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ONLABOR Menu Search Law. Workers. Organizing. * Follow OnLabor on X * Subscribe via RSS TRACKING ATTACKS ON THE NLRB: LAW PROFESSORS FILE AMICUS BRIEF IN SPACEX CASE John Fry on law professors' amicus brief in a venue dispute over SpaceX's suit against the NLRB. by John Fry CAN STATES USE ECONOMIC INCENTIVES TO DISCOURAGE CARD CHECK AGREEMENTS? John Fry March 2024 John Fry on labor law's market participant exception and recent state efforts to discourage organizing. A NEW ERA FOR BREASTFEEDING IN THE WORKPLACE Ellie Samuels March 2024 Ellie Samuels on the PUMP Act and strategies to better support breastfeeding workers. DAILY NEWS & COMMENTARY Start your day with our roundup of the latest labor developments. See all MARCH 28 Wisconsin Supreme Court lets ruling stand that held Amazon drivers are employees; Phoenix passes heat protection ordinance for workers; DOL finds child labor violations at Tennessee manufacturing facility; and Washington enacts worker protections for strip club dancers. MARCH 27 University of Michigan health workers unionize, a Major League Soccer (MLS) referee lockout ends, and a Domino’s Pizza owner is sued for child labor violations. MARCH 26 Florida weakens child labor laws; Volkswagen workers will vote soon in Tennessee; SoCal hotel workers secure raises; UAW local rejects House subpoena MARCH 25 Boston University graduate workers on strike; Michigan staffers organizing; Data shows the "wins" of unions MARCH 22 Georgia advances anti-union bill; NLRB: SpaceX violated labor law (again); Starbucks sets date for negotiations. MARCH 21 United Steelworkers endorse Biden and prominent labor lawyer, Nicole Berner, confirmed as federal judge on the Fourth Circuit. Enjoy OnLabor’s fresh takes on the day’s labor news, right in your inbox. * indicates required Email Address * RECENT FEATURES TRACKING ATTACKS ON THE NLRB: SPACEX’S SUIT TRANSFERRED AND STARBUCKS JOINS THE FRAY * Mar 8, 2024 * John Fry HEY ALEC, BE CAREFUL WHAT YOU WISH FOR * Mar 8, 2024 * Benjamin Sachs WHEN JOBS BECOMES ILLEGAL: WORKPLACE CHALLENGES FOR ABORTION AND GENDER-AFFIRMING CARE PROVIDERS * Mar 6, 2024 * Ellie Samuels AT THE SUPREME COURT, WILL BAD HISTORY LEAD TO MORE FORCED ARBITRATION? * Feb 28, 2024 * Andrew Strom 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. Browse all HEY ALEC, BE CAREFUL WHAT YOU WISH FOR Mar 8, 2024 A NEW PATH FOR UNIONIZING UBER AND LYFT Dec 6, 2023 UAW AND CLIMATE Sep 15, 2023 FROM SENIOR CONTRIBUTORS Leading voices share their newest ideas. Browse all AT THE SUPREME COURT, WILL BAD HISTORY LEAD TO MORE FORCED ARBITRATION? Feb 28, 2024 by Andrew Strom GLACIER: DO HYPOTHETICAL FACTS MAKE HYPOTHETICAL LAW? Jan 18, 2024 by Darin Dalmat GLACIER NORTHWEST POSTSCRIPT SHOWS HOW RIGHT JUSTICE JACKSON WAS Jan 16, 2024 by Andrew Strom RONALD REAGAN HAS SHAPED U.S. LABOR LAW FOR DECADES Jan 4, 2024 by Andrew Strom JUDICIAL REVIEW OF NLRB ORDERS IN A POST-CHEVRON WORLD — PART IV Dec 15, 2023 by Darin Dalmat JUDICIAL REVIEW OF NLRB ORDERS IN A POST-CHEVRON WORLD — PART III Dec 12, 2023 by Darin Dalmat FEATURED COVERAGE Our latest coverage of today’s most critical topics. See all CHALLENGING THE NLRB With worker organizing and collective action on the rise—and garnering greater and greater popular support—employers are deploying a new(ish) response: attacking the constitutionality of the National Labor Relations Board and thus the nation’s system of labor law. These attacks come from a range of prominent employers (to date: SpaceX, Trader Joe’s, and Amazon) and are multi-pronged (to date: that Board members and ALJs are impermissibly shielded from Presidential removal, that Board adjudications violate the VII Amendment right to jury trial, that the Board is a separation-of-powers violation, and that it presents a major-questions-doctrine or non-delegation problem). Although the claims may have seemed outlandish a handful of years ago, the current Supreme Court’s hostility to the administrative state requires that we take them seriously. NEWS & COMMENTARY * Feb 25, 2024 Starbucks joins employers challenging the NLRB's constitutionality. * Feb 21, 2024 SpaceX got a small victory when the Fifth Circuit temporarily halted the transfer of its lawsuit challenging the constitutionality of the NLRB from Texas to California * Feb 16, 2024 SpaceX’s lawsuit against the NLRB to be transferred to California * See all EDITORIAL WRITING * Mar 22, 2024 Tracking Attacks on the NLRB: Law Professors File Amicus Brief in SpaceX Case * Mar 8, 2024 Tracking Attacks on the NLRB: SpaceX’s Suit Transferred and Starbucks Joins the Fray * Feb 19, 2024 Tracking Attacks on the NLRB: Amazon Invokes the Major