Labor Law

Trump-Appointed Labor Board’s Impatient Agenda to Reformulate Labor Law

August 7, 2019

Congress framed the National Labor Relations Act in 1935, during a period of confidence in the administrative state, using broad language and excluding a private right of action. The Labor Act thereby delegated significant authority to the National Labor Relations Board to formulate doctrine that would encourage “the practice and procedure” of effective and peaceful…

A Weakening of Overtime Regulation Reform

May 6, 2019

Elections, especially Presidential elections, have consequences. Few need reminding of this truism after 2016. But the distributional consequences of American Presidential elections have long antedated the emergence of Trumpism in the Republican Party. On no issue is this clearer than those involving the regulation and protection of benefits for American employees.  This is illustrated by…