Worker Protection

Worker Protection

The ACS State Attorneys General Project develops, collects, and disseminates legal resources highlighting and examining the authority and actions of state attorneys general in key policy areas. This page collects resources related to worker protection.

State Attorneys General Guidance to Public Sector Employers/Employees after Janus v. AFSCME Council 31

A collection of recent guidance documents issued by state attorneys general advising public sector employers, employees, and employee unions of their rights and responsibilities after the United States Supreme Court’s decision in Janus v. AFSCME Council 31 (2018).

Office of the Illinois Attorney General, Overuse of Non-Competition Agreements: Understanding How They are used, Who they Harm, and What State Attorneys General Can Do To Protect The Public Interest (June 2018).

Prepared by Lisa Madigan, former Attorney General of the State of Illinois and Jane Flanagan, former Chief, Workplace Rights Bureau for: Unrigging the Market: Convening to Restore Competitive Labor Markets, Harvard Law School.

Washington State Attorney General’s Office, 2019 Labor Day Report: Report on the AGO’s Worker Protection Initiative

State and Local Enforcement Project, Labor and Worklife Program: Harvard Law School

The Enforcement Project works with government agencies and officials engaged in enforcing workplace laws. For more information, click on the link above.

See also State AGs Protecting Workers' Rights Roundtable (video) (October 26, 2020)., Labor

Database from that includes a variety of resources on State AG labor-related cases and investigations.

Jane Flanagan, No Exit: Understanding Employee Non-Competes and Identifying Best Practices to Limit Their Overuse, American Constitution Society Issue Brief (Nov. 2019).

Terri GersteinWorkers' Rights Protection and Enforcement By State Attorneys GeneralEconomic Policy Institute (August 27, 2020).

Jane Flanagan, Terri Gerstein & Patricia Smith, How States and Localities Can Protect Workplace Safety & HealthHarvard Law School Labor & Worklife Program & National Employment Law Project (May 2020).

This paper provides a basic explanation of OSHA preemption and describes some potential sources of authority and avenues for action by states and localities wishing to protect working people in their jurisdictions.

Terri Gerstein and Marni von Wilpert, State Attorneys General Can Play Key Roles in Protecting Worker's Rights, Economic Policy Institute (May 7, 2018).

This report describes some of the ways state attorneys general have been involved in protecting workers' rights.

Daniel Wiessner, Calif. AG Moves to Sink Uber, Postmates’ Bid to Block Worker Classification Law, Reuters (Jan. 21, 2020)

See, Celine McNicholas & Margaret Poydock,How California’s AB5 Protects Workers From Misclassification, Economic Policy Institute (Nov. 14, 2019)

Terri GersteinHow State Attorneys General are Protecting Workers During the Coronavirus PandemicACS Expert Forum (Apr. 3, 2020).

Andy Beshear, Kentucky Must Keep the Promise on Pensions for Teachers, Police, State Workers, ACS Expert Forum (Apr. 30, 2018).