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 election of Donald Trump along with a Republican Congress presents a set of profound challenges and questions for the labor movement and for workers. As the readers of OnLabor know, the election of 2016 may mean (among other things): a national right to work law for the private sector; national right to work rules for the public sector (through the return of Friedrichs-type cases); the possibility that exclusive representation itself could eventually be ruled unconstitutional; a reshaped NLRB willing to undo much of what the Obama board has done, including on questions of joint employment, arbitration, graduate student organizing, and rules for non-union workplaces; a Department of Labor, potentially led by Scott Walker, and willing to undo what the historic Obama Department has achieved; workplace raids aimed at undocumented immigrant workers; a different approach to Title VII and the EEOC. The list, of course, continues. There may be positive developments too: the Trump campaign was committed to a robust infrastructure program and to restoring jobs – two things that, if accomplished, would be enormously important to workers. Trump has also indicated his support for some form of family leave and child care improvements.
Whatever the particulars turn out to be, this is a moment that calls for urgent and creative thinking about what comes next for labor. How should the labor movement begin to think about the next four years? What is possible in this changed environment? We hope to contribute to this discussion with Labor in the Trump Years, a series of essays from labor leaders, lawyers, and academics. The first installment comes from David Rolf.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]