My book Data and Democracy at Work came out yesterday. My announcement tweet was deleted for some reason.
The book argues that employers are using AI as a tool of class domination, and asks how we can build a more democratic politics of workplace tech.
Thread on the arg...
The book puts recent workplace technological changes in the context of longer-term processes of capitalist development.
Companies have always used information to discipline workers. But their capacity to do so has been supercharged in recent decades in several ways.
My book Data and Democracy at Work is out today
@MitPress
.
It argues that employers are using AI as a tool of class domination, and asks how we can build a more democratic politics of workplace tech.
A thread on the argument (w'o the thread emoji).
In recent weeks, numerous employees have been terminated after engaging in Palestinian rights advocacy.
Together with some colleagues with relevant expertise, I wrote a memo on the legal implications.
Bottom line: such actions may violate federal law.
Starbucks workers across the country are striking this week over Starbucks’ treatment of queer & trans workers. We know that workers rights ARE queer & trans rights. Here’s just some of the things we’re fighting for —
Duke University just released a statement voicing its opposition to the unionization efforts by the
@dukegradunion
.
"Ph.D. students are not admitted to do a job; they are selected because of their potential to be exceptional scholars," says interim provost Jennifer Francis.
Law profs: please consider signing this letter. It urges
@potus
to push for a diplomatic solution in Gaza. That would include a cease-fire, restoration of food/water/medicine, allowing Gazans to return home, and ensuring the safe return of all hostages.
We’ve lost a giant, one of the last century’s great minds. A student of war, always a realist. While not born in the US, he understand it as well or better than anyone.
Regardless of how you view his legacy, you must admit Shane MacGowan profoundly shaped our world.
I’m back on
@lpeblog
! This time discussing the NLRB’s Cemex case and contemporary legal theory.
A different subtitle to the post might be “in defense of low-key Marxism”
“Workplace Data is a Tool of Class Warfare,” my new essay
@BostonReview
. This is adapted from my book, also out today.
I 🖤 ❤️ 💛 the title, which the editors came up with!
Workplace Data Is a Tool of Class Warfare - Boston Review
Legal discussions of anti-union campaigns can make them seem abstract and bloodless. This story brings home the physical and emotional toll on workers … which is often the point. Union busting involves psychological torture.
@SBWorkersUnited
I'm thrilled to announce that my book Data and Democracy at Work is now open access, as part of
@mitpress
's "Direct to Open" program.
Faculty: if you want to assign chapters of the book, I believe this means you can send the link directly to students.
Excellent point here by
@jennyhunterdc
: it is unimaginable that the Court would rule the same way in Glacier if the parties were flipped. For example, if the employer locked out the workers at a moment that caused them maximum economic harm.
I wrote in
@ballsstrikes
that, yes, Glacier Northwest "could have been worse," but that's a tiresome refrain that acclimatizes the public to a Supreme Court that's constantly whittling away at peoples’ rights and increasing the power of corporations
I think Glacier is worse than many are making it out to be. It's a bit of a Trojan Horse.
Preemption doctrine is mainly jurisdictional, not substantive. The Q is who has authority to address an issue: the NLRB or the states.
Glacier gives the states much more power. 1/
This is a major development for student athlete employment rights: an NLRB Regional Director has issued a complaint alleging that the NCAA, Pac-12 and USC *jointly* employ student athletes.
Someone should really produce a TV series about a union organizing drive. You could base it entirely on absurd true stories and it would absolutely kill.
I heard a rumor yesterday that some elite private high schools solicit large donations from parents in exchange for special treatment in college recommendations. In other words, children of large donors get priority at Ivies etc. Is this a known practice?
This was an extraordinary gathering, which gave me some hope amid all the horrors of the last few weeks.
I had to go to class but the organizers are now occupying streets in front of the White House. People in DC who can go, I urge you to do so!
BREAKING: I am by the White House in Washington D C where Jews are rallying in support of Palestine and Israel and are asking
@netanyahu
to "stop the killings", say no genocide in their names.
I'm really not going to hype my book every few hours, but this is deliciously ironic:
Amazon, whose use of workplace tech is one of my primary subjects, has algorithmically rated it as the
#1
new release in labor and employment law.
I'm reading my actual, physical book for the first time in preparation for a talk, and I have to say it's a great feeling. Very different from reading the proofs.
Cemex may be the most important NLRB decision in a generation.
Hard to say if it will survive review. But labor and the state can use it to change power alignments right now through organizing — which in turn would *help* it survive review.
