Law Commons^™

Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff

South Carolina Law Review

No abstract provided.

Chronic Harm, Ann Kennedy

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

Sara Slinn

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …

Scientific Knowledge Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.

Alternative Remedies For Undocumented Workers Left Behind In A Post-Hoffman Plastic Era, Rachel S. Steber

Catholic University Law Review

Congress enacted the National Labor Relations Act (NLRA) in 1935 in order to level the bargaining power of employees and employers to prevent burdening the flow of commerce and depressing workers’ wages. The NLRA vests the administration of promulgating the goals of the NLRA in the National Labor Relations Board (Board), broadly stating that the Board should take such affirmative action as necessary to effectuate the policies of the Act.

In 1935, however, Congress could not predict the future demographic makeup of the American workforce, and in its definition of an “employee” as covered under the NLRA, the statute makes …

The Compliance Process, Veronica Root Martinez

Journal Articles

Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of …

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack

Articles & Book Chapters

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack

Eric M. Tucker

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Eeoc V. Abercrombie & Fitch: Mistakes, Same-Sex Marriage, And Unintended Consequences, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

The Rise And Fall Of Private Sector Unionism: What Next For The Nlra?, Jeffrey M. Hirsch, Barry T. Hirsch

Jeffrey M. Hirsch

No abstract provided.

The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Nlrb Elections: Ambush Or Anticlimax?, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

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.

Labor Unions, Solidarity, And Money, Marion G. Crain, Ken Matheny

Scholarship@WashULaw

For labor, 2018 was a year of highs and lows. A wave of teachers’ strikes in states traditionally hostile to public sector labor unionism and collective bargaining garnered widespread popular support. The passions animated by the strikes were credited with inspiring a range of progressive political shifts, including the rollback of right to work laws in Missouri and new challengers running on education platforms aimed at increasing investment in public education. Less than three months later, the Supreme Court issued its decision in Janus v. AFSCME, Council 31 invalidating agency fees that public sector unions relied on to cover costs …

When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law, Ifeoma Ajunwa

Saint Louis University Law Journal

Recent work technology advancements such as productivity monitoring software applications and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Article, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I argue that productivity monitoring applications will prompt a reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …

Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su

Rick Su

The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …

Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen

Peer Zumbansen

This paper engages the concept of transnational law (TL) in a way that goes beyond the by now accustomed usages with regard to the development of legal norms and the observation of legal action across nation-state boundaries, involving both state and nonstate actors. The concept of TL can serve to illustrate much further-reaching set of developments in norm creation and legal regulation. TL is here understood not only as a body of legal norms, but it is also employed as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case of …

Wage Theft As Public Larceny, Elizabeth J. Kennedy

Brooklyn Law Review

Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …