From Senior Contributors

Home » From Senior Contributors

109 posts

Will the Court Consider the Facts in Janus?

Published February 28th, 2018 -

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts.  Janus is an Illinois state employee, who is represented by AFSCME Council 31.  Like all other employees in his bargaining unit, he is required to pay fa... More »

Board Vacates Hy-Brand, Raising More Questions

Published February 27th, 2018 -

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspec... More »

The NLRB Should Withdraw Hy-Brand . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for ... More »

Janus Should Lose, and the Justices Know It

Published January 31st, 2018 -

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case uphol... More »

Continuing the Labor Law Reform Debate in 2018

Published January 3rd, 2018 -

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 »

Second Circuit Judges Teach Interns a Valuable Lesson

Published January 2nd, 2018 -

Unpaid interns who sued Hearst magazines under the Fair Labor Standards Act (FLSA) recently learned an important lesson:  judges often make law in the guise of statutory interpretation.  The lawsuit against Hearst, along with a similar lawsuit against Fox Sear... More »

Miscimarra’s Parting Shot: Was It a December Massacre?

Published December 19th, 2017 -

In recent years, the end of a National Labor Relations Board member’s term occasioned an odd death watch for controversial precedent.  Last week, Board Chair Phil Miscimarra finished his term with a flurry of big decisions, including five cases that overturned... More »