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15 posts

Bonuses versus Bargaining

Published February 1st, 2018 -

The Tax Cuts and Jobs Act of 2017 chopped off a big piece of the federal corporate tax rate, dropping it from 35 to 21 percent.  That sizeable chunk of change will now move from the federal fisc to corporate treasuries across the country.  Democratic leaders h... More »

Janus Should Lose, and the Justices Know It

Published January 31st, 2018 -

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case uphol... More »

Today’s News & Commentary — January 30, 2018

Published January 30th, 2018 -

In the wake of many, serious allegations against casino mogul Steve Wynn, casino worker Brittany Bronson uses a New York Times op-ed to shine a bright light on wealth inequality and sexual abuse at work.  Bronson analogizes the confidentiality required in a hi... More »

Miscimarra’s Parting Shot: Was It a December Massacre?

Published December 19th, 2017 -

In recent years, the end of a National Labor Relations Board member’s term occasioned an odd death watch for controversial precedent.  Last week, Board Chair Phil Miscimarra finished his term with a flurry of big decisions, including five cases that overturned... More »

A Narrow Preemption Exception

Published October 23rd, 2017 -

The Ninth Circuit issued a decision this week on whether the City of Los Angeles can include in its contracts with companies doing business at LAX a requirement that they enter into labor peace agreements or whether such a contract clause is preempted by the N... More »

NFL Anthem Protests Highlight Another Flaw in Labor Law

Published October 20th, 2017 -

While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker c... More »

Is it Time to End Labor Preemption?

Published September 11th, 2017 -

By Sharon Block and Benjamin Sachs Serious thinking about labor law reform seems to be coalescing around a few themes.  One of these is the possibility of allowing state and local intervention into the rules of union organizing and collective bargaining.  Purs... More »