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Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry 2022 Saint Louis University School of Law

Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry

All Faculty Scholarship

This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...


How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy 2021 Villanova University Charles Widger School of Law

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Villanova Law Review

No abstract provided.


Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi 2021 Pepperdine University

Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi

Journal of the National Association of Administrative Law Judiciary

The inevitable transition to an automation-driven workforce, economy, and society is generating excitement in some and discomfort in others. Researchers have estimated that anywhere between 10—50% of today’s jobs are susceptible to automation. Furthermore, private firms are highly incentivized to adopt new technologies as a way to remain competitive in their respective markets. In anticipation of this potential economic paradigm shift, Congress requested the U.S. Government Accountability Office (GAO) to obtain more ascertainable data as to what is currently understood about how the adoption of advanced technologies will affect the U.S. workforce. Nine months after the ...


A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas 2021 Pepperdine University

A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California ...


The End “Goal” To The U.S. Women’S Soccer Team Equal Pay Lawsuit: Proposing A Resolution For Gender Equality By Examining The Equal Pay Laws For Male And Female Sports, Veronica Adams 2021 University of Miami School of Law

The End “Goal” To The U.S. Women’S Soccer Team Equal Pay Lawsuit: Proposing A Resolution For Gender Equality By Examining The Equal Pay Laws For Male And Female Sports, Veronica Adams

University of Miami Business Law Review

In March 2019, on International Women’s Day, 28 women on the U.S. Women’s Soccer Team filed a lawsuit against The U.S. Soccer Federation claiming gender discrimination, specifically in unequal payment between the men’s team and the women’s team. Players based the lawsuit on two grounds: (1) that U.S. Soccer violated the Equal Pay Act by paying the WNT less than the MNT; and (2) that the federation discriminated against the WNT under Title VII of the Civil Rights Act in regard to workplace conditions. The Federation claims that the men and women are ...


A More Pixelated Union: A Look At The Path To Unionization In The Video Game Industry Under Trump’S National Labor Relations Board, William C. Selfridge 2021 University of Miami School of Law

A More Pixelated Union: A Look At The Path To Unionization In The Video Game Industry Under Trump’S National Labor Relations Board, William C. Selfridge

University of Miami Business Law Review

In the past twenty years, the video game industry has become one of the largest entertainment industries not only in the United States but in the entire world. Yet as video game sales continue to increase at massive rates, it seems the conditions for those making the games have not improved with it, at least according to some in the know. While other entertainment industries have moved to unionize, those in the video game industry have yet to take that leap. To make matters worse, during the administration of President Donald J. Trump, the National Labor Relations Board (“NLRB”) shifted ...


It's Alright, Ma, It's Life And Life Only: Have Universities Been Meeting Their Legal Obligations To High-Risk Faculty During The Pandemic?, Gary J. Simson, Mark L. Jones, Cathren K. Page, Suzianne D. Painter-Thorne 2021 Pepperdine University

It's Alright, Ma, It's Life And Life Only: Have Universities Been Meeting Their Legal Obligations To High-Risk Faculty During The Pandemic?, Gary J. Simson, Mark L. Jones, Cathren K. Page, Suzianne D. Painter-Thorne

Pepperdine Law Review

Even those universities most firmly committed to returning to in-person instruction in fall semester 2020 recognized that for health reasons some exceptions would need to be made. The CDC had identified two groups—people age sixty-five and over and people with certain medical conditions—as persons "at increased risk of severe illness from COVID-19," and it had spelled out various special precautions they should take to avoid contracting the virus. Given the CDC's unique stature, universities very reasonably could have been expected to grant exceptions to faculty falling into either group, but that's not what many universities did ...


2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson 2021 William & Mary Law School

2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson

Popular Media

No abstract provided.


Interagency Coordination On Labor Regulation, Hiba Hafiz 2021 Boston College

Interagency Coordination On Labor Regulation, Hiba Hafiz

Boston College Law School Faculty Papers

After 9/11, Congress, federal agencies, and scholars exposed the devastating results of the national security agencies’ failure to coordinate. The financial crisis has been linked to similar coordination failures in the context of interagency banking regulation, with jurisdictional gaps and blind spots resulting in failure to prevent a global recession. But despite Gilded Age-levels of inequality, little attention has focused on the failures of interagency coordination to secure Americans’ access to economic opportunity through work—whether through securing higher wages and higher union density, coordinating government enforcement to achieve redistributive goals and combat consolidation of employer buyer power, or ...


A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett 2021 St. Mary's University School of Law

A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett

St. Mary's Law Journal

State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and ...


Working While Mothering During The Pandemic And Beyond, Nicole Buonocore Porter 2021 University of Toledo College of Law

Working While Mothering During The Pandemic And Beyond, Nicole Buonocore Porter

Washington and Lee Law Review Online

Although combining work and family has never been easy for women, working while mothering during the pandemic was close to impossible. When COVID-19 caused most workplaces to shut down, many women were laid off. But many women were forced to work from home alongside their children, who could not attend daycare or school. Mothers tried valiantly to combine a full day’s work on top of caring for young children and helping school-aged children with remote school. But many found this balance difficult, leading to women’s lowest workforce participation rate in over forty years. And even women who did ...


