Michael McNeill Oswalt he/him/his (312) 906-5231 · [email protected] ACADEMIC APPOINTMENTS
IIT Chicago-Kent College of Law Chicago, IL Visiting Professor and Interim Director, Institute for Law and the Workplace Aug. 2021-May 2022
Northern Illinois University College of Law DeKalb, IL Associate Professor of Law July 2016-Present Assistant Professor of Law Aug. 2013-Jul. 2016
Courses: Torts, Labor Law, Employment Law, Workers’ Compensation, Emerging Issues in Employment Discrimination (Seminar), Innovations in Low Wage Worker Organizing: The Rise of Alt-Labor in Legal Context (Seminar).
Leadership: Chair, College of Law Dean Search (2019-2020) Chair, Admissions Committee (2018-2022) Faculty Advisor, Law Review Faculty Advisor, Public Interest Law Certificate EDUCATION
Duke University School of Law, J.D. May 2008
Journals: Duke Law Journal, Staff Editor & Editorial Board Member Duke Journal of Gender Law and Policy, Note Editor
Honors: Order of the Coif Magna Cum Laude Class of 2008 Award for Labor and Employment Law First Place, Lewis Jackson National Student Writing Competition in Employment and Labor Law (2007-2008)
Research: Assistant to Professor Catherine L. Fisk (Spring 2007) Assistant to Professor Erwin Chemerinsky (Fall 2006)
Activities: Duke Organizing (Campus workers’ rights project) Duke Law Pro Bono Board Poverty Law Clinic Durham CAN (Community organizing initiative) Duke Law Idol Vocal Competitor (2007 Co-Champion)
Duke University School of Divinity, M.T.S. May 2008
Honors: Summa Cum Laude
Haverford College, B.A. May 2000
Honors: Phi Beta Kappa Magna Cum Laude, Dept. of Psychology High Honors
Teaching: Teaching Assistant, Introduction to Psychology (1998-2000)
1
Activities: ‘Ford S-Chords All-Male A Cappella Group Tour Guide Customsperson (Resident first year student orienteer)
Study Abroad: Lady Margaret Hall, Oxford University (1998-1999)
CLERKSHIP
Hon. Sonia Sotomayor, U.S. Court of Appeals for the Second Circuit 2008-2009
BOOKS
LABOR LAW IN THE CONTEMPORARY WORKPLACE, West Academic Publishing (Dau-Schmidt, Corrada, Cameron, Rosado Marzán, Gely, & Oswalt, 4th Ed., forthcoming 202_).
PUBLIC SECTOR EMPLOYMENT: CASES AND MATERIALS, West Academic Publishing (Malin, Hodges, Slater, Hirsch, Lofaso, & Oswalt, 4th Ed., forthcoming 2022).
JOURNAL ARTICLES
Liminal Labor Law, 110 CALIFORNIA LAW REVIEW _ (forthcoming, 2022).
The Content of Coercion, 52 U.C. DAVIS LAW REVIEW 1585 (2019).
• Reviewed, JOTWELL, “Coercion in Labor Law: A Fresh Perspective” (Jul. 22, 2019). • Cited, Brief of the Acting General Counsel, National Labor Relations Board, Sunbelt Rentals, Inc., Case 18-CA-236643 (2021).
Organizing the State: The ‘New Labor Law” as Seen From the Bottom-Up, 39 BERKELEY JOURNAL OF EMPLOYMENT AND LABOR LAW 415 (2018) (with César Rosado Marzán).
The Right to Improvise in Low Wage Work, 38 CARDOZO LAW REVIEW 959 (2017).
• Reviewed, JOTWELL, “Union Improvisation: The Parent of Social Justice” (Jul. 5, 2018). • Cited, ⁋ 9390 The Standard for Determining Joint-Employer Status, NLRB Proposed Rule 29 C.F.R. Chapter 1 (Sept. 14, 2018).
Improvisational Unionism, 104 CALIFORNIA LAW REVIEW 597 (2016).
• Reviewed, JOTWELL, “Improvising the Future of Worker Mobilization” (Nov. 1, 2016).
Note, The Grand Bargain: Revitalizing Labor Through NLRA Reform and Radical Workplace Relations, 57 DUKE L. J. 691 (2007).
