Digital Commons Network^™

New Labor Viscerality? Work Stoppages In The "New Work" Non-Union Economy, Michael C. Duff

Saint Louis University Law Journal

COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provide a recent dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act (“NLRA”). This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between NLRA § 7 and § 502 work stoppages. Crucially, and contrary to § 502 work stoppages, the health and safety-related …

Data Battles, Platform Shutdowns, And Digital Rights In Surveillance: Labor Politics In The Online Sex Industry, Winifred R. Poster

Saint Louis University Law Journal

Sex workers are often portrayed as groups with little authority over their jobs. But lately they are making much use of online spaces, both large scale public-facing platforms and their own smaller websites. Taking a deeper ethnographic look into their online activities, I recount a story of highly adept, technologically proficient, and expert digital navigation by sex workers online.

The analysis follows the trajectory of platforms in the online sex industry over the last two decades. First it charts the rise of platforms for matching, reviewing, and identity verification, many of which developed roughly around the 2000s, and their impact …

People Analytics And Invisible Labor, Miriam A. Cherry

Saint Louis University Law Journal

No abstract provided.

Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie

Saint Louis University Law Journal

No abstract provided.

The Capstone Course In Labor And Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, And Professionalism, Laura J. Cooper

Saint Louis University Law Journal

No abstract provided.

Constructing A Comprehensive Curriculum In Labor And Employment Law, Martin H. Malin

Saint Louis University Law Journal

No abstract provided.

Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore

Saint Louis University Law Journal

No abstract provided.

A Data-Driven Snapshot Of Labor And Employment Law Professors, Richard A. Bales

Saint Louis University Law Journal

This Article provides a data-driven snapshot of the law school faculty members who teach Labor and Employment Law. Among its findings are the following:

• The teaching of Labor Law is declining and the teaching of Employment Law is rising.
• Men dominate the teaching of Labor Law, but women have mostly narrowed the gap in Employment Law.
• The other courses taught by Labor and Employment Law faculty members are highly sex-segregated. For example, Employment Law faculty members who also teach Family Law or Property are overwhelmingly likely to be women, and Employment Law faculty members who also teach Constitutional Law, Civil …

Of Labor Inspectors And Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help), César F. Rosado Marzán

Saint Louis University Law Journal

No abstract provided.

Regional Trade Arrangements And Labor Liberalization: (Lost) Opportunities For Experimentation?, Karen E. Bravo

Saint Louis University Public Law Review

No abstract provided.

Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie

All Faculty Scholarship

In 2007 private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union (SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as the union's negotiations with private equity firms. It argues …

Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry

All Faculty Scholarship

Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.

I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …

Ending Child Labor: A Role For International Human Rights Law?, James J. Silk, Meron Makonnen

Saint Louis University Public Law Review

No abstract provided.