Charlotte Garden
Co-Associate Dean for Research and Faculty Development and Associate Professor of Law
Curriculum VitaeBiography
Charlotte Garden is an expert in labor & employment law. She is an Associate Professor (with tenure) at the Seattle University School of Law, where she teaches Labor Law, Employment Law, Constitutional Law, Appellate Litigation, and Legislation & Regulation. She occasionally teaches in the Civil Rights Amicus Clinic and is the Litigation Director at the School's Korematsu Center for Law & Equality. Since 2017, she has been the Law School’s Co-Associate Dean for Research & Faculty Development.
Professor Garden’s scholarship focuses on the intersection of work/labor/technology and the Constitution. Her articles have appeared in the Emory Law Journal, Boston University Law Review, George Washington Law Review, Fordham Law Review, William & Mary Law Review, the University of Chicago Legal Forum, and the Harvard Civil Rights-Civil Liberties Law Review. She is a co-author of two leading labor & employment law casebooks: Modern Labor Law in the Private and Public Sectors, with Seth Harris, Anne Marie Lofaso, Joe Slater, and Dick Griffin, Jr.; and Employment Law Cases and Materials, with Mark Rothstein, Lance Liebman, Kimberly Yuracko, and Paul Secunda. In 2019, Cambridge University Press will publish her edited volume, The Cambridge Handbook of U.S. Labor Law (co-edited with Rick Bales).
In addition to her teaching and scholarship, Professor Garden’s external service includes serving as Chair-Elect of the Executive Committee of the AALS Section on Labor Relations and Employment Law, and co-chairing a working group of the Clean Slate Project at Harvard Law School’s Labor & Worklife Program. She is a co-editor of the Work Law section for the online legal journal JOTWELL, a Senior Contributor to OnLabor, and a Contributor to Take Care. She regularly authors amicus briefs in cases affecting unions and workers, including in Janus v. AFSCME, Chamber of Commerce v. City of Seattle, Vergara v. California, Friedrichs v. California Teachers Association, M&G Polymers USA, LLC v. Tackett, and Harris v. Quinn.
Professor Garden regularly writes opinion and analysis pieces for practitioners and non-academic audiences. She regularly publishes case previews and argument/opinion analysis for SCOTUSblog, and her opinion pieces have appeared in outlets such as The Atlantic, NBCThink, and the blog of the American Constitution Society. Her legal analysis is regularly featured in the mainstream media, on platforms such as the New York Times, NPR, Bloomberg, the Washington Post, The Nation, and Politico.
Prior to joining Seattle University, Professor Garden was a teaching fellow in the Appellate Litigation Clinic at Georgetown University Law Center, where she also received her LL.M. Professor Garden then clerked for Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit. She is graduate of NYU School of Law and McGill University.
Publications
Avoidance Creep (in progress)
Speech Inequality – IND. L.J. – (in progress)
The Seattle Solution: Collective Bargaining by For-Hire Drivers & Prospects for Pro-Labor Federalism, HARV. L. & POL'Y REV. (2018)
Disrupting Work Law: Disrupting Work Law: Arbitration in the Gig Economy , 2017 CHI. L. FORUM (2018).
The Deregulatory First Amendment at Work, 51 HARV. C.R.-C.L. L. REV. 323 (2016).
Religious Employers & Labor Law: Bargaining in Good Faith?, 95 B.U. L. REV. 109 (2016)
Toward Politically Stable NLRB Lawmaking: Rulemaking vs. Adjudication, 64 EMORY L.J. 1467 (2015).
Meta Rights, 83 FORDHAM L. REV. 855 (2014)
Selected for peer review in JOTWELL, available at
http://worklaw.jotwell.com/putting-union-security-clause-first-amendment-law-in-a-broader-context-charlotte-gardens-meta-rights/
Citizens United & the First Amendment of Labor Law,43 STETSON L. REV. 571 (2014).