• First Place, 2006-2007 Louis Jackson National Student Writing Competition in Employment and Labor Law
Invited Symposium Articles
Alt-Labor Law: Symposium Introduction, 95 CHICAGO-KENT L. REV. 3 (2020) (with César Rosado Marzán).
Short Strikes, 95 CHICAGO-KENT L. REV. 67 (2020).
Alt-Bargaining, 82 LAW & CONTEMPORARY PROBLEMS 89 (2019). 2
Law and the Questions and Answers of Workplace Mobilization, 40 N.Y.U. REVIEW OF LAW AND SOCIAL CHANGE HARBINGER 129 (2016).
Automatic Elections, 4 U.C. IRVINE L. REV. 801 (2014).
• Discussed, Lydia DePillis, Laws that decimate unions may be inevitable. Here’s how labor can survive. WASH. POST (Mar. 3, 2015).
Steeple Solidarity: Mainline Church Renewal and the Union Corporate Campaign, 50 JOURNAL OF CATHOLIC LEGAL STUDIES 227 (2011).
Preemption and Civic Democracy in the Battle Over Wal-Mart, 92 MINNESOTA LAW REVIEW 1502 (2008) (with Catherine L. Fisk).
• Reprinted, 11 WorkingUSA: The Journal of Labor and Society 45 (March 2008)). • Cited, Golden Gate Rest. Ass’n v. San Francisco, 546 F.3d 639, 659 (9th Cir. 2008).
Book Chapter
The Power of Place in THE CAMBRIDGE HANDBOOK OF U.S. LABOR LAW FOR THE TWENTY-FIRST CENTURY (Bales & Garden, eds., Cambridge University Press 2020).
Other Writings
The Doomed Constitutional Case Against Exclusive Representation, ACS Issue Brief (June 2021).
Protesting for Social Justice, At Work, ROCKFORD REGISTER-STAR, Sept. 19, 2020.
Does Scabby the Rat cause fear—or is the NLRB inflating the balloon’s power? CHICAGO TRIBUNE, Aug. 16, 2019.
Searching for the “New Labor Law,” THE REGULATORY REVIEW, May 8, 2018 (with César Rosado Marzán).
When Restructuring Weakens Enforcement, ONLABOR, Apr. 10, 2018 (with César Rosado Marzán).
A Bad McSettlement, ONLABOR, Jan. 29, 2018.
On Paternity Leave, HUFFPOST, Jun. 14, 2017.
Trump’s Big Mistake at the Department of Labor, ROCKFORD REGISTER-STAR, Jan. 14, 2017.
Improvisation at Work: A Labor Day Reflection, HUFFPOST, Sept. 4, 2016.
Bust Out without Breaking Up: A Response to Lance Compa, 25 NEW LABOR FORUM 21 (Winter 2016).
When Courts Stop Strikes Before They Start: Why Workers and the Public Lose, HUFFPOST, Feb. 6, 2014.
Labor’s New Strike First Strategy, CHICAGO SUN TIMES, Sept. 10, 2013.
Media Appearances
How to Pay a Nanny the Right way, FATHERLY (July 7, 2020) (discussing in-home care workers and employment classification).
3
COVID Suits Test ‘Public Nuisance’ Claim in Workplace Cases, LAW360 (June 10, 2020) (discussing Fight for $15’s public nuisance claims against McDonald’s Corporation).
Update: States with the Biggest Increases in Unemployment Due to COVID-19, WALLETHUB (May 22, 2020) (discussing the need for further unemployment aid).
Labor Law Expert Says Essential Workers Walkout Could Lead To Additional Workforce Reforms, WBBM NEWS RADIO CHICAGO (May 1, 2020) (discussing the May Day national strike by essential workers).
Essential Workers Strike, 23 WIFR NEWS AT 10 (MAY 1, 2020) (discussing the May Day national strike by essential workers).
States with the Biggest Increases in Unemployment Due to COVID-19, WALLETHUB (Apr. 23, 2020) (discussing misclassification in the gig economy and its impact on unemployment insurance).
What COVID-19 Has Changed on State Roads, NPR-WNIJ RADIO (Apr. 22, 2020) (discussing changing “gig” economy demographics amid social distancing and the pandemic).
Demand for Unemployment Benefits Strains State Capacity, NPR-WNIJ RADIO (Apr. 20, 2020) (discussing federal unemployment benefits for “gig” workers).
