Labor and Employment Law Commons^™

Kidfluencer Protection: Illinois’ Attempt At Expanding Its Version Of The Coogan Law., Genevieve Sloan

American University Business Law Review

On July 1, 2024, Illinois enacted pioneering legislation, which expanded its child labor laws to “[m]inors featured in vlogs.” This legislation marks the first successful attempt at protecting the finances of children in the business of social media influencing. Over the past several years, society has started recognizing the dangers of the otherwise lucrative child influencer industry, notably children’s lack of legal entitlement to their earnings.

Accordingly, the Illinois legislation began inspiring similar child labor laws in other states. This Comment analyzes whether Section 95 and Section 100 of Illinois’ Child Labor Law of 2024 maintain parental autonomy and adequately …

Third Tri-National Meeting On Labour Rights - Report Of Recommendations For Upcoming Review Of The Cusma (Usmca, T-Mec), Mark Rowlinson, Sara Slinn

Conference Papers

The CUSMA-USMCA-T-MEC (CUSMA) Labour Chapter and its Facility-Specific Rapid Response Mechanism (RRM) are key areas of focus in the ongoing review of CUSMA approaches. The third Tri-National Meeting on Labour Rights under CUSMA was held on December 9th and 10th, 2024, at Osgoode Hall Law School in Toronto. This hybrid meeting brought together knowledgeable academics, organizations, and individuals from the three CUSMA partner countries to evaluate the Labour Chapter, particularly the RRM, and to discuss reform recommendations. This report summarizes the challenges and proposed reforms presented and discussed during this third Tri-National Meeting, building on recommendations from the two previous …

First Amendment Protection For Unlicensed Wellness Coaches, Barbara Zabawa

Faculty Works

This article examines the constitutional implications of state efforts to license unregulated wellness practitioners, particularly wellness coaches. As occupational licensing expands, wellness services—ranging from nutrition counseling and life coaching to mindfulness and holistic practices—face increasing scrutiny. The paper argues that most wellness coaching involves speech rather than conduct and therefore qualifies for First Amendment protection. Drawing on Supreme Court and lower court precedent, it distinguishes between professional judgment that may justify state regulation and speech-based coaching practices that pose minimal risk of harm. The analysis situates wellness coaching within broader debates over professional regulation, consumer empowerment, and the marketplace of …

Stitched In Precarity: Labor Exploitation, Immigration Policy, And Resistance In The L.A Garment Industry, Reyna Guadalupe Silva Carrillo

Scripps Senior Theses

Los Angeles hosts one of the largest garment manufacturing industries in the U.S., built on the labor of undocumented immigrants who often work under exploitative and unsafe conditions. This paper explores how the intersection of broken labor laws and punitive immigration enforcement creates systemic vulnerability for these workers. Despite recent reforms—such as California’s SB 62, which bans piece-rate wages and holds brands accountable—enforcement remains weak, and wage theft continues to persist. State-level protections for undocumented immigrants clash with federal policies that prioritize detention and deportation, leaving workers in a state of constant precarity. While grassroots movements have secured important legislative …

Artificial Intelligence At Work International Conference - Website, Valerio De Stefano, Unifor

Osgoode Events

Join us for the Artificial Intelligence at Work International Conference which will unite academics, policymakers, trade union leaders, and employer representatives from Canada and around the globe to discuss the regulatory landscape and governance of AI in the workplace.

As the first conference of its kind in Canada addressing these crucial issues, it is intended to inform and shape public and regulatory debate on how AI is transforming work contexts. Attendees will explore the current state of AI implementation, its impacts on labour markets, and potential frameworks for effective oversight.

