Labor and Employment Law Commons^™

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …

The Public’S Companies, Andrew K. Jennings

Fordham Journal of Corporate & Financial Law

This Essay uses a series of survey studies to consider how public understandings of public and private companies map into urgent debates over the role of the corporation in American society. Does a social-media company, for example, owe it to its users to follow the free-speech principles embodied in the First Amendment? May corporate managers pursue environmental, social, and governance (“ESG”) policies that could reduce short-term or long-term profits? How should companies respond to political pushback against their approaches to free expression or ESG?

The studies’ results are consistent with understandings that both public and private companies have greater public …

#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez

Washington and Lee Law Review Online

In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …

Breaking The Non-Compete Cycle: A Legal And Economic Analysis Of The Ftc's Power Move, Stephen Fox

University of Cincinnati Law Review

No abstract provided.

Releasing The Captives: How The National Labor Relations Board Can Correct The Anomalous Captive Audience Meeting Doctrine, Adam J. Drapcho

University of Cincinnati Law Review

No abstract provided.

Viajar A Como Au Pair A Eeuu, ¿Una Experiencia Cultural O Mano De Obra Barata?, Maria M. Fernandez

Capstones

Por medio del programa Au Pair en EEUU, un programa avalado por el Departamento de Estado, miles jóvenes entre 18 y 26 años, en su mayoría latinoamericanas, ingresan al país para convivir de uno a dos años con familias anfitrionas autorizadas por medio de agencias. Estas familias le dan a sus Au Pairs estadía, alimentación y una compensación monetaria semanal por cuidar a los niños de la familia.

A pesar de que la ley enfatiza que el propósito principal del programa Au Pair es brindar un intercambio cultural y educativo entre los participantes, son múltiples las críticas que, por décadas, …

Locating The 'Nanny' In Legal Theory, Akshat Agarwal

National Law School Journal

Paid domestic workers pose a challenge to legal theorists since they occupy the unique intersection of the market and the home. While being paid for the ‘care’ they provide, their work is characterised by a high degree of informality and is usually also considered emotive. I use India as a case study to show how attempts to include paid domestic workers within formal labour law protections have been consistently unsuccessful, which demonstrates the unique nature of paid domestic work. At the same time, academic arguments for the inclusion of such workers in family law frameworks raise several practical concerns and …

Nyc Local Law 144: A Failed Attempt At Regulating Ai In Hiring, Christopher Janaro

Capstones

New York City recently passed a law that aims to regulate the use of automated AI tools in hiring. The Problem? Big business helped write it.

Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Leonard Bierman, Rafael Gely

Brooklyn Law Review

By virtually all accounts, American society has become increasingly polarized during the past couple of decades. Indeed, the degree of political polarization on issues such as voting rights, gun control, abortion rights, and COVID vaccines has been so extreme that political scientists have worried about whether the conditions necessary for the United States to maintain a democratic society have broken down. This article examines this issue in the context of federal labor law and labor relations. It argues that American labor law is framed around an "industrial democracy narrative" that is today being sharply threatened by extant political polarization. It …

Ordeals Of Returnee Bangladeshi Migrant Women Domestic Workers, Md. Mahamudul Haque

Future Journal of Social Science

This article explores the ordeals of returnee female domestic migrant workers of Bangladesh to find out ways help formulate policies by the government. A study has been conducted based on primary and secondary sources. It finds that all types of tortures, including physical, sexual, setting them on afire, forcibly cutting their hair, and hit and falls from rooftop, has to be faced by the women migrant workers. The Bangladeshi female migrant workers have to work for 16-18 hours in a day. They are made untimely repatriation to Bangladesh without pay blaming them for theft or such other false allegations. This …

Care Work, Jennifer Nedelsky

Articles & Book Chapters

Care is routinely provided both as a commodity (paid care) and as unpaid care, usually by women. Virtually all care is treated as of low value, and care givers, paid and unpaid, are seen as low status. This devaluing of care and those who do it make care a major part of hierarchy and inequality. I argue that the solution is not more commodification (like wages for housework), but a norm of universal, unpaid care-giving. This would be made possible by a corresponding norm of limiting paid work to 30 hours a week. Part Time for All: A Care Manifesto …

Labor And Employment Law, W. Jonathan Martin Iii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2022 to May 31, 2023, that affect labor and employment relations for Georgia employers.

Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan

Fordham Law Review

Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …

Competing For Talent: Large Firms And Startup Growth, James Bessen, Felix Poege, Ronja Röttger

Faculty Scholarship

This paper explores the impact of large firms’ hiring in local labor markets on the salaries offered by startups and on startup growth and performance. We analyze firm data matched to help-wanted ads and find strong evidence of “crowding out.” A standard deviation increase in the share of ads posted by large firms raises startup pay offers by 5-10% for critical managerial, STEM, and sales jobs, and it reduces expected startup growth by 36%. Crowding is diminished by employee mobility and by spillovers to startups in closely related businesses. It is increased by big firm markups, which may have a …

Global Trade, Wto, Labor Arbitrage, American Workers And National Security—The Need For A U.S. Industrial Policy, Charles W. Murdock

Loyola of Los Angeles International and Comparative Law Review

The COVID-19 pandemic has exposed some of the problems in the current pattern of global trade, particularly with respect to supply chain disruptions. To understand the current status of global trade, it is helpful to understand the confluence of four seemingly disparate developments: (1) Ricardo’s theory of comparative advantage in the early 1800s; (2) the rebuilding in the late 40s and 50s of our former adversaries—Japan and Germany—into export based economies; (3) the modification of capitalism in the 1980s to focus upon maximizing shareholder value; and (4) the rise of China as an economic and military powerhouse, facilitated initially by …

Enforcing Equity, Daiquiri J. Steele

Northwestern University Law Review

Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …

Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.

From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg

Testimony Before Congress

Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.

The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Turn Up The Volume: The Connick Pickering Test As A Remedy For Quiet Quitting And The Covid-19 Pandemic’S Impact On Critical Private Employment Issues, Megan E. Bowling

University of Cincinnati Law Review

No abstract provided.

Economics Of Technology Change: Wga, Sag-Aftra, & Uaw Strikes, Cardozo Labor And Employment Law Society, Cardozo Entertainment Law Society

2023–2024 Flyers

No abstract provided.

Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines

Catholic University Law Review

Jurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as “ban the box” laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records – approximately one in four U.S. adults – have been disadvantaged when employers heavily rely upon criminal background checks during the hiring process. Now, with the proliferation of fair chance laws which require employers to avoid considering criminal history in hiring decisions, public and private employers are faced with implementation concerns as they adapt their hiring practices to ensure compliance with the …

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Race, Solidarity, And Commerce: Work Law As Privatized Public Law, Shirley Lin

Faculty Scholarship

No abstract provided.

Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Rafael Gely

Faculty Publications

This article explores the impact that political polarization is having in the social, legal, and regulatory space, particularly on American worker-management relations. Polarization is affecting decisions involving social relationships and market transactions, the ability of institutions built to generate debate and discussion to successfully complete these missions, and people's willingness to listen to and engage with views contrary to their own.

Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz

Articles

Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.

Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps

The Cardinal Edge

This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …

The Future Of Intersectionality In Employment Law, Suzette Malveaux

Scholarly Articles

Recent social justice movements—such as #MeToo and Black Lives Matter—have pushed mainstream American society to reckon with the ubiquity and persistence of systemic sex-based and racial inequities. At the heart of the firestorm are Black women, whose identity at the intersection of sex and race often exposes them to pervasive, but also unique employment discrimination and sexual harassment. Jamillah Bowman Williams’s Beyond Sex-Plus: Acknowledging Black Women in Employment Law and Policy stands out as an exceptional examination of the how courts deal with such “intersectional” claims.

A Major Question: Has Osha Missed Its Opportunity To Regulate Medical Residentduty Hours?, Anthony Anguille-Valles

Nevada Law Journal

No abstract provided.