Workers’ Rights, 23 WIFR NEWS AT 10 (Apr. 19, 2020) (discussing workers’ rights during the COVID-19 pandemic).
Coronavirus Could Spark Chicago’s Next Labor Movement, CHICAGO MAGAZINE (Apr. 15, 2020) (discussing the role of “essential” workers in the pandemic).
Temporary raises. Masks. Sneeze guards. Workers are demanding more protections as COVID-19 spreads, a push that could continue even after the pandemic ends, CHI. TRIBUNE (Apr. 10, 2020) (discussing the role of “essential” workers in the pandemic).
Why so many hospital strikes lately? ‘I think nurses are just so frustrated,’ CHI. TRIBUNE (Oct. 10, 2019) (discussing the increased frequency of hospital strikes).
California’s gig economy bill won’t just impact Uber drivers. Here’s how the landmark decision is a major win for janitors, truck drivers, and other low-wage workers, BUS. INSIDER (Sept. 13, 2019) (discussing employee misclassification legislation).
‘This is an ongoing battle.’ Workers at the forefront of the Fight for $15 relish minimum wage victory, press on for union rights, CHI. TRIBUNE (Feb. 22, 2019) (discussing the labor movement’s use of strikes as an organizing tactic).
Digital-Age Workers Are Finding Their Voice on Social Media, LAW360 (Jan. 23, 2019) (discussing the use of social media in labor organizing).
It’s Time for T.S.A. Workers to Strike, N.Y. TIMES (Jan. 14, 2019) (discussing a strike by federal workers to end the government shut-down).
Trump May Soon Deal Yet Another Blow to Union Rights, THE NATION (Nov. 9, 2018) (discussing the joint- employer standard).
NLRB Won’t Rethink Anti-Picketing Ruling Against Janitors, LAW360 (Nov. 1, 2018) (discussing the legal status of picketing).
4
Trump’s Labor Board is Making it Even More Difficult to Unionize Fast-Food Workers, THE NATION (Feb. 9, 2018) (discussing the potential settlement of ULP charges against McDonald’s as a joint employer).
NLRB Joint Employer Shift No Silver Bullet For McDonald’s, LAW360 (Jan. 9, 2018) (discussing the NLRB’s shift in joint employment standards).
Legal Face-Off, WGN RADIO, (Sep. 23, 2016) (discussing improvisation in the “Fight for $15” movement).
Speak Your Mind: On the Clock, or On Your Own?, NIU News Video, (Jul. 17, 2015) (discussing the employment status of Uber drivers).
Could union use NLRB as lever to keep 777X in Washington? Experts differ, PUGET SOUND BUSINESS JOURNAL (Dec. 10, 2013) (discussing union retaliation).
Presentations
15th Annual Colloquium on Scholarship in Employment and Labor Law (paper presenter), University of Louisville Brandeis School of Law, School of Law, Louisville, KY (October 2020).
New Waves of Worker Empowerment: Labor and Technology in the 21st Century (paper presenter), William C. Wefel Center for Employment Law, St. Louis University School of Law, St. Louis, MO (September 2020).
The Law of Alt-Labor (co-convener and speaker), IIT Chicago-Kent College of Law, Chicago, IL (Nov. 2019).
ABA National Symposium on Technology in Labor and Employment Law (panelist), ABA Section of Labor & Employment Law, Chicago, IL (April 2019).
New Forms of Worker Solidarity: Barriers and Possibilities, (paper presenter with César Rosado-Marzán), Law and Society Annual Conference, Toronto, ON (June 2018).
NIU Wine Night (featured speaker), “Illinois Dram Shop Liability,” DeKalb, IL (January 2018).
Labor and Employment Law Society, Marquette University Law School (featured speaker), Milwaukee, WI (October 2017).
20th Annual Council of Councils of Illinois Universities Civil Service Employees Conference (featured speaker), “Workplace Relationships in an Age of Austerity,” DeKalb, IL (October 2017).
12th Annual Colloquium on Scholarship in Employment and Labor Law (paper presenter), Texas A&M University School of Law, Fort Worth, TX (September 2017).
Junior Faculty Summer Workshop Series (paper presenter), Ohio State University Moritz Collage of Law, Columbus, OH (August 2017).
New and Existing Voices in Labor and Employment Law (paper presenter), Southeastern Association of Law Schools 2017 Conference, Boca Raton, FL (August 2017).
