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Home Faculty Profiles Catherine Fisk
Catherine Fisk
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  • Catherine Fisk

  • Barbara Nachtrieb Armstrong Professor of Law

  • cfisk@law.berkeley.edu
  • Tel: 510-642-2098
  • 490 Simon Hall, Berkeley, CA 94720 MC:7200
  • Faculty Support Contact: Aman Dosanjh
  • Areas of Expertise: Civil Procedure and Litigation | Civil Rights and Civil Liberties | Employment and Labor Law | Law and Society | Legal Ethics | Legal History
  • Publications
  • CV

Catherine Fisk teaches Employment Law, Labor Law, Civil Procedure, and Understanding the U.S. Legal Profession.  She is a Faculty Director of the Berkeley Center for Law and Work and the Berkeley Center for Law & Technology.

Professor Fisk is the author of several books. Her first, Working Knowledge:  Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930 (University of North Carolina Press, 2009, 2014), won prizes from the American Society for Legal History and the American Historical Association.  In her next book, Writing for Hire: Unions, Hollywood, and Madison Avenue (Harvard University Press, 2016), Fisk explored the law and norms of credit and compensation for writing, contrasting the writer-protective rules negotiated by unionized writers in film and TV with far less protective norms developed in non-union advertising. Fisk is the co-author of four books for use in law school and legal studies classes: Labor Law in the Contemporary Workplace (3d ed. 2019), The Legal Profession: Ethics in Contemporary Practice (2d ed. 2019), What Lawyers Do: Understanding the Many American Legal Practices (2020), and Labor Law Stories (2005). Her next book will examine the professional identities of lawyers who represented activist, multi-racial, and politically progressive unions in the mid-twentieth century.

Fisk has published over 100 articles and essays in leading publications including, most recently, California Law Review, Berkeley Journal of Employment and Labor Law, Harvard Law Review Forum, Yale Law Journal Forum, Law and History Review, Ohio State Law Journal, and Indiana Law Journal. Her recent articles address the intersection of antitrust, labor, and copyright law in structuring labor relations in American theatre, the crafting of New Deal era labor and social welfare legislation, social movement lawyering, free speech rights of worker organizations and in the workplace, new forms of labor organizing, and police unions.

Professor Fisk’s current public service and pro bono legal work includes filing amicus briefs on various labor and employment law issues, service on the Advisory Board of the Berkeley Labor Center, the board of directors of the American Society for Legal History and the boards of directors of two Bay Area workers’ rights nonprofits, and occasional service as an arbitrator under collectively bargained labor contracts. Before joining the Berkeley faculty in 2017, she was on the law faculties at UC Irvine, Duke University, the University of Southern California, and Loyola Law School of Los Angeles. Prior to entering academia, Fisk practiced civil appellate litigation and union-side labor law in Washington, D.C., and clerked on the Ninth Circuit. Fisk received an AB summa cum laude from Princeton University and a JD from the University of California, Berkeley, where she was elected to Order of the Coif. 

Education

AB, Princeton University (1983)
JD, University of California, Berkeley (1986)
LLM, University of Wisconsin (1995)


Catherine Fisk is teaching the following courses in Spring 2023:

• 211.11 sec. 001 - Understanding the U.S. Legal Profession
• 227 sec. 001 - Labor Law
• 227.32 sec. 001 - Current Issues in Work Law


Courses During Other Semesters

SemesterCourse NumCourse Titlelock Teaching Evaluations
Fall 2022 284.1 sec. 001Employment DiscriminationView Teaching Evaluation
Spring 2022 206C sec. 001Note Publishing WorkshopView Teaching Evaluation
 211.11 sec. 001Understanding the U.S. Legal ProfessionView Teaching Evaluation
 227.21 sec. 001Employment LawView Teaching Evaluation
bloomberg law icon

Worker Noncompete Ban Proposal Promises FTC Authority Fight

The Supreme Court’s focus on the major questions doctrine could make the FTC’s clear power to issue the rule irrelevant, said Catherine Fisk, a workplace law professor at the University of California-Berkeley.

LA TImes icon

Why music supervisors are clashing with Netflix

“There are lots of cases involving workers who work somewhat autonomously who have nevertheless successfully unionized,” said Catherine Fisk, professor of labor law at UC Berkeley School of Law.

bloomberg law icon

Lawyer Suing Twitter Over Layoffs Says Musk Trying to Comply (1)

University of California at Berkeley law professor Catherine Fisk discusses how the WARN Act may apply to the layoffs at Twitter.

