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Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
Maine Law Review
Labor rights in countries with predominantly free market economies have generally passed through three stages--repression, tolerance, and recognition. In the United States, nineteenth-century state and federal governments repressed labor unions by making conduct, such as workers banding together for higher wages, subject to criminal penalty and civil liability. Courts paved the way for tolerating labor unions by overruling repressive precedents. By the early twentieth century, Congress followed suit by legislatively exempting unions from certain legal liabilities. In 1935, Congress enacted Section 7 of the National Labor Relations Act (NLRA), marking the first formal federal government recognition of employees' “right to …
Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne
Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne
Chicago-Kent Law Review
Ride-sharing companies such as Uber Technologies Inc. (“Uber”) have revolutionized the ride-sharing industry. In the realm of employment classification, Uber has a substantial financial motivation to classify its drivers as independent contractors because it frees Uber from financing workers’ compensation programs, payroll taxes, and employee benefit programs. Others argue that Uber should not be able to escape such direct liabilities. In light of this ongoing debate, the U.S. District Court for the Northern District of California has recently denied Uber’s class-action settlement agreement, thereby preserving the issue of whether Uber drivers should be classified as employees or independent contractors. Federal …
The Strong Do As They Can: How Employment Group-Action Waivers Alienate Employees, Matthew B. Seipel
The Strong Do As They Can: How Employment Group-Action Waivers Alienate Employees, Matthew B. Seipel
Labor & Employment Law Forum
No abstract provided.
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
American University Law Review
No abstract provided.
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
American University Law Review
No abstract provided.
Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt
Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt
Marquette Sports Law Review
None
Agency Law And The New Economy, Mark J. Loewenstein
Agency Law And The New Economy, Mark J. Loewenstein
Publications
This article considers the status of workers in the "new economy," defined as the sharing economy (e.g., Uber, Lyft) and the on-demand economy. The latter refers to the extensive and growing use of staffing companies by established businesses in many different industries to provide all or a portion of their workforce. Workers in both the sharing economy and the on-demand economy are, generally speaking, at a disadvantage in comparison to traditional employees. Uber drivers, for example, are typically considered independent contractors, not employees, and therefore are not covered under federal and state laws that protect or provide benefits to employees. …