Unions & Campaign Finance Litigation, 14 NEVADA L.J. 364 (2014).
"So Closely Intertwined": Labor Interests and Racial Solidarity, 81 GEO. WASH. L. REV. 1135 (2013) (with Nancy Leong).
Union Made: Labor's Litigation for Social Change, 88 TULANE L. REV. 193 (2013).
Teaching for America: Unions and Academic Freedom, 43 U. TOL. L. REV. 563 (2012).
Citizens, United and Citizens United: The Future of Labor Speech Rights?, 53 WM. & MARY L. REV. 1 (2011). Selected for peer review in JOTWELL, available at
http://worklaw.jotwell.com/2012/04/.
Labor Values are First Amendment Values: Why Union Comprehensive Campaigns are Protected Speech,
79 FORDHAM L. REV. 2617 (2011).
Cited in Cox et al., LABOR LAW, 572 (15th ed. 2011).
Recent Activity
In the News
Uber, Lyft Sued by California in Major Gig-Economy CrackdownMay 05, 2020 | Bloomberg Tax
Professor Charlotte Garden says the legal action might finally determine drivers' employment status.
Shelter From the StormMay 04, 2020 | On Labor
Professor Charlotte Garden asks what policies would help people find economic shelter at work.
Uber Budges, a Bit, on Virus Sick Pay for California DriversApril 30, 2020 | Bloomberg
Drivers might get sick pay, but employment status isn't settled, says Professor Charlotte Garden.
Now Is the Best and Worst Time for Workers to Go on StrikeApril 07, 2020 | Bloomberg Businessweek
Professor Charlotte Garden says city and state laws can protect workers who speak out for safety.
Opinion analysis: Federal employees need not show “but-for causation” to establish age discrimination liabilityApril 07, 2020 | SCOTUSblog
Professor Charlotte Gardens looks at the Supreme Court's ruling in Babb v. Wilkie.
Pandemic-Stoked Instacart Strike Exposes Risks for Gig WorkersMarch 31, 2020 | Bloomberg Law
Striking Instacart workers likely won't be fired, says Professor Charlotte Garden.
Union-Busting in the Name of GodMarch 31, 2020 | The Nation
Professor Charlotte Garden says religious values may be secondary to financial motives.
Seattle Uber, Lyft drivers say their earnings are plummeting amid the coronavirus outbreak, and there's little help in sightMarch 13, 2020 | The Seattle Times
The risk of a company disappearing is borne by the workers in a gig economy, says Professor Charlotte Garden.
Judge's Instacart Ruling Draws First Blood in Contractor BattleFebruary 26, 2020 | Bloomberg
Professor Charlotte Garden says other companies will play for time before reacting to the ruling.
What’s Next For Labor Law Reform?February 24, 2020 | The Century Foundation
Professor Charlotte Garden writes that the Clean Slate for Worker Power is an ambitious plan for systemic labor law reform.
Kickstarter Union Vote Could Spark More Tech OrganizingFebruary 18, 2020 | Law360
Professor Charlotte Garden says more union drives could be on the way.
DoorDash's multimillion-dollar arbitration mistakeFebruary 16, 2020 | Washington Post
Professor Charlotte Garden says clever workers have turned an arbitration policy into a nightmare for their employer.
Seattle-Area Bikini Baristas Take Their Fight All the Way to the Supreme CourtFebruary 11, 2020 | Eater Seattle
Professor Charlotte Garden says there's a very small chance SCOTUS will hear the case.
Uber Urges California Court to End Law That Gives Gig Workers BenefitsFebruary 07, 2020 | Bloomberg
Professor Charlotte Garden calls the legal maneuver "an extreme long shot."
Uber Falters in First Legal Attack on California Gig Worker LawFebruary 07, 2020 | Bloomberg
Professor Charlotte Garden said the companies were likely hoping for a regulation-averse judge.