President Biden's Executive Order On Promoting Competition: An Antitrust Analysis, Herbert J. Hovenkamp 2021 University of Pennsylvania Carey Law School

President Biden's Executive Order On Promoting Competition: An Antitrust Analysis, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In July, 2021, President Biden signed a far ranging Executive Order directed to promoting competition in the American economy. This paper analyzes issues covered by the Order that are most likely to affect the scope and enforcement of antitrust law. The only passage that the Executive Order quoted from a Supreme Court antitrust decision captures its antitrust ideology well – that the Sherman Act:

rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing ...


Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi 2021 University of Pennsylvania Carey Law School

Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi

Faculty Scholarship at Penn Law

In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Unsurprisingly, the result won wide acclaim in the mainstream legal and popular media. Results aside, however, the reaction to Justice Neil Gorsuch’s majority opinion, which purported to ground the outcome in a textualist approach to statutory interpretation, was more mixed. The great majority of commentators, both liberal and conservative, praised Gorsuch for what they deemed a careful and sophisticated—even “magnificent” and “exemplary”—application of textualist ...


A Miser’S Rule Of Reason: Student Athlete Compensation And The Alston Antitrust Case, Herbert J. Hovenkamp 2021 University of Pennsylvania Carey Law School

A Miser’S Rule Of Reason: Student Athlete Compensation And The Alston Antitrust Case, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The unanimous Supreme Court decision in NCAA v. Alston is its most important probe of antitrust’s rule of reason in decades. The decision implicates several issues, including the role of antitrust in labor markets, how antitrust applies to institutions that have an educational mission as well as involvement in a large commercial enterprise, and how much leeway district courts should have in creating decrees that contemplate ongoing administration.

The Court accepted what has come to be the accepted framework: the plaintiff must make out a prima facie case of competitive harm. Then the burden shifts to the defendant to ...


Social Encyclicals And The Worker: The Evolution Of Catholic Labor Schools In Pennsylvania, Paul Lubienecki, PhD 2021 Boland Center for the Study of Labor and Religion

Social Encyclicals And The Worker: The Evolution Of Catholic Labor Schools In Pennsylvania, Paul Lubienecki, Phd

Journal of Catholic Education

Many often identified the Catholic Church with the cause of labor and worker’s rights in the United States. However that was not the common situation encountered by laborers throughout most of the nineteenth century. The proclamation of the social encyclicals: Pope Leo XIII’s Rerum Novarum (1891) and Pope Pius XI’s Quadragesimo Anno (1931) elevated the status of the worker, endorsed worker associations and placed the Catholic Church as an advocate of worker’s rights. But for the worker to clearly understand this change as well as his rights and duties education was vital. For workers in Pennsylvania ...


Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris 2021 Texas A&M University School of Law

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning ...


A Wrinkle In Title Vii: Rigid Evidentiary Requirements And Inadequate Causation Tests Trammel Women's Sex-Plus-Age Claims, Lindsey Cook 2021 Villanova University Charles Widger School of Law

A Wrinkle In Title Vii: Rigid Evidentiary Requirements And Inadequate Causation Tests Trammel Women's Sex-Plus-Age Claims, Lindsey Cook

Villanova Law Review

No abstract provided.


Book Review Of: Blackett, A. (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge To International Labor Law, Hina B. Shah 2021 Golden Gate University School of Law

Book Review Of: Blackett, A. (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge To International Labor Law, Hina B. Shah

Publications

Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. A. Blackett (2019). Everyday Transgressions: Domestic Workers’ Transnational Challenge to International Labor Law. Ithaca, NY: ILR Press, an Imprint of Cornell University Press. 287 pp. $23.95 (paper).

Reviewed by: Hina B. Shah, Women’s Employment Rights Clinic, Golden Gate University, San Francisco, CA, USA

One in every twenty-five women workers worldwide is a domestic worker. They are largely invisible, undervalued, and lack the most basic labor protections. Professor Blackett’s book, Everyday Transgressions, tackles this invisibility head on and provides a much-needed conceptual framing that lays bare the inequities ...


Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams 2021 Georgetown University Law Center

Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Boston College Law Review

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen 2021 William & Mary Law School

Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen

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

The National Labor Relations Board (NLRB) made a number of significant changes to the interpretation and enforcement of the National Labor Relations Act (NLRA or the Act) under the Trump administration. The collective impact of these changes may make it more difficult for workers to bring successful unfair labor practice charges against their employers. Although NLRB case decisions and rulemaking affect a large proportion of American workers, the significance of these policy changes is often not widely recognized. This Note will examine one such change—the Board’s 2019 Alstate Maintenance decision that overturned its 2011 decision in WorldMark by ...


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