Did Trump Just Suspend Garmon Preemption?

There are two strands of federal labor preemption, Garmon and Machinists. As the Supreme Court explained in Boston Harbor: When we say that the NLRA pre-empts state law, we mean that the NLRA prevents a State from regulating within a protected zone, whether it be a zone protected and reserved for market freedom, see Machinists, […]

Will Any Management Lawyers Stand Up to Trump?

Donald Trump’s attempt to fire Gwynne Wilcox, the only Black woman who has ever served as a Member of the National Labor Relations Board, is blatantly illegal.  Union leaders quickly condemned this action.  Wilcox, a former union lawyer, was appointed by President Biden, and I’m sure management lawyers didn’t always like her decisions.  But, the […]

A Roadmap for More Effective NLRB Remedies

The Ninth Circuit recently issued an opinion that addressed the National Labor Relations Board’s decision in Thryv Inc., regarding the scope of remedies available for victims of unfair labor practices.  In Thryv, the Board held that in addition to backpay, workers should be able to recover for “direct or foreseeable pecuniary harms” that flow from […]

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From The Editor

From The Editor

Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations.

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It Might Not Matter If the NLRA Is “Unconstitutional”

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