Conflict lies at the heart of the employment relationship. Indeed, Employment and Labor Law emerged in the early twentieth century as a political response to social unrest, seeking to channel these tensions into legal frameworks for adjudication. Whether expressed through wage and hour disputes, discrimination claims, unfair labor practices, or struggles over union recognition, such conflicts demand swift resolution and strong institutions. In this sense, consider, for example, the average duration of an employment dispute: approximately 16 months in Paris, 256 days in Santiago de Chile, and nearly 35 months in the Southern and Eastern Districts of New York.
As a former employment lawyer in Chile now practicing in the United States, I found the exchange between Samuel Estreicher, Roger King, and David Sherwyn on one side, and Andrew Strom, on the other, very curious. Estreicher, King, and Sherwyn proposed that the National Labor Relations Board (NLRB) could be replaced by a super-appeals agency, while Strom advanced a more radical idea: creating Article III judges to adjudicate labor disputes. Estreicher et al dismissed this as a “non-starter.”
Estreicher et al‘s initial caution deserves credit. They are attempting to preserve a forum for labor disputes against the Roberts Court’s steady assault on the New Deal-era separation of powers. But their most persuasive claim — that there is little political appetite for creating a labor court — should not stop us from imagining,...
Report false claims to the LA County AB 218 Fraud Hotline at (844) 901-0001 LOS ANGELES — Los Angeles County District Attorney Nathan J. Hochman announced an investigation today into potentially fa...