Through engaging keynote sessions and dynamic panel discussions featuring leading …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

Anything For Views Parenting, Bahar Tarighi

Lewis & Clark Law Review

Children who appear in monetized family vlogs are the product. Without them, the content would not exist, and the revenue would not follow. Yet unlike child actors in traditional entertainment, these children receive no guaranteed wages, no mandated trust accounts, and no right to control the digital record created in their name. This gap is a product of a legal framework that has simply not kept pace: the Fair Labor Standards Act, enacted in 1938, expressly exempted child performers from its protections, and neither Congress nor the majority of states have updated their child labor frameworks to account for the …

Prison Labor Exploitation, As Easy As “Pie”: Private Industry Exploitation Under Pie Certified Prison Work Programs, Jack Burum

Roger Williams University Law Review

No abstract provided.

Goodbye, Nomcompetes? Policy Diffusion And State-Level Reforms, Lorenzo G. Luisetto, Norman D. Bishara

Law Faculty Articles and Essays

Post-employment non-competition agreements (“noncompetes”) have been part of the common law dating back to at least 1414. The past 16 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on hold for the foreseeable future, the spotlight shifts back to the states where innovation in noncompete policy is blossoming. In this study, we systematically explore the legislative and policy trends reshaping the U.S. noncompete landscape. We propose a novel typology of these reforms and apply a …

Vicarious Liability In Sexual Misconduct Cases In Minnesota, Mike Steenson

Mitchell Hamline Law Review

Employers are vicariously liable for torts committed by their employees acting within the course and scope of their employment. The predominant test turns on whether the employee acted, at least in part, out of a desire to serve the employer’s interests. That test is problematic in cases involving intentional torts committed by an employee, particularly in sexual assault cases. Existing vicarious liability rules have been heavily criticized for the motive rule’s limiting effect, even where the nature of the employment may facilitate the tort. A minority of jurisdictions impose vicarious liability in cases where the tort is a characteristic risk …

Dad On Duty: The Potential Of Paid Parental Leave Laws, Laura E. Bates

William & Mary Journal of Race, Gender, and Social Justice

The United States is the only industrialized country in the world that does not guarantee its citizens paid parental leave. While the Family and Medical Leave Act provides some employees up to twelve weeks of unpaid leave, its limitations leave most American parents without adequate support. In the absence of a national paid parental leave system, states are stepping in, enacting laws that provide fully or partially paid parental leave. Private employers are also offering paid parental leave in increasing numbers. Despite these efforts, only 27 percent of private-sector American employees have access to paid parental leave.

Men taking paternity …

The Nlrb’S Authority To Make Workers Whole, Wanny Mei

Fordham Law Review

In December 2022, the National Labor Relations Board (NLRB or the “Board”) announced a modified make-whole remedial framework in Thryv, Inc.For all standard make-whole relief orders, the Board would order relief for direct or foreseeable pecuniary harms that employees suffer as a result of an unfair labor practice. Proponents of this remedial design assert that this is consistent with the Board’s authority under section 10(c) of the National Labor Relations Act (NLRA). On the other hand, opponents find that this design exceeds the Board’s statutory authority and conflicts with the Seventh Amendment right to a jury trial.

This Note …

Another Look At Judicial Review Of Labor Arbitration Awards In Rhode Island, William E. Smith, Stefanie Fischer, Kai Wiggins, Sam Jaksa

Roger Williams University Law Review

No abstract provided.

Beyond Sports: Recognizing College-Athletes As Employees In The Pursuit Of Fairness, Hannah Cohen

Cardozo Journal of Equal Rights & Social Justice

The note argues that student-athletes should be legally classified as employees under the Fair Labor Standards Act (FLSA) because the traditional amateurism model no longer reflects the economic realities of modern collegiate sports. By applying established legal tests, the analysis asserts that recognizing this employment status is essential to ensuring social justice, fundamental fairness, and basic workplace protections for athletes.

When Walking Out Doesn’T Mean Losing Out: Why Rhode Island Should Reform Its Model For Unemployment Insurance In Relation To Striking Workers, Trina Capezza

Roger Williams University Law Review

No abstract provided.

