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Full-Text Articles in Labor and Employment Law
Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout
Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout
Michigan Business & Entrepreneurial Law Review
When we file federal taxes, our individual tax burdens are affected by whether our employers and the IRS classify us as “employees” or “contractors.” Today, that distinction is not a neat one. Classifying workers as “employees” or “contractors” belies increasing similarities—like the ability to work remotely during the COVID-19 pandemic—between those classifications. With those increasing similarities in mind, this Note makes two arguments about the employee / contractor distinction in federal tax law. First, federal tax law draws an increasingly arbitrary and unfair line between employees and contractors given the modern substantive convergence of work done as an “employee” or …
The Four Pillars Of Work Law, Orly Lobel
The Four Pillars Of Work Law, Orly Lobel
Michigan Law Review
In our contemporary legal landscape, a student wishing to study the law of the workplace has scarce opportunity to encounter an integrated body of scholarship that analyzes the labor market as the subject of government regulation, contractual duties, collective action, and individual rights. Work law developed in the American legal system as a patchwork of common law doctrine, federal and state statutes, and evolving social norms. Typical law school curricula often include courses relating to the four pillars of work law: "employment law," "labor law," "employment discrimination," and some variation of a tax-oriented "employee-benefits law." Employment law, in most categorizations, …
The Uncompensated Industrial Injury, Stanley Law Sabel
The Uncompensated Industrial Injury, Stanley Law Sabel
Michigan Law Review
Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.