Sharon Block is a Professor of Practice and the Executive Director of the Center for Labor and a Just Economy at Harvard Law School.
Seema Nanda is the former U.S. Solicitor of Labor and a Fellow at the Center for Labor and a Just Economy at Harvard Law School.
Rajesh Nayak is a Fellow at the Center for Labor and a Just Economy at Harvard Law School and former Assistant Secretary for Policy at the US Department of Labor.
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].
This post launches a new series exploring how states and cities can expand worker power in the United States. The series is grounded in a set of working papers and policy briefs that offer creative approaches for state and local action in a time when the federal labor law framework is increasingly unreliable. Each post will introduce ideas for how governments can strengthen worker voice, improve conditions, and foster organizing, even as federal protections waver. This first installment focuses on sectoral models, one especially promising strategy for advancing worker power across entire industries.
This moment calls for fresh thinking about how workers can build power in the United States. The federal labor law framework that for decades structured collective bargaining and labor rights is under sustained attack on multiple fronts. The Supreme Court appears poised to overturn Humphrey’s Executor, a 1935 precedent that has long protected the independence of multimember regulatory agencies by limiting presidential removal power. In the recent oral arguments in Trump v. Slaughter, the Court’s conservative majority expressed skepticism about the century‑old decision and signaled it may empower presidents to fire independent agency officials at will, weakening the safeguards that have insulated bodies like the National Labor Relations Board from political interference. A ruling overturning Humphrey’s Executor could fundamentally reshape labor governance, diminish impartial enforcement of rights, unsettle the broader administrative state, and raise new constitutional questions for the NLRA itself. And that’s just one of the current attacks. Recent Supreme Court labor rulings illustrate a broader pattern: heads, corporations and the Trump Administration win; tails, unions and workers lose. This flip‑of‑the-coin pattern highlights how precarious federal protections can be for workers, particularly in a Court increasingly willing to favor corporate interests.
Alongside the Court’s restructuring of removal power, employers are pushing back against key features of the National Labor Relations Act itself. Corporations increasingly exploit complex business structures, subcontracting, misclassification of workers, and drawn‑out legal challenges to delay or frustrate union elections and collective action. Beyond the potential overruling of Humphrey’s Executor, corporations are mounting legal challenges to the NLRB’s authority, lobbying for narrower interpretations of labor protections, and using sophisticated union‑avoidance strategies to limit the Board’s ability to enforce workers’ rights effectively. In a major win for employers, the Fifth Circuit ruled that the NLRB’s leadership and ALJ removal protections are unconstitutional, halted ongoing enforcement actions, and sharply curtailed the Board’s ability to proceed with unfair labor practice cases. In this context of legal uncertainty and corporate strategies to weaken worker voice, it is urgent for states and localities to act as laboratories for innovation—testing new approaches to strengthen working conditions, union strength, democratic participation, and worker influence.
This first blog focuses on sectoral strategies, drawing from one of the working papers in this series. Sectoral strategies set wages and working conditions across an entire industry rather than at a single workplace. Because full industry‑level sectoral bargaining in the private sector is largely preempted under the NLRA, tripartite sectoral standards boards — made up of workers, employers, and government representatives — have emerged as a practical way for states and cities to establish industry‑wide standards without triggering federal preemption. Current US examples include California’s Fast Food Council, Minnesota’s Nursing Home Workforce Standards Board, Nevada’s Home Care Employment Standards Board, and local boards in Seattle and Detroit.
The working paper argues that extending sectoral models across more of the economy can do more than raise wages and baseline conditions; they can help build democratic participation of workers. Sectoral boards can be designed so that workers are engaged at every stage — from petitioning for a board’s creation to shaping standards and helping monitor compliance. Policies that allow workers to access workplace information, lead training, and be compensated for their participation make sectoral standard‑setting itself a platform for building worker and union power, rather than a top‑down regulatory exercise.
Moreover, the paper highlights the importance of expanding the scope of sectoral tripartite models beyond wage floors to include staffing ratios, scheduling practices, benefits, training, and workplace safety. When boards negotiate across these dimensions, they help shape the lived experience of work and give workers and their representatives a voice over the full set of conditions that matter. And they prevent employers from competing on their ability to race to the bottom in minimizing labor costs. Minnesota’s nursing home model illustrates how comprehensive standards can be coupled with mechanisms that invite worker organizations to play active roles in training and compliance, fostering deeper democratic participation and strengthening networks of worker influence.
Sectoral models can also be strategic tools for organizing in building power where traditional unionization is difficult. In fragmented or low‑density industries, boards give workers a collective forum to influence conditions and build connections. In sectors where union density is higher, boards can reinforce existing standards while engaging nonunion workers in representational organizing and joint efforts to raise conditions across the industry. Approaches that coordinate standards across both public and private employment can further amplify worker power, prevent erosion of benefits, and build solidarity across different segments of the workforce.
Another way the paper suggests sectoral strategies can build power is by states and localities experimenting with prevailing standard models, where employment standards are derived from high-road employers and extended throughout a sector to avoid downward pressure on wages and working conditions. For instance, when workers and an employer negotiate a seminal contract that improves wages or benefits, boards can provide mechanisms to establish a prevailing wage in the sector. This amplifies the impact of successful agreements, making them part of a broader system of worker influence rather than isolated workplace victories.
The stakes could not be higher. With unions under attack and federal labor protections under pressure — from possible Supreme Court restructuring of agency independence to corporate strategies that evade core NLRA protections — state and local innovation offers a countervailing source of worker voice and power. Sectoral boards, if structured to emphasize democratic participation, can do more than raise minimum standards: they can help workers build democratic participation and influence that persist regardless of what happens at the federal level.
Over the coming weeks and months, this blog series will explore multiple strategies for advancing worker power through state and local policy. Each post will introduce a working paper or policy brief that addresses another piece of the challenge, offering creative, evolving ideas for how governments can empower workers in an era of shifting legal and economic landscapes. We are deeply grateful to the broad community of thinkers, advocates, policymakers, and workers who have participated in drafting and debating these papers — challenging assumptions, thinking outside the box, and pressing for urgent action to restore worker voice to the millions of workers who want, need, and deserve it.
Daily News & Commentary
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December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.