Moshe Z. Marvit

Moshe Z. Marvit is an attorney and fellow at the Century Foundation, and co-author with Richard D. Kahlenberg of Why Labor Organizing Should Be a Civil Right: Rebuilding a Middle-Class Democracy by Enhancing Worker Voice.

Recent Articles

Trump’s Labor Law: Heads, Workers Lose; Tails, Workers Lose

The right-wing majority on the NLRB says SuperShuttle drivers aren’t entitled to the protections of labor law because they have to cover their losses themselves. 

On Friday, as the federal government was preparing to reopen after the longest shutdown in its history, the National Labor Relations Board (NLRB) released a decision that will have major implications for millions of American workers. In the decision SuperShuttle DFW , the three-member conservative majority laid out a new bizarre test for determining whether a worker is an employee or an independent contractor. The legal rights and standing of an independent contractor are far less than those of an employee. An independent contractor cannot sue for race or gender discrimination; she is not entitled to minimum wage or overtime; she cannot get unemployment compensation when laid off or workers compensation when hurt on the job; and she cannot form a union with her fellow workers in order to bargain collectively. Millions of American workers are designated as independent contractors, and it has been estimated that between 10 percent and 30 percent of employers misclassify their employees...

The Way Forward for Labor Is Through the States

But that requires the courts to reverse decisions that subverted federal labor law.

AP Photo/Nick Ut
Each January, as the Bureau of Labor Statistics (BLS) releases its annual data on union membership rates, labor braces itself to see how steeply the chart dips. This past year, the share of unionized workers declined 0.4 percent, to just 10.7 percent of wage and salary workers overall and a bare 6.4 percent of private-sector workers. As has been the case for many years now, the annual release represents the lowest year on record for unions. Even though it has been the long-stated policy of the federal government, as codified in the National Labor Relations Act, to encourage collective bargaining, federal labor law has proven unable to adequately protect workers in the exercise of their rights, and Congress has proven unwilling to pass even tepid reforms that would help them. As a result, the law does little to protect workers who face increasingly hostile and sophisticated employers who often threaten, fire, and surveil employees in order to crush organizing efforts. While reforms to...

Roberts Rules for Protecting Corporations

The chief justice’s changes to the rules for litigation make suing big business a whole lot harder.

Tom Williams/CQ Roll Call via AP Images
This article appears in the Fall 2016 issue of The American Prospect magazine. Subscribe here . On April 9, 2012, Sandra Robertson was fired from her job at a Fayette County, Pennsylvania, plant run by Hunter Panels, which manufactures insulation materials. Robertson had worked at Hunter Panels for six years, following a much-decorated 20-year career in the Air Force, and was quickly promoted from traffic clerk to become the only female supervisor at the plant. Despite the fact that she did the same work and had more experience than most of her male counterparts, she earned approximately 20 percent less than they did. Furthermore, male supervisors subjected her to all manner of sexual harassment, from making obscene gestures to referring to her as a “bitch” who was “losing her mind” and “throwing fits.” When she complained about this treatment, she was told to “work harder” at getting along with her harassers. Upper management at Hunter...