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5 - Beyond the Race to the Bottom

Reforming Labor Law Preemption to Allow State Experimentation

from Part II - Labor Law Is Out of Date

Published online by Cambridge University Press:  01 November 2019

Richard Bales
Affiliation:
Ohio Northern University
Charlotte Garden
Affiliation:
Seattle University
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Summary

Work has changed since the National Labor Relations Act became law more than eighty years ago. But as Cynthia Estlund’s chapter in this volume discusses, the NLRA has proven mostly impervious to amendment, with the significant exceptions of 1947’s Taft–Hartley Act and 1959’s Landrum-Griffin Act. The contrast with the public sector could not be sharper: where the NLRA has been stable, states have changed the laws governing concerted activity and collective bargaining by public employees relatively frequently. Likewise, an increasing list of states have raised the minimum wage and implemented other employment protections for both private- and public-sector workers, including paid sick days, predictable scheduling, and more.

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Publisher: Cambridge University Press
Print publication year: 2019

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