LWP

Dora Sari

What do we really know about trade and labor?

September 21, 2018

Labor and Worklife Program hosts workshop in the shadow of NAFTA negotiations

On August 31, Harvard Law School’s Labor and Worklife Program (LWP), in collaboration with the University of Reading, organized a workshop on the “Past and Future of Labor Provisions in the Context of Trade.” Coincidentally, it was the same day President Donald Trump, twenty-six years after the signing of the North American Free Trade Agreement (NAFTA), notified Congress of his intent to sign a revised agreement with Mexico and, potentially, Canada...

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2018 Aug 31

Past and Future of Labor Provisions in the Context of Trade

(All day)

Location: 

Harvard Law School

The key objectives of the workshop were to discuss new findings in recent research papers on the role and effectiveness of labor provisions and to assemble a high-level panel discussion with some of the most highly regarded experts in the field. 

 

Trump’s Power to Fire Federal Workers Curtailed by Judge

Trump’s Power to Fire Federal Workers Curtailed by Judge

August 25, 2018

By Noam Scheiber
New York Times

A federal district judge in Washington struck down most of the key provisions of three executive orders that President Trump signed in late May that would have made it easier to fire federal employees.

The ruling is the latest in a series of legal setbacks for the administration, which has suffered losses in court in its efforts to wield executive authority to press its agenda on immigration, voting and the environment.

Sharon Block of the Labor and Worklife Program at Harvard Law School, who is a former senior Labor Department official and National Labor Relations Board member during the Obama administration, called the decision a “stinging rebuke.”... Read more about Trump’s Power to Fire Federal Workers Curtailed by Judge

Labor Provisions in Trade Agreements (LABPTA): Introducing a New Dataset
Damian Raess and Dora Sari. 8/3/2018. “Labor Provisions in Trade Agreements (LABPTA): Introducing a New Dataset.” Global Policy.Abstract

Global labor policy through trade has begun to receive growing attention with the inclusion of labor provisions in preferential trade agreements (PTAs). Until recently there has been a shortage of available data that would adequately capture the variation that exists with respect to the scope and stringency of labor provisions, preventing scholars and practitioners from addressing key questions about the design and effects of the trade‐labor linkage. This paper introduces a new dataset covering 487 PTAs from 1990 to 2015 coded against 140 distinct items pertaining to six main categories, presenting – to our knowledge – the most rigorous and fine‐grained mapping of labor provisions. It also offers the first systematic description of key trends in the design and occurrence of those commitments. Our study shows that labor provisions have not only expanded in terms of their content and participating countries but that labor provisions have, although to a varying degree, also become more stringent over time. The provisions that have across all PTAs increased most steadily are the ones related to the institutional framework set up for the monitoring and implementation of labor commitments, becoming more specialized and more inclusive of third party involvement over time.

Comment on data set: Elliott, K. A. (2019), Assessing Trade–Labor Linkages: A Big Step Forward. Glob Policy, 10: 151-152. doi:10.1111/1758-5899.12644

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Trump Overtime Pay Rule Slow Out of Gate

August 20, 2018

Jaclyn Diaz and Ben Penn
Bloomberg Law

The Labor Department has shown scant signs of progress on revising an Obama-era rule to expand overtime pay eligibility, more than a year after embarking on its mission.

The Trump DOL’s latest soft target for a proposed rule is January 2019, after initially aiming for a fall 2018 release. A federal judge shot down the 2016 rule, which would have qualified an additional 4 million workers for time-and-a-half pay. An appeal of that decision is on hold to allow time for Labor Secretary Alexander Acosta to develop what’s expected to be a more narrow update.

“When you do it right, this kind of rulemaking is hard,” said Sharon Block, who coordinated the 2016 overtime rulemaking as head of the Obama DOL’s policy shop. “I don’t think this Department of Labor has shown themselves to be able to do this kind of complex difficult rulemaking. I have no idea if they have the capacity to do it in the time they have left.”... Read more about Trump Overtime Pay Rule Slow Out of Gate

Jenny Lau

Jenny Lau

Director of Programs & Outreach

Jenny Lau is the Director of Programs and Outreach at the Labor and Worklife Program, where she advances creative problem solving related to the world of work through program administration and strategic communications. Prior to joining the Labor and Worklife Program in 2018, Jenny advanced women in national and local politics through strategic grant-making and directive research at the Barbara Lee Family Foundation/Political Office and then as the Director of Scheduling and Special Projects at the Office of Massachusetts Attorney General Maura Healey. Jenny began her career in politics and labor at the Chinese Progressive Association, where she engaged voters through targeted campaigns and organized immigrant workers around workplace issues as the Civic Action and Worker Center Organizer.... Read more about Jenny Lau

p: 617-998-1525
Trump Nominee Is Mastermind of Anti-Union Legal Campaign

Trump Nominee Is Mastermind of Anti-Union Legal Campaign

July 18, 2018

By Noam Scheiber
NY Times

Jonathan F. Mitchell, a conservative lawyer, is the lead counsel in several lawsuits against public-employee unions.

After the 2016 election, he served as a volunteer attorney on the Trump transition team, where he helped review future executive orders. In September, the president nominated him to head the Administrative Conference of the United States, a small federal agency that advises the government on improving its inner workings. His nomination awaits action by the Senate after the Judiciary Committee approved him on a party-line vote in March.

Ms. Block said the court’s decision last month indicated that the conservative majority might rule that the fees should be refunded retroactively. The decision referred to the fees as a “considerable windfall that unions have received,” adding, “It is hard to estimate how many billions of dollars have been taken from nonmembers.”

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Ending the Dead-End-Job Trap

July 12, 2018

By Terri Gerstein and Sharon Block
NY Times Op Ed

It’s the American dream: We’re supposed to improve ourselves, get a better job, move on and up. But in too many instances, secret agreements between employers are stifling workers’ ability to parlay their hard work and experience into better-paying jobs and a chance to climb the career ladder.

On Thursday, the attorney general of Washington State, Bob Ferguson, announced that he had obtained agreements from seven fast-food chains, including Arby’s, Carl’s Jr. and McDonald’s, not to use or enforce “no poach” or “no hire” agreements. Under these arrangements, franchisees pledge not to hire job applicants who are current or recent employees of the company or any of its franchisees, without the approval of the applicants’ employers.... Read more about Ending the Dead-End-Job Trap

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The Kavanaugh Nomination and Labor

July 10, 2018

[Sharon Block] provides an overview of [Kavanaugh's] record and attempt to make the case that his record reflects a sustained and, at times, aggressive hostility to the role of the law in protecting the vulnerable and less powerful.

The Agri Processor dissent is significant for a number of reasons.  First, it reflects a broader trend in Kavanaugh’s record of being unsympathetic to the plight of immigrants. His dissent reflects a willingness to write groups of workers completely out of basic labor standards – here all undocumented workers...

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