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].
Republican Senator Josh Hawley has circulated a document titled “A Pro-Worker Framework for the 119th Congress.” The document, available on Punchbowl News, lays out a set of proposals for labor law reform. The proposals, couched in broad terms and not in legislative language, include: requiring employers to post notices of NLRA rights and to affirmatively notify new employees of their NLRA rights; implementing safety and health reforms particularly for warehouse workers (presumably in line with the Warehouse Worker Protection Act, which Hawley supported in the last Congress); banning captive audience meetings “while protecting free speech rights of business owners”; holding NLRB elections within 20 days (of a petition presumably, though this isn’t specified); requiring that initial contract bargaining begin within 10 days of a successful union election and requiring that unions and employers “execute their agreements within months, not years”; and enhanced remedies with a private right of action in certain cases.
It is unclear whether there is more detail available about Hawley’s ideas (Punchbowl has only the one-page document) and, without more detail, it’s hard to offer anything like a complete assessment of the framework. This document, moreover, is far from a bill and it remains to be seen how much traction Hawley’s proposals will get, including from the incoming Trump Administration. And, even if all were enacted, this slate of reforms would fall far short of what’s required to fix U.S. labor law. But these are proposals for significant changes that may scramble the politics of labor law reform. That too remains to be seen.
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May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.