Today, Breached Podcast released a new episode exploring employment as a component of the social contract. The episode treats the NLRA as the foundation of the social contract between employees and employers and asks how changes in the nature of work provide both the impetus and opportunity to reshape our rights and obligations in the employment context. To answer this question, my co-host Helena Swanson-Nystrom and I spoke with Sharon Block, Executive Director of the Labor and Worklife Program at Harvard Law School; Oren Cass, a senior fellow at the Manhattan Institute; Tom Kochan, a professor at MIT Sloan School of Management; and Steven Pedigo, an assistant professor at the NYU School of Professional Studies.
This is the sixth episode in a ten-part series that seeks to unpack the areas of American life in which some sort of bargain between us—either explicit or implicit—no longer seems to stand. Each episode highlights a different issue that has traditionally been framed as an essential element of any American social contract, asking the following questions: What are the areas in which the American social contract has changed, has been broken, or has never really lived up to what some Americans might hope? Who belongs in the social contract? Why are certain obligations so important to our country? How should new norms be created, or old norms be revived? And at what cost are we willing to see this through?
Breached starts with a conversation about how we define the boundaries of an American community—legally, politically, and practically—and how our perception of community may be shifting today. It then explores dissent, as both a shaper and a component of the social contract.
The next five episodes focus on substantive areas of a social contract that have never been expressly codified in the U.S. Constitution: First, we explore the role of safety, asking how our country’s debate around guns defines who can keep themselves safe—through both access to and protection from guns in their communities. Second, we discuss health, taking a step back from the hyper-partisan political debate around health care and instead exploring whether there are ways to reimagine and reframe a social contract of health that challenges the status quo, adopts new tools for substantive change, and invites new voices and perspectives to the table. Next, the series posits that our education system challenges a national sense of community and examines what happens when we limit our obligations to those in our immediate neighborhood and shrink our social contract to a local level. Finally, after employment, we will release an episode on housing, an area in which the government created substantive rights that did not extend to all Americans.
The final three episodes will consider how to sustain the social contract—by paying for it (taxation), upholding it (service), and rewriting it (democracy).
You can learn more about the podcast at www.breachedpodcast.org and subscribe on iTunes.
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March 27
“Cesar Chavez Day” renamed “Farmworkers Day” in California after investigation finds Chavez engaged in rampant sexual abuse.
March 26
Supreme Court hears oral argument in an FAA case; NLRB rules that Cemex does not impose an enforceable deadline for requesting an election; DOL proposes raising wage standards for H-1B workers.
March 25
UPS rescinded its driver buyout program; California court dismissed a whistleblower retaliation suit against Meta; EEOC announced $15 million settlement to resolve vaccine-related religious discrimination case.
March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.