Labor & Employment Law Practice Group

Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers

Alexander MacDonald

Federalist Society Review, Volume 23

Constitutions often give you the right to do things. They give you the right to...

The Incoherence of the Biden Administration’s Labor-Market Policies

Alexander MacDonald

The Biden administration is pushing two irreconcilable theories about labor markets. One theory argues that...

Going Rogue: The EEOC Quietly Uses FOIA To Penalize Employers For Adopting Lawful Employment Arbitration Programs

Christopher C. Murray, Lorenzo B. Riboni

Anecdotal reports from employers around the country indicate that regional offices of the United States...

The Radicalism of Jennifer Abruzzo’s Free Speech Doctrine

Alex MacDonald

The new NLRB General Counsel is trying to overthrow decades of precedent and expand secondary boycotts under a First Amendment pretext. The NLRB will probably let her. Will the courts?

Do unions have a First Amendment right to drag third parties into their labor disputes?...

Union-Backed Litigation Seeks to Extend First Amendment Protection to Coercive Lawsuits

Alexander MacDonald

When people talk about “weaponizing” the First Amendment, they’re almost always talking about corporate-backed litigation....