Questions Doctrine * See all STARBUCKS A bellwether company in the U.S., Starbucks — despite its “progressive” reputation — has enacted vicious anti-union policies. And yet, workers at hundreds of Starbucks stores across the country have succeeded in organizing and winning union representation. Predictably, Starbucks is dragging out the bargaining process, violating workers’ labor rights, and continuing to interfere with employees’ choice to join a union. NEWS & COMMENTARY * Mar 22, 2024 Starbucks and SWU set date for bargaining. * Feb 28, 2024 Starbucks agrees to start talks to achieve a collective-bargaining agreement * See all EDITORIAL WRITING * Dec 4, 2023 The Long Shadow of Students for Fair Admissions * Jul 21, 2023 Starbucks and the Failure of Labor Law * Apr 12, 2023 The Howard Schultz Senate Hearing: Setting the Record Straight on a Venti’s Worth of Misinformation * See all THE BIDEN NLRB With a Democratic majority on the Board and an admirably ambitious General Counsel, the Biden NLRB promises to be among the most consequential in history. NEWS & COMMENTARY * Jan 28, 2024 Trader Joe’s argues NLRB is unconstitutional * See all EDITORIAL WRITING * Jan 30, 2024 Understanding the Latest Constitutional Attacks on the NLRB * Nov 9, 2023 Is Joe Biden the Most Pro-Union President You’ve Ever Seen? * Nov 7, 2023 General Counsel Memo Offers Guidance on Cemex Bargaining Orders * See all ANALYSIS FROM GUEST VOICES Fresh ideas from around the world of labor. Browse all THE DEATH OF THE NON-COMPETE CLAUSE MAY BE IMMINENT Feb 26, 2024 by Sandeep Vaheesan and Daniel Hanley Sandeep Vaheesan and Daniel Hanley on the coercive nature of non-compete clauses and recent efforts to outlaw such contracts. THE INTERNATIONAL LAWYERS ASSISTING WORKERS (ILAW) NETWORK’S FIRST FIVE YEARS Feb 20, 2024 by Jon Hiatt and Jeffrey Vogt Jeffrey Vogt and Jon Hiatt on the growth and impact of the International Lawyers Assisting Workers (ILAW) Network. ELON MUSK FACES INCREASING UNION PRESSURE IN THE NORDICS Jan 19, 2024 by German Bender German Bender on the latest updates from the Swedish strike against Tesla. TESLA STRIKE SET TO ESCALATE FURTHER, AS MORE UNIONS JOIN Nov 13, 2023 by German Bender German Bender on the rapidly escalating Swedish strike against Tesla. ONLABOR IN THE NEWS Browse all 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. THE GUARDIAN Major US corporations threaten to return labor to ‘law of the jungle’ Prof. Sachs on Trader Joe's and Starbucks' recent challenges to the NLRB. THE HILL Corporate giants aim to hobble National Labor Relations Board Prof. Block on the important role that the NLRB plays in protecting organizing workers, and the potential consequences of the constitutional challenges to the NLRB. BLOOMBERG Starbucks’ Labor Pivot Poised to Spur New Unionization Wave Prof. Block on Starbucks' labor concessions and the important effects of organizing. MARKETPLACE Will labor unions maintain their momentum in 2024? Prof. Block on the labor movement's impact in 2023. MORE FROM ONLABOR See more THE DEATH OF THE NON-COMPETE CLAUSE MAY BE IMMINENT Feb 26, 2024 Sandeep Vaheesan and Daniel Hanley Sandeep Vaheesan and Daniel Hanley on the coercive nature of non-compete clauses and recent efforts to outlaw such contracts. THE INTERNATIONAL LAWYERS ASSISTING WORKERS (ILAW) NETWORK’S FIRST FIVE YEARS Feb 20, 2024 Jon Hiatt and Jeffrey Vogt Jeffrey Vogt and Jon Hiatt on the growth and impact of the International Lawyers Assisting Workers (ILAW) Network. TRACKING ATTACKS ON THE NLRB: AMAZON INVOKES THE MAJOR QUESTIONS DOCTRINE Feb 19, 2024 John Fry John Fry on the major questions doctrine as a threat to labor law. TRACKING ATTACKS ON THE NLRB Feb 16, 2024 Benjamin Sachs As companies increasingly attack the NLRB's constitutionality, OnLabor's John Fry will begin writing a new series titled "Tracking Attacks on the NLRB" to cover the arguments and implications of these challenges to the Board's structure. THE PREGNANT WORKERS FAIRNESS ACT: A POST-DOBBS TRIUMPH Jan 31, 2024 Ellie Samuels Ellie Samuels on the Pregnant Workers' Fairness Act and the future of reproductive justice in the workplace. ONLABOR Law. Workers. Organizing. OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues. Learn more about OnLabor Copyright © 2024 OnLabor. All rights reserved. OnLabor is unable to accept unsolicited submissions. * Follow OnLabor on X * Subscribe via RSS Contact info@onlabor.org Site design Jon White Studio Close SECTIONS * All Editorial Writing * All News & Commentary * From The Editor * From Senior Contributors * Analysis From Guest Voices * OnLabor In The News * All Featured Coverage * About CONNECT * Follow OnLabor on X * Subscribe via RSS Search for: