News

Bloomberg Logo

The Resurrection of American Labor

February 7, 2019

by Jane Paskin
Bloomberg Businessweek

According to the official records, U.S. workers went on strike seven times during 2017. Aggrieved workers, however, took matters into their own hands, using social media and other tech tools to enhance their campaigns. From industry walkouts to wildcat teachers’ strikes, they made very public demands of their employers. The official number of major work stoppages recorded by the BLS in 2018 nearly tripled, to 20. 

“I think there’s a real desire for working people to not segment their lives so much,” says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School. Companies know that, too. That’s why places such as Comcast, Facebook, and Google gave workers time off to join political protests in 2016. The problem, Block says, is that political issues are often workplace issues, too. “Immigration, racial justice, gender equality—people are seeing these things as interconnected, and that’s giving rise to movements that aren’t so easy to characterize but are very powerful.”

harvard gazette logo

A Call for a Kinder Capitalism

February 5, 2019

Brett Milano
Harvard Correspondent
Harvard Gazette

Speaking at Harvard Law School, U.S. Rep. Joe Kennedy III (D., Mass.) called Monday for a new national economic agenda based on “moral capitalism” that addresses the needs of embattled workers.

In recent months, Kennedy has been pushing for a fresh economic sensibility. Speaking at the John T. Dunlop Forum on the topic of “Building a Moral Capitalism,” he argued that the recent federal government shutdown represented capitalism at its least moral.

Boston Globe Logo

Joe Kennedy preaches ‘moral capitalism’ at Harvard Law

February 5, 2019

By Jon Chesto
Boston Globe

 

Joe Kennedy started his push for “moral capitalism” by urging local business leaders to help address the country’s worsening income inequality.

Now, the congressman is spelling out his ideas for how the federal government should tackle the problem.

The Massachusetts Democrat spoke to a packed room at Harvard Law School on Monday, making his plea for a government unafraid to set new rules for a fair and just economy. Strong regulations, he argues, shouldn’t be viewed as an obstacle to growth but as a necessary condition for a functioning capitalist system to survive. From his point of view, government has been complicit in the erosion of workers’ rights.... Read more about Joe Kennedy preaches ‘moral capitalism’ at Harvard Law

Bloomberg Logo

Labor Department Leadership Vacancies Could Threaten Policy Work

January 7, 2019

by Jaclyn Diaz
Bloomberg

The Labor Department is starting 2019 without confirmed officials in several key leadership posts, vacancies the business community fears could derail some policy initiatives.

The department doesn’t have confirmed leaders for seven sub-agencies after the Jan. 4 departure of Bryan Jarrett, who was serving as acting administrator for the Wage and Hour Division.

“I can certainly say there was nothing like this during our time,” Sharon Block, a former DOL policy office head under President Barack Obama, told...

Read more about Labor Department Leadership Vacancies Could Threaten Policy Work
Bloomberg Logo

Joint Employer Labor Regulation Clouded by Court Decision

January 5, 2019

Hassan A. Kanu and Jon Steingart
Bloomberg News

The NLRB acted properly in 2015 when it adopted a more expansive test for determining when companies in franchise, staffing, and other relationships should be considered joint employers for liability and collective bargaining purposes, the U.S. Court of Appeals for the D.C. Circuit held Dec. 28. The board broke new ground with that test by saying that a company that has the authority to exert control over another company’s workforce could be required to bargain with or be held liable for unfair labor practices against the workers, even if it doesn’t exercise that ability.

The NLRB’s test, crafted by a Democratic majority, has been the subject of heated debate in the business community, courts, and Congress, highlighted by litigation involving McDonald’s and allegations against Microsoft. The now Republican-majority board is working on a regulation that would limit joint employment and allow businesses more leeway to outsource labor and other components.... Read more about Joint Employer Labor Regulation Clouded by Court Decision

American Prospect Logo

The Return of the Strike

January 3, 2019

By Steven Greenhouse
American Prospect

This year, thousands of teachers, hotel workers, Google employees, and others walked off the job and won major gains. Which raises two questions: Why now? And will this continue?

Some labor experts say the recent surge of strikes could portend a new wave of labor activism, as more and more workers see that collective action can pay off. Others argue that the recent surge is more likely a one-time blip of militancy that will fade away as organized labor’s long-term decline continues.

Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, says labor’s renewed militancy reflects a broader shift in the zeitgeist. “When there’s a lot of collective action happening more generally—the Women’s March, immigration advocates, gun rights—people are thinking more about acting collectively, which is something that people hadn’t been thinking about for a long time in this country in a significant way.”... Read more about The Return of the Strike

OnLabor.org logo

Clean Slate Update

December 12, 2018

by Sharon Block and Benjamin Sachs
OnLabor.org

Last spring, we promised to share information about the project we’ve launched at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law Reform.”

On Labor Day,  we laid out our vision for this ambitious project:  (1) reimagining collective bargaining; (2) expanding the range of available worker organizations; (3) ensuring that collective action leverages power; (4) using benefits and enforcement to strengthen worker organizations; (5) updating other legal regimes to empower workers; and (6) addressing persistent, historical inequities that have plagued the labor movement.... Read more about Clean Slate Update

bloomberg law logo

More Employers Turn to Arbitration to Handle Job Claims

December 6, 2018

By Jaclyn Diaz
Bloomber Law

 

Many major employers, including other tech companies that have done away with mandatory clauses on harassment, maintain arbitration agreements for most wage-and-hour and discrimination claims. The use of arbitration clauses to handle employment claims is becoming more prevalent in the workplace, sources told Bloomberg Law.

Plaintiffs’ attorneys and worker advocates are hoping employers will end the practice for all employment claims, saying it’s especially harmful for low-wage workers.

Arbitration clauses...

Read more about More Employers Turn to Arbitration to Handle Job Claims
Buzz Feed News Logo

BuzzFeed Is Ending Forced Arbitration Policy For Sexual Harassment Claims Following Inquiries

November 20, 2018

Davey Alba
BuzzFeed News 

BuzzFeed will end its requirement of mandatory arbitration for sexual harassment and sexual assault claims — a policy that prevents workers from airing their grievances in open court — after BuzzFeed News raised questions about the company’s policy as part of a larger investigation into the practice in the tech industry.

Forced arbitration policies “can be both standard [in workplaces] and wrong at...

Read more about BuzzFeed Is Ending Forced Arbitration Policy For Sexual Harassment Claims Following Inquiries