Beyond the race to the bottom: Reforming labor law preemption to allow state experimentation

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Scopus citations


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.

Original languageEnglish (US)
Title of host publicationThe Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
PublisherCambridge University Press
Number of pages10
ISBN (Electronic)9781108610070
StatePublished - Jan 1 2019
Externally publishedYes

Bibliographical note

Publisher Copyright:
© Cambridge University Press 2020.


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