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Full-Text Articles in Law
Utah Antidiscrimination Efforts: Shortcomings, Challenges, And The Way Forward, Greta L. Asay
Utah Antidiscrimination Efforts: Shortcomings, Challenges, And The Way Forward, Greta L. Asay
Brigham Young University Prelaw Review
Despite being a pro-business state, Utah is not considered employee-friendly; employment discrimination is prevalent, in spite of the state and federal laws in place to protect against it. The state agency that is in place to safeguard employees against unlawful discrimination is the Utah Antidiscrimination and Labor Division (UALD), established by the Utah Antidiscrimination Act (UADA). While the UALD has the potential to be a powerful legal guardrail for employees, it currently is not fulfilling this potential. This paper explores the shortcomings of the UALD and argues that changes should be made to strengthen the authority of the UADA.
The Gig-Economy War: The Drive Towards Regulating Rideshare Employment Misclassification, Inae Cavalcante
The Gig-Economy War: The Drive Towards Regulating Rideshare Employment Misclassification, Inae Cavalcante
Brigham Young University Prelaw Review
With the emergence of the gig-economy, the doctrine distinguishing independent contractors from employees has never been more relevant in the state of California. Currently, the state faces a legal battle regarding employment misclassification of rideshare apps’ drivers, specifically Uber Technologies. While many believe that drivers should be entitled to the label of employee and receive benefits and protections under the California Labor Code, the law is not tailored to this new market and renders itself ambiguous. Although many solutions were presented in the past, such as the Borello Test, the ABC Test, Assembly Bill 5, and Proposition 22, no employment …