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. He is also faculty director of the Center for Labor and a Just Economy. Professor Sachs teaches courses in labor law, employment law, and law and social change, and his writing focuses on union organizing and unions in American politics. Prior to joining the Harvard faculty in 2008, Professor Sachs was the Joseph Goldstein Fellow at Yale Law School. From 2002-2006, he served as Assistant General Counsel of the Service Employees International Union (SEIU) in Washington, D.C. Professor Sachs graduated from Yale Law School in 1998, and served as a judicial law clerk to the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. His writing has appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the New York Times and elsewhere. Professor Sachs received the Yale Law School teaching award in 2007 and in 2013 received the Sacks-Freund Award for Teaching Excellence at Harvard Law School. He can be reached at [email protected].
With worker organizing and collective action on the rise—and garnering greater and greater popular support—employers are deploying a new(ish) response: attacking the constitutionality of the National Labor Relations Board and thus the nation’s system of labor law. These attacks come from a range of prominent employers (to date: SpaceX, Trader Joe’s, and Amazon) and are multi-pronged (to date: that Board members and ALJs are impermissibly shielded from Presidential removal, that Board adjudications violate the VII Amendment right to jury trial, that the Board is a separation-of-powers violation, and that it presents a major-questions-doctrine or non-delegation problem). Although the claims may have seemed outlandish a handful of years ago, the current Supreme Court’s hostility to the administrative state requires that we take them seriously. In that spirit, we are launching a new OnLabor series, Tracking Attacks on the NLRB, that John Fry will author. All of our coverage of the subject will also be available through the Featured Coverage section of the blog.
Daily News & Commentary
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May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]
May 2
Immigrant detainees win class certification; Missouri sick leave law in effect; OSHA unexpectedly continues Biden-Era Worker Heat Rule
May 1
SEIU 721 concludes a 48-hour unfair labor practice strike; NLRB Administrative Law Judge holds that Starbucks committed a series of unfair labor practices at a store in Philadelphia; AFSCME and UPTE members at the University of California are striking.
April 30
In today’s news and commentary, SEIU seeks union rights for rideshare drivers in California, New Jersey proposes applying the ABC Test, and Board officials push back on calls for layoffs. In California, Politico reports that an SEIU-backed bill that would allow rideshare drivers to join unions has passed out of committee, “clear[ing] its first hurdle.” […]
April 29
In today’s news and commentary, CFPB mass layoffs paused again, Mine Safety agency rejects union intervention, and postdoctoral researchers petition for union election. A temporary pause on mass firings at the Consumer Financial Protection Bureau (CFPB) has been restored. After a trial court initially blocked the administration from mass firings, the appeals court modified that […]