Haverford Alumni Lawyer’s Network (keynote address), “One Haverford Lawyer’s Journey” (May 2016).
2016 YEO Network National Convening (panelist), “Courts Matter: What’s at Stake for Progressives in the Supreme Court Battles of 2016 and Beyond” (May 2016).
5
Chicago-Kent School of Law Early Stage Workshop (invited respondent), “Arise Chicago: Building a Moral Economy for Economic Equality in the 21st Century,” Professor César Rosado Marzán (May 2016).
Labor Standards Enforcement (and the Lack Thereof) (paper presenter), Law and Society Annual Conference, New Orleans, LA (June 2016).
New and Emerging Voices Scholarship Workshop (paper presenter), AALS Annual Meeting, New York, NY (January 2016).
10th Annual Colloquium on Scholarship in Employment and Labor Law (paper presenter), University of Indiana- Bloomington, Bloomington, IN (September 2015).
Lifelong Learning Institute (featured speaker), DeKalb, IL (November 2014).
9th Annual Employment and Labor Law Scholars’ Forum (paper presenter), Seton Hall University School of Law, Newark, NJ (October 2014).
9th Annual Colloquium on Scholarship in Employment and Labor Law, (paper presenter), University of Colorado Law School, Boulder, CO (September 2014).
Re-Imagining Labor Law: Building Worker Collectivities After the NLRA (paper presenter and moderator), U.C. Irvine School of Law, Irvine, CA (February 2013).
7th Annual Colloquium on Scholarship in Employment and Labor Law (paper presenter), Northwestern University School of Law and Loyola University Chicago School of Law, Chicago, IL (September 2012).
Creating New Organizing Opportunities: Board Law and Beyond (moderated plenary panel), SEIU Lawyers Conference, Washington, DC (November 2011).
The Theology of Work and the Dignity of Workers (paper presenter), St. John’s University School of Law (March 2011).
Regulation of Unpaid Internships: The Uncertain Future (panelist), George Washington University (October 2010).
Employment Rights—Employment Realities: Symposium on Low Wage Work (paper co-presenter), University of Minnesota Law School (November 2007).
Guest Lectures
Northern Illinois University College of Law, Poverty Law, DeKalb, IL, Apr. 6, 2020 (“The Role of Essential Workers during COVID-19”).
Northern Illinois University College of Law, Poverty Law, DeKalb, IL, Apr. 8, 2019 (“The Legal and Practical Implications of the Minimum Wage”).
IIT Chicago-Kent College of Law, International Labor Law, Chicago, IL, Jan. 25, 2018 (“How to Write a Great Law Review Article”)
Northern Illinois University College of Law, Students from the University of Bordeaux, DeKalb, IL, August 2015-2019 (“The American System of Employment Benefits and Protections—or Lack Thereof”).
Northern Illinois University College of Law, Poverty Law, DeKalb, IL, Apr. 4, 2016 (“The Legal and Practical Implications of the Minimum Wage”).
Northern Illinois University, Technology Department, Legal Aspects of Safety (Tech 435), DeKalb, IL, Mar. 24, 2016 (“Labor Relations and Workplace Safety”). 6
University of Michigan, Organizational Studies Department, Ann Arbor, MI, Oct. 3, 2014 (“Trends in Low Wage Worker Organizing: Improvisational Unionism and Beyond”).
Professional Activities
2018-2019 Chair, AALS Section on Labor Relations and Employment Law
Symposium Co-Convener, The Law of Alt-Labor, IIT Chicago-Kent Law School (November 2019).
Peer Reviewer, California Law Review (2017), Stanford Law Review (2020).
Legal Experience
Service Employees International Union, Law Fellow, Washington, DC 2009-2013
Office of NLRB Chair Wilma B. Liebman, Law Clerk Washington, DC Summer 2007
Bredhoff & Kaiser P.L.L.C., Summer Associate, Washington, DC Summer 2006
AFL-CIO Law Student Union Summer, Law Clerk, Portland, OR Summer 2005
Other Work Experience
Office of Congressman Dennis J. Kucinich, Legislative Assistant, Washington, DC 2002-2004
Kaye Scholer LLP, Legal Assistant, New York, NY & Washington, DC 2002-2004
Bar Admissions
New York (2008) District of Columbia (2010) (inactive).
7