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Full-Text Articles in Law
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
Chicago-Kent Law Review
Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers are included …
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague
Chicago-Kent Law Review
This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future—indeed the present—does not bode well for worker privacy.
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Chicago-Kent Law Review
Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …
Does Work Law Have A Future If The Labor Market Does Not?, Noah D. Zatz
Does Work Law Have A Future If The Labor Market Does Not?, Noah D. Zatz
Chicago-Kent Law Review
This Essay is based on the 37th Annual Kenneth M. Piper Lecture. It offers a new perspective on the much-discussed “future of work.” That discussion typically highlights changes within the labor market that undermine the employment relationship’s role as the bedrock for work regulation. But might something even deeper be afoot, namely the disintegration of “the labor market” itself? Several recent developments challenge the legal construction of employment as occurring wholly inside a distinctive, and distinctively economic, market sphere. This Essay considers Uber and the relationship between work and “sharing,” Hobby Lobby and the relationship between work and religion, the …
Employers As Risks, Amy B. Monahan
Employers As Risks, Amy B. Monahan
Chicago-Kent Law Review
In evaluating health and retirement security in the United States, much recent work has focused on shortcomings in individual decision making. For example, in explaining why 401(k) plans are suboptimal for achieving retirement security, a significant volume of literature has catalogued the mistakes individuals make when attempting to save for retirement through such plans. This article seeks to move the discussion of suboptimal decision making in a new direction, by focusing on the impact that employer decision making has on the ability of employees to achieve health and retirement security. The article argues that employer decision making regarding whether to …
The Great Recession And The Pressure On Workplace Rights, Katherine S. Newman
The Great Recession And The Pressure On Workplace Rights, Katherine S. Newman
Chicago-Kent Law Review
This paper explores the impact of the Great Recession on the rights of workers in the U.S. and overseas. While secular trends in play before the economic downturn began had already eroded employment benefits and workers’ right, recent economic conditions have exacerbated conditions for workers. With the Great Recession have come record levels of long term unemployment, a rise in the number of involuntary part-time workers, and a growth in the already high rates of youth unemployment. All of these conditions, along with the decline of union representation, have placed downward pressure on wages and forced workers to give back …
Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman
Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman
Chicago-Kent Law Review
This Article is based on the 2009 Kenneth M. Piper Lecture at the Chicago-Kent College of Law. The 2008–2009 financial meltdown and ensuing economic developments have shown three things about modern capitalism: First, that unfettered financial markets remain the Achilles heel of capitalism with the capability of destroying economic stability and bringing misery to all. Second, that high-powered incentives paid to "talent" in finance are a fundamental cause of the excessive risk-taking, chicanery, and financial fraud that contributes to instability. Without a new compensation system that rewards banking and finance for contributing to sustainable economic progress rather than for economic …
Corporate Self-Regulation And The Future Of Workplace Governance, Cynthia Estlund
Corporate Self-Regulation And The Future Of Workplace Governance, Cynthia Estlund
Chicago-Kent Law Review
American labor law has largely failed to deliver a viable mechanism for employee representation in workplace governance, while the ever-expanding body of employment law does not even attempt to do so. The resulting "democratic deficit" in the workplace is a problem in part because, without employee representation, the rights and labor standards mandated by employment law are widely under-enforced. But that very problem could point toward a solution. For while employment law does not aim to give employees a role in workplace governance, it has in fact fostered the growth of new governance mechanisms within firms in the form of …
The Transformation Of The Professional Workforce, Marion Crain
The Transformation Of The Professional Workforce, Marion Crain
Chicago-Kent Law Review
For professionals, work is not a commodity to be sold on the market, but a calling that constitutes personal identity while simultaneously conferring a relatively privileged class status. Historically, the professions avoided commodification through a social bargain in which they exchanged their professional expertise and dedication to public service for autonomy, the ability to self-regulate through peer review, and monopoly power over their knowledge base. Over the last twenty-five years, market instability and technological development have fundamentally altered the conditions under which this social bargain was formed, and the professional class has been transformed from self-employed to salaried employee status. …
Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias
Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias
Chicago-Kent Law Review
No abstract provided.
