In the weeks ahead, we’ll be sharing more about a project that Sharon and I are launching at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law.” With support from the Ford Foundation and joined by a wide ... More »
A huge loss for the country. And a huge loss for workers and the movements that support them. More »
As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the defin... More »
Cindy Estlund (NYU Law Professor and OnLabor contributor) has a terrific new piece in the Harvard Law Review. In Rethinking Autocracy at Work, Estlund reviews Elizabeth Anderson’s Tanner Lectures (published as Private Government) which “aim to brin... More »
I have a new essay in the Texas Law Review that aims to help explain how a legal regime like labor law can (if actually enforced) facilitate organizing and collective action. The essay – Law, Organizing, and Status Quo Vulnerability – draws on soc... More »
By Sharon Block and Benjamin Sachs In September, we shared our plan to hold a symposium at Harvard Law on the question of whether it is time to end labor preemption. The symposium brought together leading labor law scholars and practitioners to wrestle with t... More »
Some more analysis, via the Washington Post, on political expression at work and how Trump is changing the interaction between constitutional rights and the private-sector workplace. More »
Judging by the number of times it was viewed, this now-famous photograph of a lone cyclist flipping the bird to Donald Trump’s motorcade captured something a lot of people wish to express. But the woman in the photo has been fired for the gesture.... More »
By Sharon Block and Benjamin Sachs: Last week, billionaire Joe Ricketts abruptly shut down the local news websites Gothamist and DNAinfo. The closure came a week after the sites’ newsroom employees voted to join Writers Guild East, a union that is the collect... More »
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 »
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 »
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 »