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NFL Anthem Protests Highlight Another Flaw in Labor Law

Published October 20th, 2017 -

While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker choice.  Assume that the players were not covered by a collective bargaining agreement that simultaneously limits management’s rights and bar... More »

Daily News & Commentary – October 19, 2017

Published October 19th, 2017 -

On Tuesday, federal Judge Watson of Hawaii issued a nationwide order blocking the implementation of the third iteration of Trump’s travel ban from taking effect for Iran, Libya, Syria, Yemen, Somalia, and Chad.  Judge Watson stated that the ban suffers “precisely the same maladies as its predecessor” and “plainly discriminates based on nationality.”  Yesterday, federa... More »

Kaepernick’s Grievance and Fancy Retaliation Theories

Published October 18th, 2017 -

It seems like ages ago, but before the President starting telling NFL owners whom to fire, the big anthem story had been the failure of any NFL team to hire Colin Kaepernick out of free agency. Now that topic is back with Kaepernick filing a grievance against the NFL owners for colluding to keep him off the field. The grievance is based on the collective bargaining agreement between the players un... More »

Daily News & Commentary—October 18, 2017

Published October 18th, 2017 -

In an op-ed in the New York Times, Prof. Sachs and Prof. Noah Zatz argue that the law is on the NFL players’ side. Professors Sachs and Zatz explain that the First Amendment, Title VII of the Civil Rights Act of 1964, and the National Labor Relations Act all protect the right of players to protest by kneeling during the signing of the national anthem before games. Professors Sachs and Zatz w... More »

Backgrounder: Policy Responses to Technological Unemployment

Published October 18th, 2017 -

More and more economists are forecasting that automation will displace massive numbers of workers from their jobs.  In response, there is now extensive literature and public debate as to how the United States ought to react to automation and manage its effects, if it should at all.  This post surveys the various ideas governments, unions, and individuals have proposed to address the labor displace... More »

Daily News & Commentary—October 17, 2017

Published October 17th, 2017 -

In an interesting take, Austin Frakt at the New York Times, discusses how a healthy economy can shorten life spans—at least in the short term.  According to Frakt, this counterintuitive finding (counterintuitive because economic growth promotes higher living standards) is attributable in large part to the increase in air pollution caused by increased production in the industrial economy.  In... More »

Kap, Collusion, and Labor Market Competition

Published October 16th, 2017 -

There are only a few dozen people on the planet who can play QB in the NFL. Colin Kaepernick is one of them. Yet, even though he’s expressed an eagerness to return to the playing field, Kaepernick has now been passed over for QB positions on several clubs. Many NFL stars--including Tom Brady, Richard Sherman, and Brandon Weedon (who was recently hired over Kaepernick for the Ravens’ backup role)--... More »

Today’s News & Commentary — October 16, 2017

Published October 16th, 2017 -

Today, the Department of Labor will announce 23 members of the president’s apprenticeship task force.  The Wall Street Journal reports that the group will consist of corporate executives, labor unions, and governors and that the task force will be charged with developing a plan to expand the use of apprenticeships in the United States.  “Expanding apprenticeships will help Americans learn the skil... More »

Standing or Kneeling: Who Can File a Charge Under the NLRA

Published October 16th, 2017 -

In addition to many POTUS tweets, the controversy over NFL players’ national anthem protest has also generated a number of interesting labor law questions, about which Ben has written.  A new issue arose, however, in a curious exchange in the Bloomberg Daily Labor Report (subscription only) on Thursday about the charge filed with the National Labor Relations Board by United Labor Unions Local 100 ... More »

Weekend News & Commentary — October 14-15, 2017

Published October 15th, 2017 -

Over at The Hill, Patricia Smith and Sharon Block have an op-ed in which they argue that Secretary of Labor Alexander Acosta must appeal a federal judge’s decision to invalidate the Obama-era overtime rule. The Department of Labor overtime rule, which Block and Smith worked closely on, would have raised the “overtime threshold” to ensure that white collar workers making less than $47,476 per... More »

Benching Anthem Protesters is Illegal

Published October 12th, 2017

Janus and Gerrymandering

Published October 6th, 2017

Janus, Agency Fees and the First Amendment

Published October 5th, 2017

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