Be Careful What You Wish For: The Risks of Competitive Labor Federalism for Pro-Union States
In early April, a California legislative committee convened to consider AB 288, a bill that...
Labor & Employment Law Practice Group
In early April, a California legislative committee convened to consider AB 288, a bill that...
In a recent article, economists from George Mason’s Mercatus Center surveyed a persistent but little-noted...
President Trump issued a sweeping executive order removing a large chunk of the federal government...
On its face, FCC v. Consumers’ Research seems to have nothing to do with labor...
In recent years, a number of conservative leaders have begun building relationships with organized labor....
Member, Federal Service Impasses Panel, Federal Labor Relations Authority
Thomas Beck was appointed as a member of the Federal Service Impasses Panel (FSIP) on July 9, 2026. Previously, he was Senior Adviser to Littler Mendelson’s Workplace Policy Institute. He spent 13 years as Vice President, Labor and Employee Relations for HCA Healthcare, the largest healthcare system in the United States, with approximately 300,000 employees, 36,000 of whom are represented by labor unions. Before joining HCA, he served for four years as a Member of the Federal Labor Relations Authority, having been appointed to the agency and designated as its Chairman by President George W. Bush. Prior to his time at the FLRA, Thomas was a partner with global law firm Jones Day, where he practiced primarily labor and employment law for 16 years. During his time with Jones Day, Thomas counseled large employers in the telecommunications, manufacturing, healthcare, retail, and transportation sectors on collective bargaining and other labor relations matters.
Thomas handled the “labor portfolio” in both Trump presidential transitions, which included advising on workplace policy and recommending to the president-elect individuals to serve in senior leadership at the Department of Labor, National Labor Relations Board, Equal Employment Opportunity Commission, and Occupational Safety and Health Review Commission.
He has testified on labor law reform in the United States Senate.
In addition to his work in labor law and labor-management relations, Thomas has taught law school courses on separation of powers and statutory interpretation. He is the author of the legal casebook, Constitutional Separation of Powers: Cases and Commentary, and several opinion pieces such as Artificial intelligence will change jobs, not erase them, Washington Times,1/5/26; How Trump Can Impound Money, WSJ, 6/12/25; The Constitution empowers the president to pardon civil offenses, The Hill, 6/11/25; Congress Ought to at Least Show Up to Vote, WSJ, 4/23/13; Why U.S. Credit Rating Doesn’t Matter, Politico, 7/29/11; Military Commissions: Fundamentally Just, National Law Journal, 5/23/11
Thomas is a graduate of the University of Virginia School of Law.
Professor of Practice and Executive Director, Center for Labor and a Just Economy, Harvard Law School
Sharon Block is a Professor of Practice and Executive Director of the Center for Labor and a Just Economy at Harvard Law School. Prior to returning to Harvard, she served as the senior official delegated the duties of the Administrator of the Office of Information and Regulatory Affairs in President Joe Biden’s White House. She also served as a senior advisor to the Biden-Harris Transition team, providing advice to the policy, OMB and Labor Agency Review teams on labor, worker empowerment and regulatory policy and participating in briefing and hearing preparation for nominees.
From 2017 to 2021, Block led the Labor and Worklife Program. During this time, she launched the Clean Slate for Worker Power project, which is a comprehensive policy initiative focused on fundamental redesign of labor law with the aspiration to enable all working people to create the collective economic and political power necessary to build an equitable economy and politics.
For twenty years, Block has held key labor policy positions across the legislative and executive branches of the federal government. In the Obama Administration, she was the Principal Deputy Assistant Secretary for Policy at the U.S. Department of Labor and Senior Counselor to the Secretary of Labor Tom Perez. In 2012, President Obama appointed her to serve as a member of the National Labor Relations Board. While serving in the Obama White House as Senior Public Engagement Advisor for Labor and Working Families, Block led the historic White House Summit on Worker Voice, which explored ways for workers to fully participate in their economic future. At the President’s direction, Block also conducted a series of regional worker voice summits across the country. Prior to the Obama Administration, she was senior counsel to the Senate HELP committee under Senator Edward Kennedy, playing a central role in the debate over the Employee Free Choice Act.
Block writes frequently on labor, employment and administrative law topics. She is a senior contributor to OnLabor.org and her opinion pieces have appeared in the New York Times, Washington Post, Fortune, The American Prospect, The Hill, USA Today, Forbes, and Newsweek.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Principal, JacksonLewis
Marvin Kaplan is a principal in the New York City, New York, office of Jackson Lewis P.C.
Marvin, a former Chairman of the National Labor Relations Board (NLRB), advises clients on labor and employment issues, focusing on union organizing and labor-management relations. Over his eight years on the NLRB, Marvin participated in over 900 decisions, including decisions addressing the lawfulness of captive audience speeches and work rules, and the standards for determining the composition of a bargaining unit and whether an individual is an independent contractor, and several rulemakings, defining a joint-employer and laying out procedures governing representation elections.
