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Age Discrimination In The On-Demand Economy And Crowdwork, Miriam A. Cherry
Age Discrimination In The On-Demand Economy And Crowdwork, Miriam A. Cherry
Faculty Publications
(Excerpt)
The dominant narrative about the on-demand or gig economy focuses on the plight of Millennials, the generation born between 1982 and 2004. Reporters, bloggers, and commentators have largely confined their account of gig platforms to what the on-demand economy means for Millennials who are just beginning their careers. Media sources have spotlighted the hardships facing young, tech-savvy workers who are forced to cobble together a living through a combination of part-time work, entrepreneurial activities, and insecure gigs online. These sources note that these Millennials are barely scraping by and often lack job security or benefits. When discussing the problems …
A Negotiation Approach To Mandatory Arbitration Contracts, Miriam A. Cherry
A Negotiation Approach To Mandatory Arbitration Contracts, Miriam A. Cherry
Faculty Publications
(Excerpt)
In Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc. the First Circuit addressed whether a pre-dispute mandatory arbitration contract covered employment claims under Title VII and the Age Discrimination in Employment Act (ADEA) and was thus enforceable. The court held that while these types of arbitration contracts are theoretically enforceable, this particular contract was not. The First Circuit determined that the 1991 Civil Rights Act and the Older Worker's Benefit Protection Act did not preclude the enforcement of mandatory arbitration contracts, and that there was an insufficient showing of arbitral bias to prevent the contract's enforcement. The court, …