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Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper
Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper
Faculty Scholarship
The theses of this Article shall be developed in the following manner. Part I shall explain how conditional age-based exit incentive windows can be used by employers to achieve indirectly what the ADEA clearly prohibits when accomplished directly: the removal from employment of a group of employees chosen, at least in part, on the basis of their age. This Part further explains how this removal is accomplished by effectively inducing employees to waive prospectively their future ADEA protection. Part II analyzes the treatment of age-based conditional exit incentives by the courts before the passage of the OWBPA, stressing that the …
Efficiency And Labor Law, Keith N. Hylton
Efficiency And Labor Law, Keith N. Hylton
Faculty Scholarship
In this Article, I examine the economic efficiency of labor law. My claim is that much of labor law seems to be efficient-in a sense that will be made precise below.9 I approach this issue by examining the process by which labor law develops and some important areas of labor law doctrine. The central question addressed is whether the process by which labor law develops differs substantially from the common law process. I demonstrate that there are differences that have implications for the efficiency of labor law. But the differences do not seem to be so great as to …