Law Commons^™

Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid, Kim A. Aquino

Brooklyn Law Review

The rapidly aging population, along with the demand for innovative Medicare delivery models such as bundled payment programs have incentivized the use of technology in healthcare because of its potential to cut costs and improve quality of care. Like many industries embracing technological strides to automate and digitize services, the healthcare industry has welcomed new labor markets like the platform economy to facilitate connections between patients and workers with ease. Along with streamlining connections, the platform economy also promises workers flexibility and autonomy over their own schedule. The platform economy’s promise of freedom, however, is not enough to prevent the …

Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes

Catholic University Law Review

The current National Labor Relations Board ("Board') since 2018 has indicated an interest in changing the law on employee representation by unions in the construction industry, culminating in a final rule issued on April 1, 2020. As the article discusses, this proposal is likely to have effects in many industries other than construction, because many other industries in the U.S. are becoming more like the construction industry has long been. The Board’s rule has changed what's required for a construction union to remain the representative of a construction employer's employees, which the Board justified as serving "employee choice" about union …

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.

Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt

Marquette Law Review

Recent developments have exacerbated informational asymmetry between

employers and workers. Employers increasingly use “black box” automateddecision

systems, such as machine learning processes where algorithms are

used in recruitment and hiring. They have technological tools that enable

intense monitoring of workers. Contemporary work relationships have

changed, with trends toward remote and scattered worksites. Employees are

more frequently bound by nondisclosure agreements, non-disparagement

provisions, and mandatory arbitration agreements. These developments have

made it more difficult for workers to communicate with each other and to act

collectively.