Benjamin Sachs
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Benjamin Sachs

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Show BioHide BioBenjamin 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. 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 bsachs@law.harvard.edu.

176 posts

Benching Anthem Protesters is Illegal

Published October 12th, 2017 -

On Sunday, Jerry Jones, the owner of the Dallas Cowboys, said he would bench players who did not stand during the national anthem. This threat was publicized nationally and applauded by President Trump. (In the last few hours, the President told Fox News that ... More »

Janus and Gerrymandering

Published October 6th, 2017 -

Two cases before the Supreme Court this Term will determine the extent to which political parties can entrench themselves in office.  The most obvious of these cases is Gill v. Whitford, which involves the constitutional permissibility of partisan gerrymanderi... More »

Janus, Agency Fees and the First Amendment

Published October 5th, 2017 -

In light of the Court’s grant of cert. in Janus v. AFSCME, I’m posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim ... More »

Janus and the Private Sector

Published September 29th, 2017 -

Maddy’s excellent wrap-up of yesterday’s Janus news includes a clip from Slate’s piece “Solidarity’s End.”  There, Mark Joseph Stern provides a very useful synopsis of agency fees law, but he also suggests that a Janus decis... More »

Supreme Court Grants cert in Janus

Published September 28th, 2017 -

The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee agreements in the public sector.  We will provide extensive coverage of the case over the coming months. More »

The (Other) Problem in Murphy Oil

Published September 28th, 2017 -

Sharon and I have a piece up on Quartz today that highlights an argument in the Government’s Murphy Oil brief. To us, it looks like the Trump Administration is laying the groundwork to curtail protection for concerted activity outside the union organizin... More »

NFL Anthem Protests: Protected Concerted Activity

Published September 25th, 2017 -

I’ve been getting a number of press calls asking whether the NFL players who are sitting down during the national anthem might be disciplined by the League for doing so, or whether they enjoy legal protection against such employment action. I recommend, ... More »

London Bans Uber

Published September 22nd, 2017 -

In a major gig economy development, London’s transit authority announced today that it will revoke Uber’s operating license.  Among the reasons cited for the revocation are problems in the way Uber conducts background checks of its drivers. Employm... More »

Is it Time to End Labor Preemption?

Published September 11th, 2017 -

By Sharon Block and Benjamin Sachs Serious thinking about labor law reform seems to be coalescing around a few themes.  One of these is the possibility of allowing state and local intervention into the rules of union organizing and collective bargaining.  Purs... More »

Sharon Block Testifies on Gig Economy

Published September 6th, 2017 -

Sharon Block is testifying this morning before the House Committee on Education and the Workforce in a hearing on “The Sharing Economy: Creating Opportunities for Innovation and Flexibility.”  The hearing and a video of the testimony is available h... More »

The Un-Newness of Uber’s Arguments

Published July 12th, 2017 -

I thought readers would appreciate the opening paragraph of a new article on regulating ridesharing platforms: In 1933, Elizabeth Rhone called Try Me Cab Company’s advertised phone number to order a cab. The company dispatched a vehicle bearing its logo. Unfor... More »