Labor and Employment Law Commons^™

Title Vii And The #Metoo Movement, Rebecca White

Scholarly Works

The #MeToo movement has drawn unprecedented attention to sexual harassment in the workplace. But there is a disconnect between sexual harassment as popularly understood and sexual harassment as prohibited by Title VII. This Essay identifies those areas where the law and the public understanding of it most starkly diverge. These include the requirements of severity or pervasiveness, the issue of unwelcomeness, the availability of an affirmative defense for hostile work environment claims, and the time limits within which claims must be brought. Additionally, those making claims of sexual harassment fare poorly when they suffer retaliation for stepping forward. Internal complaints …

A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke

Maurer Theses and Dissertations

The Labor Law in China, enacted in 1994, was the first statute in China to stipulate dismissal protections. The Employment Contract Law, a more recent law that went into effect in January 2008, strengthened Chinese dismissal protections. For example, in the summary termination about the misconduct, this law only allows six instances for termination, and if a misconduct committed by an employee is not covered in these six instances, it is hard for an employer to discharge this employee legally.

In contrast, America has a more flexible employment law. In America, the doctrine of dismissal is dominated by the …

Criminal Employment Law, Benjamin Levin

Publications

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

Whose Gig Is It Anyway? Technological Change, Workplace Control And Supervision, And Workers' Rights In The Gig Economy, Alex Kirven

University of Colorado Law Review

Under the current regime of employment and labor laws, coverage is determined on the basis of whether a given worker is an employee as opposed to an independent contractor. These laws contain inadequate definitions of "employee," leaving it up to the court system and administrative agencies to define the term. The current tests that they use fail to capture the realities of the gig economy, a system that purports to promote greater worker freedom through the fragmentation of work assignments into smaller tasks or gigs. The gig economy has offered consumers lower prices and has given workers greater autonomy in …