunningham-Parmeter (Willamette) has a nice piece on federalism in immigration laws: Forced Federalism: States as Laboratories of Immigration Reform. Here's the abstract: This Article questions the experimental...
Wasserman on Hosanna-Tabor and Jurisdiction
And in keeping with the federal courts/Supreme Court theme, Howard Wasserman (Florida International) has a really interesting essay on the Supreme Court's holding in Hosanna-Tabor Lutheran School v. EEOC that the ministerial exception is not jurisdictional in PENNumbra: Prescriptive Jurisdiction,...
Zelinsky on the Individual Mandate, the Parsonage Allowance, and the Religious Exemptions for FICA and Social Security
That's a mouthful of a headline. Anyway, Ed Zelinsky (Cardozo) has just posted on SSRN his article Do Religious Tax Exemptions Entangle in Violation of the Establishment Clause? The Constitutionality of the Parsonage Allowance Exclusion and the Religious Exemptions of...
Fired for Wearing Orange
Joe Slater (Toledo) sends us word of this story from the SunSentinel; Four workers tell the story this way: For the past few months, some employees have worn orange shirts on pay-day Fridays so they'd look like a group when...
Recently Published Scholarship
Kermit Roosevelt III, Not as Bad as You Think: Why Garcetti v. Ceballos Makes Sense, 14 U. Pa. J. Const'l L. 631 (2012). Mark E. Berghausen, Intersex Employment Discrimination: Title VII and Anatomical Sex Nonconformity, 105 Nw. L. Rev. 1281...
The NFL Salary-Cap Side Agreement
Thanks to Dan Sydner's, owner of Washington, in-you-face maneuvers during the lock-out, there's been a lot of attention to the new salary cap agreed to by the NFL and players' union. The new cap was a bit higher than the...
The NFL Salary-Cap Side Agreement
Thanks to Dan Sydner's, owner of Washington, in-you-face maneuvers during the lock-out, there's been a lot of attention to the new salary cap agreed to by the NFL and players' union. The new cap was a bit higher than the...

