Garmon Is in the Way, but It May Be Here to Stay

Is Garmon on its last legs? First came the Supreme Court’s 2023 decision in Glacier Northwest, Inc. v. Teamsters, where five Justices called the labor law preemption doctrine “unusual” while two others invited the Court to reconsider the “strange[] . . . Garmon regime.” Then came Loper Bright, ending Chevron deference. Add in attacks on the NLRB’s constitutionality and a quorum-less Board, and many […]

Employers Should Choose a Lane

Amazon workers at the JFK8 fulfillment center in Staten Island are caught in a labor-law no-man’s land. Amazon has challenged the constitutionality of the National Labor Relations Board (NLRB) in federal court, seeking to block the Board’s remedies. Still, when those same workers sought labor protections under New York’s labor law, Amazon invoked Garmon preemption to block […]

Washington Extends Labor Law to Private Sector Workers (if NLRA Preemption Ends)

Washington state governor Bob Ferguson signed new state labor legislation into law on Monday, March 23. The legislation is the latest “trigger law” to be passed by a state. These laws provide a mechanism for state authority over the organizing and bargaining rights of currently federally-preempted private sector workers. The measure, (HB 2471[1]) is similar […]

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From The Editor

From The Editor

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.

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Garmon Is in the Way, but It May Be Here to Stay

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