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Full-Text Articles in Law
Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky
Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky
Catholic University Law Review
A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of “employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The same political forces and policy considerations which molded A.B.5 in California will have similar effects in other states and in the …
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. …
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Golden Gate University Law Review
This note discusses applicable principles and law in sexual harassment cases, including Title VII, Equal Employment Opportunity Commission Guidelines, agency principles, and case law that illustrate two primary approaches taken by the courts in determining the standard for employer liability. This section also discusses relevant portions of the first Supreme Court case to address sexual harassment under Title VII. Section III discusses the facts that gave rise to EIlerth's sexual harassment claims. Section IV discusses the procedural history of Ellerth's case, including the district court's decision, the decision of the Seventh Circuit panel that heard Ellerth's appeal and the en …
Guilty Knowledge, Daniel S. Kleinberger
Guilty Knowledge, Daniel S. Kleinberger
Faculty Scholarship
Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Publications
No abstract provided.