Duquesne Exempt From NLRA, Beats Adjunct Faculty Union PushJanuary 28, 2020 | Bloomberg
Professor Charlotte Garden is quoted in this story about whether national labor law applies to religious schools.
Argument analysis: May a federal employer say "OK, boomer" to a job applicant?January 16, 2020 | SCOTUSblog
Professor Charlotte Garden analyzes oral argument in Babb v. Wilkie.
Argument preview: What counts as discrimination "based on" age?January 08, 2020 | SCOTUSblog
Professor Charlotte Garden analyzes Babb v. Wilkie, a case pending at the U.S. Supreme Court.
Amazon employee group says company threatened to fire climate activistsJanuary 02, 2020 | KNKX
Professor Charlotte Garden says speech protections are different for private-sector workers.
Uber, Postmates Sue California to Block Gig-Worker LawDecember 30, 2019 | Bloomberg
Professor Charlotte Garden says the lawsuit is likely dead on arrival.
Labor & Employment In The Courts: A Decade In ReviewDecember 20, 2019 | Law 360
Professor Charlotte Garden comments on major labor law cases from the last 10 years.
Uber, Lyft Drivers Could Form Unions Under New York ProposalDecember 02, 2019 | Bloomberg
Professor Charlotte Garden says a court ruling left open the possibility of legislation at the state level.
Uber Drivers Who Make Airport Runs Get a Boost in Pay FightNovember 26, 2019 | Bloomberg
Regulators are increasingly skeptical that ride-share companies can police themselves, says Professor Charlotte Garden.
Uber Accused of Cheating the Public in Driver's Suit Over PayNovember 21, 2019 | Bloomberg
Uber's legal conflict calls into question public policy about workers in general, says Professor Charlotte Garden.
If you are a unionized journalist, this labor ruling should worry youNovember 12, 2019 | Vox
Professor Charlotte Garden explains how a labor law interpretation could apply to political reporters.
Courts Dent Gig Companies' Shield Against 'Existential' ThreatOctober 23, 2019 | Bloomberg Law
Court rulings create new opportunities for app-based drivers to appeal their status, says Professor Charlotte Garden.
Uber: The ride-hailing app that says it has 'zero' driversOctober 14, 2019 | The Washington Post
Professor Charlotte Garden says Uber often uses "colorful language" to describe its business.
A New Assault on Organized LaborSeptember 02, 2019 | Slate
Professor Charlotte Garden's scholarship on union membership as a free speech issue is cited in this article.
Obama-Backed Netflix Documentary Causes Headaches for Fuyao GlassAugust 30, 2019 | Bloomberg
Professor Charlotte Garden says statements in the film are "hallmark violations" of labor law.
The Boss Can Tell You to Show Up for a Trump RallyAugust 28, 2019 | The Atlantic
Professor Charlotte Garden explains how employers can influence workers' political choices.
Connecticut's Rest-Stop McDonald's Are New 'Fight for $15' TargetAugust 26, 2019 | Bloomberg
Professor Charlotte Garden says states have more leeway when they act as landlords for fast-food franchises.
Lawmakers Debate Sweeping Plan to Amend Federal Labor LawJuly 30, 2019 | SHRM
Federal law should protect workers against "workplace fissuring," says Professor Charlotte Garden in testimony before Congress.
'Crowdworking' provides the humans who train artificial intelligenceJuly 26, 2019 | The Seattle Times
Workers are left vulnerable when companies use "crowdworking" for tasks that would otherwise be done by employees, says Professor Charlotte Garden.
Amazon Workers Plan Prime Day Strike at Minnesota WarehouseJuly 15, 2019 | Bloomberg
Professor Charlotte Garden says punishing workers who strike is a violation of federal labor law.
Opinion analysis: Administrative exhaustion is not jurisdictional for employment-discrimination plaintiffsJune 04, 2019 | SCOTUSblog
Professor Charlotte Garden recaps an employment discrimination ruling from the U.S. Supreme Court.