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  • March 19, 2025
    Testimony
    Testimony to the Nevada State Assembly Committee on Commerce and Labor
    Testimony to the Nevada State Assembly Committee on Commerce and Labor
    Dear Chair Marzola, Vice Chair Jauregui, and Members of the Committee:I appreciate the opportunity to submit this written testimony to the Assembly Committee on Commerce and Labor. My name is Jeffrey A. Singer. I am a Senior Fellow in …
    By Jeffrey A. Singer
  • May 1, 2020
    Legal Briefs
    Oracle v. Dept. of Labor
    Administrative agencies don’t materialize from thin air. All agencies exercise regulatory authority only to the extent empowered by an act of Congress or the Constitution itself. Yet for decades, the Labor Department’s Office of Federal Contract Compliance Programs …
    By Jeffrey M. Harris, Alexa R. Baltes, Steven P. Lehotsky, Jonathan D. Urick, & Ilya Shapiro
  • November 26, 2018
    Legal Briefs
    Klein v. Oregon Bureau of Labor & Industries
    … fewer distractions unrelated to the core question of expression. For starters, there is no allegation that the Oregon Bureau of Labor and Industries showed anti‐​religious animus. Moreover, the Kleins did not sell off‐​the‐​shelf cakes to the general …
    By Ilya Shapiro and Patrick Moran
  • July 2, 2018
    Legal Briefs
    Colo. Dep’t of Labor & Employment v. Dami Hospitality
    Is an “excessive” fine constitutional if it’s levied against a corporation? According to the Colorado Department of Labor and Employment, yes it is. Mrs. Soon Pak manages Dami Hospitality, LLC, a company that runs hotels and motels in Colorado …
    By David B. Kopel, Ilya Shapiro, Trevor Burrus, & Matthew Larosiere
  • May 1, 2018
    Legal Briefs
    Gerawan Farming v. Agricultural Labor Relations Board
    … safety standards, but by singling out employers for idiosyncratic treatment. This is not a “collective bargaining agreement,” but a mini‐​labor code applied to a single employer, who must now compete in the marketplace under a regulatory regime unique to …
    By Damien M. Schiff, Erin Wilcox, Ilya Shapiro, & Trevor Burrus
  • February 23, 2017
    Legal Briefs
    National Restaurant Association v. Department of Labor
    … judicial — into one body that does not have to jump through the Framers’ hoops. National Restaurant Association v. Department of Labor is a prime example of how far down the rabbit hole we have come from the Framers’ original vision …
    By Ilya Shapiro and Frank Garrison
  • May 23, 2016
    Legal Briefs
    Gerawan Farming, Inc. v. Agricultural Labor Relations Board
    … brief supporting the farming company. We argue that the compulsion regime is unconstitutional for two reasons. First, it imposes mini‐​labor codes to govern the relations of individual employers and their employees’ unions. It doesn’t provide any safeguard to …
    By Damien M. Schiff, Luke Wake, and Ilya Shapiro
  • December 31, 2020
    Legal Briefs
    Cedar Point Nursery v. Hassid
    California labor law forces agricultural businesses to allow union organizers onto their property three times a day for 120 days of the year. Cedar Point Nursery operates a strawberry farm in northern California. One morning in the heart of harvest …
    By Ilya Shapiro, Trevor Burrus, and Sam Spiegelman
  • September 2, 2020
    Legal Briefs
    Cedar Point Nursery v. Hassid
    California labor law forces agricultural businesses to allow union organizers onto their property three times a day for 120 days of the year. Cedar Point Nursery has a strawberry farm in northern California. At 5:00 am one day during …
    By Ilya Shapiro, Trevor Burrus, and Sam Spiegelman
  • September 27, 2013
    Legal Briefs
    Unite Here Local 355 v. Mulhall
    The Labor Management Relations Act (a.k.a. the Taft‐​Hartley Act) was passed in 1947 in order to curb the tide of unfair labor practices that had arisen since the National Labor Relations Act (NLRA) of 1935. The NLRA …
    By Ilya Shapiro, Trevor Burrus, Luke Wake, & Karen Harned
  • September 24, 2019
    Public Comments
    H-2A Streamlining Rule Comments
    The Department of Labor (DOL) proposes a variety of reforms to the H‑2A program for agricultural workers. DOL states that this rule “streamlines the process” for H‑2A labor certifications for employers seeking to hire foreign temporary farm laborers …
    By David J. Bier
  • May 1, 2017
    Legal Briefs
    E.I. Du Pont de Nemours & Co. v. Smiley
    Congress passed the Fair Labor Standards Act (FLSA) in 1938 to regulate certain employment practices between employers and employees. In order to put the law into effect, Congress delegated authority to the Department of Labor (DOL) to enforce the statute …
    By Ilya Shapiro, Trevor Burrus, and Frank Garrison
  • November 20, 2015
    Legal Briefs
    Mendoza v. Nordstrom
    For 122 years, the California Labor Code has said that employees in all industries are “entitled” to a day of rest “one day therefrom in seven.” The statute also provides that “No employer shall cause his employees to work more …
    By Luke Wake, Ilya Shapiro, and Trevor Burrus
  • October 16, 2014
    Legal Briefs
    Perez v. Mortgage Bankers Association
    Under the Bush administration, the Labor Department interpreted a piece of the Fair Labor Standards Act as exempting mortgage‐​loan officers from eligibility for overtime pay. The Obama Labor Department didn’t see the law the same way, however, and …
    By C. Boyden Gray, Adam J. White, Adam R.F. Gustafson, Kathryn M. Kelley, Ilya Shapiro, & Julio Colomba
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