I'm devastated to learn JoAnne Epps, the former Dean of
@TempleLaw
, died this afternoon. I and many other people I know owe her so much, and will truly miss her.
Very impt decision from the NLRB. The Board is now more likely to strike down employer work rules that may chill employee speech and collective action.
That will empower workers in non-union workplaces and make organizing a bit easier.
🧵: Today, the NLRB issued a decision in Stericycle Inc., adopting a new legal standard for evaluating whether an employer work rule is unlawful to maintain under the National Labor Relations Act.
Specifically Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, and national origin.
The analysis would apply equally to employees terminated for advocacy in support of Israeli policy, which is also likely on the rise.
I just finished
@daisypitkin
's book "On The Line," and it is unbelievably good. Not just the best book I've ever read about union organizing -- also a compelling meditation on class, race, institutions, and what we owe one another.
Extremely excited to see
@BrishenRogers
discuss his new book 'Data and Democracy at Work' next Friday 10/6 at a lunchtime event co-hosted by
@CLJEHarvard
and LPE
@HLS
. If you're in the Boston area, come through - this is going to be a surefire hit!
Breaking my self-imposed twitter exile to urge you to read
@mddimick
's new
@LPEblog
post. It is probably the best summary of a Marxist/Neo-Marxist understanding of "capitalism" that I've encountered in legal scholarship.
Today's ep of
@nytimes
The Daily covers the
@UAW
/Big 3 negotiations and is ... ok. Two things are making me scream into the void.
First, they analogize the relationship to a long and traumatic marriage and then cast the *UAW* as the abuser?
"For example, employers cannot respond to speech differently based on the class membership of the speaker, or in a way that reflects a religious or racial stereotype."
.
@samuelmoyn
‘s new paper on CLS and radical legal theory is a must-read. I have two thoughts on it that seemed worth sharing publicly.
First, Moyn notes that many legal scholars see CLS beginning & ending with Duncan Kennedy & his students, disregarding e.g. Horwitz & Unger. 1/
IDK if the NLRB would go there, but cutting off health care to strikers could be "inherently destructive" of Section 7 rights under Erie Resistor as a matter of common sense and sound legal reasoning.
As announced on Monday, we have made the difficult decision to stop paying wages and premiums for healthcare benefits for employees who are striking. Up to this point, we have continued to compensate our faculty and staff who have chosen to exercise their right to strike.
Dear Members of the Temple Community,
It is with deep heartbreak that we write to inform you that Temple University Acting President JoAnne A. Epps suddenly passed away this afternoon.
Reminder that Kagan’s dissent in Janus focused almost entirely on how fair-share fees helped *employers,*especially by maintaining labor peace. Not on how those fees benefitted workers or made our political economy more equal.
Labor people: This is a *really* good video.
Legal people: The Flint sit-down ended on Feb. 11, 1937. After that workers struck in huge numbers around the country. SCOTUS decided West Coast Hotels in late March (the "switch in time" case), and Jones & Laughlin two weeks later.
Yes the Paul Hastings slide suggests a difficult or even toxic work environment.
But it is worth keeping in mind that many of these expectations are common at low-wage service jobs (restaurants, cafes, car rental agencies). And at many non-profits.
True story: when I was organizing janitors in NJ we had to fight much harder against Rutgers than many private real estate companies. We even did an action on the secretary of labor outside a leg committee because they kept blowing us off. 1/
Good morning
@RutgersU
! It’s Day 285 without a contract and DAY 2 of the STRIKE! We are feeling excited to head back to the picket line! See you out there!
One unexpected shift since finishing a book is that I'm way less annoyed by typos and the occasional weird sentence in others' writing. I'm just like, oh they missed that one in the proofs, nbd.
This tends *not* to happen w' law reviews, because the editors are so fastidious.
Also: say some employees feel their employer’s response to events in the Middle East has created a hostile work environment for their protected class.
They post about it online and the employer terminates them. That’s a possible Title VII violation AND a possible 8(a)(1).
"This is true even though Title VII does not protect employees on the basis of political belief or expression per se, and even though the First Amendment’s protections do not generally apply to private employers."
Specifically the adoption of a social media policy can be an unfair labor practices — an 8(a)(1) — where it has a tendency to chill workers' exercise of Section 7 rights.
We are extraordinarily saddened to report AFL-CIO Chief Economist Bill Spriggs
@WSpriggs
passed away peacefully last night.
