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December 12, 2021

Jon Levitan

Jon Levitan is a student at Harvard Law School and a member of the Labor and Employment Lab.

All by Jon

Daily News & Commentary

Start your day with our roundup of the latest labor developments. See all

June 11

DC Circuit enforces an NLRB bargaining order; House passes a bill to speed up negotiating between employers and unions.

June 10

SoFi Stadium workers narrowly avoid World Cup strike; Amazon's NLRB challenge to remain in Fifth Circuit; House passes strict timeline bill for first union contracts.

June 9

SoFi Stadium workers authorize a strike ahead of the World Cup; the NLRB finds Starbucks violated labor law; Trump’s $100,000 H-1B visa fee is struck down.

June 8

BLS releases May jobs reports; US Trade Representative proposes new tariffs.

June 7

SAG-AFTRA members ratify a four-year CBA and the International Trade Union Confederation releases its 2026 Global Rights Index.

June 4

Third Circuit tosses DOL’s $35.8 million healthcare wage award; Trump’s Republican NLRB nominee gets Senate hearing; Harvard graduate students end strike.

OnLabor In The News

Wired

Hundreds of Video Game Workers Join New Union as Trump Attacks Labor Rights: Prof. Sachs on challenges to union organizing under the second Trump Administration.

Los Angeles Times

Column: How anti-union southern governors may be violating federal law: Ben Sachs quoted in a column about the anti-union governors' letter and the fragmentation of labor law; John Fry's post referenced on the question of whether state level card-check bans are preempted by the NLRA.

Fast Company

Amazon’s Labor Union is divided but closing in on electing leadership: Prof. Sachs on Amazon's use of legal roadblocks to delay negotiations.

Semafor

Unions’ picket power now extends to U.S. boardrooms: Prof. Block on the influence of labor unions on other playing fields.

Bloomberg Law

Boeing Talks Will Test Unions’ Sway as Labor Market Softens: Prof. Block on Boeing's labor negotiations with the International Association of Machinists.

More From OnLabor

Loyalty Tests

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A recent D.C. Circuit decision, Oncor Electric Delivery Company LLC v. NLRB, shrinks the protections the National Labor Relations Act (NLRA) provides to workers by misreading a Supreme Court opinion regarding statements by workers that disparage their employer’s product. The decision allowed Oncor to fire the lead negotiator for its technician’s union for his testimony before the state […]

Employers Should Choose a Lane

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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 […]

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

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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 […]

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

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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 […]

The First Amendment as Government Workers’ Protection of Last Resort

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The Trump administration has devastated the government workforce and the legal protections that guard it. Shortly after entering office, the administration voided collective bargaining agreements made in the waning days of the Biden administration and empowered the Department of Government Efficiency (DOGE) to engage in large-scale force reductions. In July, the administration recategorized thousands of federal […]

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