The Broken Promises Of The National Labor Relations Act And The Occupational Safety And Health Act: Conflicting Values And Conceptions Of Rights And Justice, James A. Gross
Chicago-Kent Law Review
No abstract provided.
Employee Privacy, American Values, And The Law, Matthew W. Finkin
Employee Privacy, American Values, And The Law, Matthew W. Finkin
Chicago-Kent Law Review
No abstract provided.
Privacy In The Workplace: How Well Does American Law Reflect American Values?, Alan F. Westin
Privacy In The Workplace: How Well Does American Law Reflect American Values?, Alan F. Westin
Chicago-Kent Law Review
No abstract provided.
Privacy In The Workplace, Kevin J. Conlon
Privacy In The Workplace, Kevin J. Conlon
Chicago-Kent Law Review
No abstract provided.
The Tensions Between Regulating Workplace Harassment And The First Amendment: No Trump, Nadine Strossen
The Tensions Between Regulating Workplace Harassment And The First Amendment: No Trump, Nadine Strossen
Chicago-Kent Law Review
No abstract provided.
Sexual Harassment Law And The First Amendment, Linda S. Green
Sexual Harassment Law And The First Amendment, Linda S. Green
Chicago-Kent Law Review
No abstract provided.
Worktime In Contemporary Context: Amending The Fair Labor Standards Act, Juliet B. Schor
Worktime In Contemporary Context: Amending The Fair Labor Standards Act, Juliet B. Schor
Chicago-Kent Law Review
No abstract provided.
The Overworked Canadian?, Brian Alexander Langille
The Overworked Canadian?, Brian Alexander Langille
Chicago-Kent Law Review
No abstract provided.
Labor Law Reform In A World Of Competitive Product Markets, Samuel Estreicher
Labor Law Reform In A World Of Competitive Product Markets, Samuel Estreicher
Chicago-Kent Law Review
No abstract provided.
The Ec Vs. Nafta: Levelling Up Vs. Social Dumping, Sheldon Friedman
The Ec Vs. Nafta: Levelling Up Vs. Social Dumping, Sheldon Friedman
Chicago-Kent Law Review
No abstract provided.
The Impact Of The Eec On Labor Law, Bernd Baron Von Maydell
The Impact Of The Eec On Labor Law, Bernd Baron Von Maydell
Chicago-Kent Law Review
No abstract provided.
The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss
The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss
Chicago-Kent Law Review
No abstract provided.
Unions Without Majority—A Black Hole?, Clyde Summers
Unions Without Majority—A Black Hole?, Clyde Summers
Chicago-Kent Law Review
No abstract provided.
Drug Testing In The Workplace: The Challenge To Employment Relations And Employment Law, Mark A. Rothstein
Drug Testing In The Workplace: The Challenge To Employment Relations And Employment Law, Mark A. Rothstein
Chicago-Kent Law Review
No abstract provided.
Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine
Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine
Chicago-Kent Law Review
No abstract provided.
Labor Law At The Crossroads, Gerald W. Mcentee
Labor Law At The Crossroads, Gerald W. Mcentee
Chicago-Kent Law Review
No abstract provided.
Retaliatory Discharge In Illinois: Recent Developments, Geri J. Yonover
Retaliatory Discharge In Illinois: Recent Developments, Geri J. Yonover
Chicago-Kent Law Review
No abstract provided.
Public Sector Impasse Resolution Procedures, Charles B. Craver
Public Sector Impasse Resolution Procedures, Charles B. Craver
Chicago-Kent Law Review
No abstract provided.
Interest Arbitration In The Public Sector, Robert G. Howlett
Interest Arbitration In The Public Sector, Robert G. Howlett
Chicago-Kent Law Review
No abstract provided.
Concession Bargaining, Thomas Miner