His work has impacted a generation of economics and workers around the world and his legacy will live on for lifetimes to come.
That analysis should also apply to state laws barring discrimination on the basis of race, religion, etc.
AND: employees may have much stronger protections in states that ban discrimination based on off-duty conduct. Those include California and Connecticut.
Lechmere holds that union organizers usually have no right to enter a customer parking lot owned by an employer to talk to that employer’s workers. The employer didn’t own the parking lot.
@Omri_Marian
Someone should compile a list of big SCT cases in which facts were made up. One favorite: In Dickerson v. US, the Miranda warnings actually had been given; the only reason they weren't in the record was b/c the AUSA forgot at 1st & the district judge wouldn't reopen the record.
I can't speak to all of the plagiarism accusations against Claudine Gay, but this one seems ridiculous to me. They're summarizing and quoting statutory text, and making very anodyne statements about it.
I will not forsake my to do list to try to edit the woefully lopsided wikipedia page on Stuart Hall. I will not forsake my to do list to try to edit the woefully lopsided wikipedia page on Stuart Hall.I will not forsake my to do list...
A few thoughts on Rob Hunter's must-read essay.
Much of the recent "does LPE need theory" debate has assumed a unity to LPE methodology and/or politics that IMO does not exist. That's also true of much of offline debates abt LPE's relationship to CLS
The memorandum outlines how plaintiffs in Title VII cases prove disparate treatment discrimination, and then considers how that governing law would apply in several hypothetical situations informed by recent events.
Here is one.
What to do? I suggest several sets of reforms: ending surveillance in many cases, requiring bargaining over new tech in others, and making data a public resource in still others. Abolish, bargain, socialize.
This is the rare article about AI and work that actually talks to people on the ground to understand the effects.
One thought: is it possible that ChatGPT actually *boosts* demand for lawyers by reducing the cost of legal services?
The book puts recent workplace technological changes in the context of longer-term processes of capitalist development.
Companies have always used information to discipline workers. But their capacity to do so has been supercharged in recent decades in several ways.
This feels right to me and suggests a real irony: that in the process of trying to replicate various forms of expertise, ML apps end up making actual expertise more valuable.
it seems very possible that we are now exiting the brief window where a good fraction of all of human knowledge was searchable & instantly available. a window that starts with the invention of the search engine & ends with the invention of large language models.
You absolutely love to see it:
“Under current Board law, there is no effective remedy to deter an employer bent on defeating a union campaign by committing serious ULPs that tend to make a free and fair election unlikely.” Cemex, slip op., at 28.
A captive audience ban could also be challenged on First Amendment grounds, especially before this Court.
I'm angry but not shocked that two of the liberal justices went along with this. 8/8
I should be clear that the memo does not provide a comprehensive treatment of these matters and should not be construed as providing legal advice. We wrote it to assist with public and private debates on point within law schools, advocacy organizations, employers, and agencies.
This feels like a very exciting moment for legal theory and critical social theory. I keep encountering new work that draws both from materialist & discourse theories, or tries to bring the “old” tradition of grand critical theory into the present without its deep structuralisms
Bargaining would give workers rights to consult or bargain over new technologies and surveillance practices, so that they can make sure those devices are not used to erode the quality of work.
I'm excited to present my research on AI and class power as part of the "Real Utopias for a Social Europe" project. Online conference tomorrow and Wednesday.
Other speakers include
@jennaburrell
,
@valeriodeste
,
@martin_oneill
,
@TreborS
. Details below.
After our Real Utopias workshops on Universal Benefits and the 4-Day-Week, we are thrilled to announce our third workshop: 𝐑𝐞𝐝𝐢𝐬𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐧𝐠 𝐏𝐨𝐰𝐞𝐫 𝐚𝐧𝐝 𝐖𝐨𝐫𝐤𝐩𝐥𝐚𝐜𝐞 𝐃𝐞𝐦𝐨𝐜𝐫𝐚𝐜𝐲.
June 6th and 7th!
All info👇
#DIGCLASS
Substantively, the case opens a narrow window for state tort and other anti-labor efforts. But SCOTUS does this all the time in an effort to shift the law.
States will begin a million "experiments" to make it harder for workers to strike, some of which will pass muster. 2/
I'm not going to meme this but my unpopular opinion is that we have always lived in isolated epistemic communities, and non-elites have always had political opinions that elites find incomprehensible. What has changed is that social media has made this visible to elites.