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This is What a Lawless Judicial Opinion Looks Like

Jun 11, 2025 Andrew Strom

One basic element of the rule of law is that rules and principles are applied equally, regardless of which party benefits. When Donald Trump referred to “Obama judges” during his first term, Chief Justice John Roberts asserted, “We do not have Obama judges or Trump judges, Bush judges, or Clinton judges.” On one level, that’s nonsense. Of course […]

The NLRB’s Existence is at Stake

May 22, 2025 Andrew Strom

It seems increasing likely that Gwynne Wilcox’s lawsuit challenging Donald Trump’s attempt to fire her in the middle of her five-year term as a Member of the National Labor Relations Board will, one way or the other, result in the end of the NLRB as we have known it. Congress created the NLRB as an […]

Towards Sustainable Labor Law Reform

May 12, 2025 Samuel Estreicher

Rather than a wish list of labor law reforms, we need “Labor Law Reform for the Long Haul”—sensible changes that can attract bipartisan support and that will not result in endless policy oscillation with each new administration. What follows is a sketch of some such changes; others are also possible. I. Bolstering the Acceptability/Durability of Secret-Ballot […]

Maybe Disclosure Doesn’t Work

May 6, 2025 Andrew Strom

I used to think that disclosure laws had the potential to change corporate behavior. The idea is that if businesses have to publicly disclose what they are up to, then they will be shamed into changing their conduct. The problem is that much like the current President, corporate leaders seem increasingly immune from any sense of shame. […]

Abundance That Works for Workers—and American Democracy

Apr 1, 2025 Kate Andrias and Alexander Hertel-Fernandez

This post was originally published on Fireside Stacks. Ezra Klein argues in his recent op-ed (and at greater length in his compelling new book with Derek Thompson) that a central problem facing Democrats is the crisis of scarcity. According to Klein, the places where Democrats govern are unaffordable because rules and political cultures constrain production […]

How Work, and Workers, Can Influence Heat Action Plans

Mar 27, 2025 Sharon Block and Rajesh Nayak

The following post originally appeared on the Harvard Climate Blog by the Salata Institute for Climate and Sustainability at Harvard University. Summer is rapidly approaching in the U.S., bringing dangerously hot conditions for many workers. Last summer, in the face of rising temperatures, the Biden administration proposed landmark workplace standards that would protect workers from […]

Trump Puts NLRB Independence on the Line

Feb 10, 2025 Sharon Block

Gwynne Wilcox is a consummate public servant, who has served as a Member of the National Labor Relations Board since 2021. Despite her stellar reputation and unblemished record of service, President Donald Trump fired Member Wilcox on January 27, 2025, without making a single allegation about any misconduct. Her baseless discharge contravenes every word of […]

Will Any Management Lawyers Stand Up to Trump?

Jan 31, 2025 Andrew Strom

Donald Trump’s attempt to fire Gwynne Wilcox, the only Black woman who has ever served as a Member of the National Labor Relations Board, is blatantly illegal. Union leaders quickly condemned this action. Wilcox, a former union lawyer, was appointed by President Biden, and I’m sure management lawyers didn’t always like her decisions. But, the […]

A Roadmap for More Effective NLRB Remedies

Jan 27, 2025 Andrew Strom

The Ninth Circuit recently issued an opinion that addressed the National Labor Relations Board’s decision in Thryv Inc., regarding the scope of remedies available for victims of unfair labor practices. In Thryv, the Board held that in addition to backpay, workers should be able to recover for “direct or foreseeable pecuniary harms” that flow from […]

Assessing Biden’s NLRB

Jan 13, 2025 Andrew Strom

President Biden promised to be the most pro-union, pro-worker President in history. One way he sought to achieve this goal was through his appointments to the National Labor Relations Board. For a little over three years, from September 2021 until December 16, 2024, Biden’s appointees formed a majority on the NLRB. Despite the talk about […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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This is What a Lawless Judicial Opinion Looks Like

The NLRB’s Existence is at Stake

Towards Sustainable Labor Law Reform

Maybe Disclosure Doesn’t Work

Abundance That Works for Workers—and American Democracy

How Work, and Workers, Can Influence Heat Action Plans

Trump Puts NLRB Independence on the Line

Will Any Management Lawyers Stand Up to Trump?

A Roadmap for More Effective NLRB Remedies

Assessing Biden’s NLRB