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Articles 1 - 14 of 14
Full-Text Articles in Labor Relations
An Empirical Study Of Fast-Food Franchising Contracts: Towards A New "Intermediary" Theory Of Joint Employment, Kati L. Griffith
An Empirical Study Of Fast-Food Franchising Contracts: Towards A New "Intermediary" Theory Of Joint Employment, Kati L. Griffith
Kati Griffith
The “Fight for Fifteen and a Union” movement among fast-food workers and their allies has raised awareness about wage inequality in the United States. Rather than negotiating for better wages and working conditions with economically weak restaurant-level franchisees, the movement aims to affect the practices of what they view as the all-powerful brands—the franchisors. Few would dispute the notion that the franchisor brands, not their franchisees, set industry-wide standards and, thus, have the ability to offset rising wage inequality and improve working conditions. And yet, the movement has raised controversial law and policy questions about the legal responsibilities of these …
The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith
The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith
Kati Griffith
In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants in …
When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith
When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith
Kati Griffith
What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized …
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati Griffith
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati Griffith
Kati Griffith
[Excerpt] This Article endeavors to comprehensively outline the emerging field of immployment law. As this Article specifies below, this field broadly includes empirical, legislative, administrative, judicial, and other analytical inquiries and trends involving workers who bridge the divide between immigration law and workplace law. This Article also proposes directions for future research in this area. Namely, it raises a broad array of compelling questions that merit intensive scholarly, judicial, and policy analysis moving forward. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to …
Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith
Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith
Kati Griffith
[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old …
Perfecting Public Immigration Legislation: Private Immigration Bills And Deportable Lawful Permanent Residents, Kati Griffith
Perfecting Public Immigration Legislation: Private Immigration Bills And Deportable Lawful Permanent Residents, Kati Griffith
Kati Griffith
[Excerpt] This article examines why the historical relationship between immigration law and private bills has not continued following the enactment of the 1996 immigration laws for any of the affected immigrant groups. The article focuses on LPRs with criminal convictions in particular because their likelihood of deportation has increased dramatically as their access to executive discretion to avoid deportation has decreased. Since 1996, even if an LPR has lived in the United States since childhood, she can be subject to mandatory deportation for almost any criminal conviction – including misdemeanors, such as shoplifting or a bar fight. Since 1996, it …
Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith
Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith
Kati Griffith
It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa slaughterhouses to the rest …
Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith
Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith
Kati Griffith
[Excerpt] As we examine the criminalization of immigration, commonly referred to as “crimmigration” (Stumpf, 2006), it is essential to consider its impact on other areas of law and policy that involve immigrants but are not traditionally thought of as formal elements of either criminal law or immigration law. Why? As Hortensia’s story illustrates, crimmigration may unexpectedly affect protections and rights that relate to immigrants’ experiences but come from other areas of law and policy. This chapter explores the impact of crimmigration on labor standards enforcement. By labor standards enforcement, the chapter refers mainly to the wage and hour, health and …
U.S. Migrant Worker Law: The Interstices Of Immigration Law And Labor And Employment Law, Kati Griffith
U.S. Migrant Worker Law: The Interstices Of Immigration Law And Labor And Employment Law, Kati Griffith
Kati Griffith
The work visa program for temporary foreign workers in the United States is “not only the longest-running, but also the largest such program in the world.” Close to one million foreign workers receive work visas each year for both skilled and unskilled temporary jobs in the United States. Nevertheless, the number of foreign workers laboring in the United States that do not have the legal documentation necessary to work in the United States (“undocumented migrant workers”) dwarfs the number of temporary foreign workers that receive visas to work in the United States (“documented migrant workers”). As of 2008, there were …
Immigration Advocacy As Labor Advocacy, Kati Griffith
Immigration Advocacy As Labor Advocacy, Kati Griffith
Kati Griffith
[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.
Colonels And Industrial Workers In El Salvador, 1944-1972: Seeking Societal Support Through Gendered Labor Reforms, Kati Griffith, Leslie Gates
Colonels And Industrial Workers In El Salvador, 1944-1972: Seeking Societal Support Through Gendered Labor Reforms, Kati Griffith, Leslie Gates
Kati Griffith
[Excerpt] How do military regimes seek support or legitimacy from society? What strategies, besides violent repression, do military leaders use to remain in power? In other words, how do military leaders try to achieve hegemony? El Salvador’s long period of military rule (1931-1979) gives researchers ample opportunity to investigate the mechanisms whereby military regimes try to gain societal support. Erik Ching’s chapter shows that General Martinez’s regime sought support through locally based patron-client relationships. Some analysts of El Salvador’s subsequent military regimes find that these regimes pursued a political alliance with urban industrial workers in order to gain support. Nevertheless, …
Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith
Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith
Kati Griffith
[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints …
The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith
The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith
Kati Griffith
[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith
Kati Griffith
[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration …