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27 posts

New Episode of Breached Podcast on Employment

Published April 25th, 2018 -

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 ... More »

Continuing the Labor Law Reform Debate in 2018

Published January 3rd, 2018 -

By Sharon Block and Benjamin Sachs In September, we shared our plan to hold a symposium at Harvard Law on the question of whether it is time to end labor preemption.  The symposium brought together leading labor law scholars and practitioners to wrestle with t... 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 »

Today’s News & Commentary — October 27, 2017

Published October 27th, 2017 -

Uber faces a new employment discrimination lawsuit brought by three Latina software engineers who allege that the company discriminates against women and people of color in promotions and pay.  Uber is the latest in a string of tech companies–from Google... 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 »

Today’s News & Commentary — October 13, 2017

Published October 13th, 2017 -

In New York City, more people are taking Uber than traditional yellow cabs, the New York Times reports.  Uber’s growth has been fueled by new riders in the outer boroughs; a similar trend–new customers outside the city center–is also taking h... More »

Benching Anthem Protesters is Illegal

Published October 12th, 2017 -

On Sunday, Jerry Jones, the owner of the Dallas Cowboys, said he would bench players who did not stand during the national anthem. This threat was publicized nationally and applauded by President Trump. (In the last few hours, the President told Fox News that ... More »

Time to Aim Higher for Workers’ Rights

Published October 12th, 2017 -

Labor activists must aim much higher if we are to push through the severe structural obstacles that limit organizing in the US. And now is the time as workers’ rights in the US are at a 100 year low and sinking at both the national and state level. The right t... More »