Bloomberg icon

California Moves To Give Fast Food Workers More Power, Heeding ‘Fight For $15’

“This legislation will show that you can actually do this without causing the economy to collapse,” said Catherine Fisk, faculty director of the Berkeley Center for Law and Work and the Berkeley Center for Law & Technology. “And so I think there’s nowhere to go but up from here.”

logo for bnn bloomberg

Flight Attendant Case Tests If State Labor Laws Trump FAA Rules

One reason the case is so important to airlines is that they are likely to get a more pro-business outcome in the Supreme Court than with California’s lawmakers, Professor Catherine Fisk says. “The usual way of dealing with a policy disagreement is to get the legislature to enact a law,” she says. “What’s significant here is apparently the airlines couldn’t persuade the California legislature.”

Drivers Accuse Uber and Lyft of Price-Fixing, Antitrust Violations in Attempt at Class-Action Lawsuit

Professor Catherine Fisk says “illustrates how the companies get all the benefits of wage and price control that they would have if drivers were employees while none of the responsibility.”

logo for bnn bloomberg

Starbucks Threatens Trans Benefits in Anti-Union Push, Staff Say

Companies often push or ignore the boundaries about what they can tell staff, since the National Labor Relations Board has no power to punish them, Professor Catherine Fisk says. “They’ll spend a few million dollars litigating it, but that’s less than the millions more they presumably think they’ll have to pay if they were unionized.”

CNN icon

Escalation of the Supreme Court’s leak probe puts clerks in a ‘no-win’ situation

Professor Catherine Fisk discusses the Supreme Court’s efforts to force clerks to hand over their phone records and suggests the clerks respond as a group and decline to act until they consult with counsel

‘Trust isn’t built by just one policy.’ Abortion care rights in the workplace are complicated

Professor Catherine Fisk, Faculty Director of the Center for Law & Work, addresses employee privacy concerns as a growing number of tech companies extend abortion-related travel benefits

Professor Chris Hoofnagle with his new book

Turn the Page: A Prolific Year of Powerful and Pathbreaking Books from Berkeley Law’s Faculty

A recent celebration of 39 works that probe compelling issues across and beyond the legal landscape highlights the faculty’s far-reaching expertise. 

The Washington Post logo

Who is responsible when a gig worker, such as an Uber driver, is killed on the job?

Professor Catherine Fisk says more needs to be done to protect gig workers and their families

Washington Post logo

Ask Help Desk: What happens if you refuse to go back to the office?

Professor Catherine Fisk explores the leverage workers and employers have when it comes to a return-to-the-office policy

Wired logo

When Gig Workers Are Murdered, Their Families Foot the Bill

Professor Catherine Fisk explains the lack of coverage gig workers and their families have when people are killed on the job and the cost-saving measures companies like Uber take to exclude their drivers from workers’ compensation

Forbes logo

Staten Island Amazon workers chart their own path in union drive

Professor Catherine Fisk, Faculty Director of the Berkeley Center for Law and Work and the Berkeley Center for Law & Technology, compares labor organizers at Amazon’s Staten Island facility to General Motors organizers in 1944

Washington Post logo

Inside ‘contract hell’: Esports players say predatory contracts run ‘rampant’

Professor Catherine Fisk says she sees esports as currently living through what Major League Baseball experienced 80 years ago with “exploitative contracts”

Bloomberg icon

Tesla Warns of Possible California Suit Over Race Harassment

Professor Catherine Fisk discusses a potential racial harassment suit against Tesla

LA TImes icon

Column: California has an answer for worker abuse in the fast-food industry

A recent brief authored by Professor Catherine Fisk and 3L Amy Reavis observes that powerful global corporations like McDonald’s control the prices, quality, hours, and other operations, and the franchisee has no way to increase profits other than cutting labor costs

Cal Matters icon

A solution to health, safety and labor problems in fast food

Professor Catherine Fisk discusses how in an effort to support and protect essential workers and small businesses, California has introduced the FAST Recovery Act which ensures shared responsibility between franchisors and franchisees for legal compliance 

Washington Post logo

Manchin’s incorrect claim of a 232-year filibuster ‘tradition’

Senator Manchin’s claims about the filibuster are debunked by a 1997 Stanford Law Review article by Professor Catherine Fisk and Dean Erwin Chemerinsky examining the history of the filibuster 

SF Gate icon

An Afghan refugee was shot and killed while driving for Uber in SF. His family is demanding better.

Professor Catherine Fisk comments on the liability of Uber in the shooting death of a driver in San Francisco under Prop 22, which has been deemed unconstitutional, but remains in effect

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