Protecting Worker Power with Antitrust

Workers principally have two ways to exercise power in the labor market: exit and voice (as labor scholar and former Department of Labor Administrator David Weil has explained). Labor law is concerned with worker voice, namely the right of workers to engage in concerted action to exercise power in their workplace. But worker exit is an important part of the equation too. Worker exit is workers’ ability to shop between employers for fair wages and improved working conditions.

 

Considering that the labor market is currently plagued by systemic suppression of worker power resulting in wage stagnation, labor lawyers and policymakers should be using every tool we have to advance the interests of workers. We at Towards Justice and Justice Catalyst have increasingly found that antitrust laws, and the agencies that enforce those laws, are an area with untapped potential to build worker power and promote worker exit…

 

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Protecting Worker Power with Antitrust