Law Commons^™

Day Worker Center: Employer And Client Engagement, Anayeli Avalos

Capstone Projects and Master's Theses

The Day Worker Center of Santa Cruz County is a component of the Community Action Board (CAB), a non-profit organization that has been providing services to eliminate poverty. CAB offers the program, administrative, and fiscal oversight to the Day Worker Center. The County of Santa Cruz is facing a high rate of unemployment, which is affecting the community. What contributes to the problem is low awareness of community knowledge about employment services. Also, the undocumented community that finds it hard to trust services because they think they can get deported. In addition, the issue can cause consequences such as health …

The Gig Economy: An Annotated Bibliography, Matthew L. Timko

Northern Illinois University Law Review

Companies like Uber, Lyft, Postmates, Airbnb, and others have become established within society, to the point that Uber has become a regularly used verb. While the consumer benefits of these companies has been immediate, the legal implications remain far murkier. This emerging market has demonstrated that the twentieth century laws are unable to cope with these twenty-first century businesses in regard to employee rights, employer responsibilities, consumer protections, and federal and state regulations. This bibliography presents the primary and secondary sources which are essential to understanding what has been termed the "gig economy" so that readers have a background of …

Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter

Northern Illinois University Law Review

Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law. But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for …

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

Ariana R. Levinson

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

Unicorn Stock Options - Golden Goose Or Trojan Horse?, Anat Alon-Beck

Faculty Publications

Large privately held startups valued at $1 billion or more (“unicorns”) are dealing with employees’ conflicts of expectations due to the illiquidity of the shares of stock acquired upon exercise of their options.

Until about eight years ago, many talented workers chose to work for a startup company for a lower cash salary combined with a substantial stock option grant, and the dream of cashing out for a large sum of money after an initial public offering (“IPO”) of the startup’s stock.

Today, unicorns remain private for extended periods of time in part because they are often no longer dependent …

The Role Of Fault In § 1983 Municipal Liability, Michael Wells

Scholarly Works

Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …

The Ilo At 100: Institutional Innovation In An Era Of Populism, Laurence R. Helfer

Faculty Scholarship

The centenary of the International Labor Organization (ILO) provides an opportunity to take stock of the organization’s many achievements. But the centenary also calls for a clear-eyed assessment of the profound challenges that the ILO currently faces – including the growth of the informal and gig economies, digitization and automation, and rising material inequality – and the populist ferment that those trends have helped to engender. This essay, part of a forthcoming AJIL Unbound symposium on "The Transnational Futures of International Labor Law," sketches the ILO’s rich history of legal and policy innovation in response to changes in labor conditions …