Prior to his time on the NLRB, he served as Chief Counsel at the Occupational Safety and Health Review Commission and a Special Assistant at U.S. Department of Labor. His cross-disciplinary experience makes Marvin particularly well-suited to advise clients on strategic business planning.
His experience at all levels of government in different agencies and branches, including the U.S. House of Representatives, provides a unique perspective on Congressional oversight, legislation, regulations and federal investigations—enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that could impact their organizations.
He is a graduate of Cornell University and Washington University in St. Louis Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Partner, Boyden Gray PLLC
Jimmy Conde is partner at Boyden Gray PLLC, specializing in energy, environmental, and administrative law, with particular expertise in the Clean Air Act. He has protected clients against agency overreach in cutting-edge and complex legal proceedings, including challenges to EPA, DOE, DOT, and California rules seeking to compel electrification of motor vehicles, the FCC’s universal service fund, Department of Labor Wage & Hour Division rules, and HHS rules interfering with the practice of medicine and sound insurance practices. His written commentary has been published and referenced in the Wall Street Journal, the Washington Examiner, Concurrences (an antitrust publication), and Newsweek, among others.
Mr. Conde began his legal career as an associate with Boyden Gray PLLC. He clerked for Judge Douglas H. Ginsburg in the U.S. Court of Appeals for the D.C. Circuit and Judge David J. Porter in the U.S. Court of Appeals for the Third Circuit.
Associate Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Maria C. Monaghan is associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, she handles a variety of litigation matters for the Chamber.
Before joining the Litigation Center, Monaghan practiced as an associate in the D.C. office of Gibson, Dunn & Crutcher LLP. She represented clients in the telecommunications, energy, transportation, and e-commerce sectors, with a focus on appellate litigation and regulatory matters.
Monaghan served as a law clerk to the Honorable Samuel A. Alito of the United States Supreme Court, the Honorable Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit, and the Honorable Amul R. Thapar of the U.S. Court of Appeals for the Sixth Circuit. She graduated Order of the Coif from the University of Virginia School of Law, where she served as Articles Development Editor for the Virginia Law Review and participated in the Supreme Court Litigation Clinic. She received her undergraduate degree in Human Resource Management and Labor Studies from Rutgers University.
Senior Counsel, America First Legal Foundation
James Rogers is Senior Counsel at America First Legal Foundation, where he litigates in a number of areas, including border security, election integrity, parental rights, and administrative and constitutional law. Before joining America First Legal, from 2021 to 2022, he was Senior Litigation Counsel at the Solicitor General’s Office of the Arizona Attorney General’s Office. While there, he spearheaded lawsuits against the Biden Administration’s destructive open borders policies and its COVID19 vaccine mandates. From 2015 to 2021, James was a Foreign Service Officer at the U.S. Department of State, where he worked in the Office of the Assistant Legal Advisor for Consular Affairs, at the U.S. Consulate in Porto Alegre, Brazil, and at the U.S. Embassy in Windhoek, Namibia.
Prior to joining the Department of State, he was a commercial litigation partner at Osborn Maledon, a Phoenix-based firm with a #1 litigation ranking from Chambers and Partners. James earned a J.D. from Harvard Law School in 2009, an L.L.M. in International Law from the University of Cambridge in 2008, and a B.A., with honors, in International Studies from Brigham Young University in 2005. He is a sixth-generation Arizonan and lives in Mesa, Arizona, with his four children.
Partner, Marshall, Gerstein & Borun LLP
Ryan Schermerhorn is a registered patent attorney in the firm's Industrial & Mechanical Technologies Practice Group. His engineering background provides him with an understanding of clients’ technologies and enables him to effectively and efficiently provide a range of patent procurement services. He also leverages his experience to assist on intellectual property litigation as well as develop strategies for acquiring and protecting intellectual property.
Since 2017, Ryan has been listed as an "Emerging Lawyer" by Emerging Lawyers Magazine and has been selected for inclusion in the Illinois Rising Stars® lists. Ryan was recognized in Chicago Daily Law Bulletin's 2023 40 Under Forty list. Since 2024, Ryan has been selected for inclusion in The Best Lawyers in America© list in the practice areas of Litigation - Patent and Patent Law. In 2025, Ryan was selected by the Law Bulletin Publishing Company’s Leading Lawyer Network as a “Leading Lawyer.”
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Alyssa Hazelwood is a staff attorney at the National Right to Work Foundation.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Chief of Staff and Attorney Advisor, FTC Commissioner Mark Meador
John Ehrett is Chief of Staff and Attorney Advisor to FTC Commissioner Mark Meador. He previously served as Senior Counsel at the U.S. Department of Education and Chief Counsel to U.S. Senator Josh Hawley. Prior to that, he was an associate at Gibson Dunn and a law clerk to Judge James Ho on the Fifth Circuit Court of Appeals and Judge Alex Kozinski on the Ninth Circuit Court of Appeals. He is a graduate of Yale Law School and Patrick Henry College.