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].
The Competitive Enterprise Institute has weighed in on our debate over flexibility in the gig economy with a new piece by Trey Kovacs. Their bottom line: they agree with my analysis of the law but object to the “burdens” (what I’d call minimum basic protections) that employment law imposes on employers:
If government did not impose so many added costs and liabilities on the employer-employee relationship, Sachs’ argument would be more convincing. As long as employee status saddles employers with massive burdens, companies will be reluctant to offer the kind of flexibility rideshare drivers enjoy today as independent contractors.
The opening post in this debate, Enough with the Flexibility Trope, is available here. Professor Estlund’s response is here, and my reply here.
Daily News & Commentary
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November 24
Trump picks Rep. Lori Chavez-DeRemer for Labor Secretary; German Volkswagen workers on the precipice of major strike.
November 22
In today’s news and commentary, nurses in Michigan vote to unionize and a hotel workers strike continues in Las Vegas. Nurses at Corewell Health in Michigan voted to unionize after a year-long campaign. This election resulted in one of the largest union election victories in nearly 20 years, according to the NLRB, with this election […]
November 21
Workers at electric vehicle battery production complex in Kentucky launch campaign to join the UAW; Amazon workers at company’s largest air facility on the West Coast start union drive to join the Teamsters; and medical residents and fellows affiliated with Brown University organize to join CIR/SEIU Healthcare.
November 20
Philadelphia unions plan a joint strike, Greece faces a 24-hour general strike, and University of California unions set strikes for today and tomorrow.
November 19
Fifth Circuit hears challenges to NLRB; Democratic NLRB majority may be ending soon; building trades unions criticize Democratic party
November 18
In today’s News & Commentary, the Democratic Party Union blasts staff layoffs and Philadelphia city workers threaten mass strike. The Democratic National Committee Staff Union has criticized party leadership following several days of layoffs in the wake of the 2024 election loss. The union claims these cuts go beyond typical post-election turnover and have impacted […]