Arbitrating Discipline Without Due Process Or Training: Procedural Injustice In The United States Postal Services Grievances, Wendy R. Ball-Jeter

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Faculty Scholarship

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

Stop The Work Stoppages: A Mixed-Mode Dispute Resolution Process To Prevent An Nba Lockout Or Strike, Kyle Cohen

Cardozo Arts & Entertainment Law Journal

The note argues that the NBA and NBPA should incorporate a mixed-mode dispute resolution clause—specifically a "neg-med-arb" (negotiation-mediation-arbitration) process—into future collective bargaining agreements (CBAs). By transitioning from negotiation to mediation and finally to binding arbitration, the league can ensure a successor agreement is reached in time to prevent lockouts or strikes that disrupt the season.

Room To Breathe: The Surprising Capaciousness Of Osh Act Preemption, Michael C. Duff

All Faculty Scholarship

This essay is part of a Saint Louis University Law Journal seminar, conducted by the Wefel Center for Employment Law, titled "Shifting Workplace Law in an Era of Federal Vacuums: Business as Usual or Polycrisis?" The symposium presumed that the federal government would be scaling back workforce regulatory enforcement dramatically in the shadow of DOGE and several other developments. The essay focuses on OSHA and more narrowly questions the extent to which the OSH Act preempts state and local efforts to regulate workplace safety and health. The essay shows that unless OSHA promulgates a full-blown “standard” – a tedious form …

The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli

Comparative Labor Law & Policy Journal

The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Front Matter

Book Review: Défense Et Illustration De L’Action Internationale: L’Example De L’Oit By Jean-Michel Servais, Editions L’Harmattan, 20251, Lance Compa

Comparative Labor Law & Policy Journal

For decades a leading figure among senior legal officials at the International Labour Organization (ILO), Jean-Michel Servais has synthesized his experience in a magisterial work that every international labour law scholar and practitioner should have on hand — if they read French. This brief review is meant to introduce it to a broader audience, with hope that the book might be translated and published for the benefit of English readers, too.

Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

Magang Atau Pekerja? Menggugat Status Abu-Abu Tenaga Paruh Waktu Mahasiswa Di Fakultas Hukum Ugm, Patricia Nerissa Krisna Putri, Markus Togar Wijaya

Jurnal Hukum & Pembangunan

This study highlights the controversy surrounding the change in nomenclature for student workers at Gadjah Mada University, particularly within the Faculty of Law. The status of these workers has shifted from 'part-time' to 'student intern'. This unilateral change has created a legal grey area that could lead to students being subjected to disguised employment practices. Using socio-legal research methods, this article examines the validity of the 'internship' status based on the elements of an employment relationship (work, orders and wages) within the labour law regime, analysing it using the theory of structural injustice. The research findings suggest that reclassifying part-time …

No Exception For Ultra Vires Discrimination, Rev. James Deboer

American University Journal of Gender, Social Policy & the Law

The Ministerial Exception (“the Exception”) is an affirmative defense that religious institutions may use to obtain dismissal of discrimination claims brought by current and former ministerial employees.The Exception rests on the seemingly straightforward premise that churches and other religious institutions must be free to select and remove their own ministers without interference from secular laws.  It applies with equal force to any kind of discrimination; extends to harassment and retaliation; and is not confined to forms of alleged discrimination motivated by religious belief.

The Supreme Court has only addressed the Exception twice. First, in 2012, through Hosanna-Tabor Evangelical Lutheran Church …

The Basis Of The Labor Exemption Reconsidered, Sanjukta Paul

Articles

Broadly speaking, this symposium queries the question of expanding some actors’ coordination rights under antitrust law as a way of effectuating legal goals relating to “power relations.” I commend the organizers of the symposium for opening this conversation, for asking about the use of “collective bargaining” beyond the traditional labor domain, and for taking on the question in a creative way. These broader questions are essential, and yet my own article will (paradoxically, perhaps) try to contribute to this effort by going back to the core domain of the labor exemption itself—where, it turns

Informed Applicants: Anti-Discrimination Enforcement Based On The Use Of Criminal Records, Benjamin David Pyle

Faculty Scholarship

Navigating the labor market with a criminal record is treacherous. Countless job applicants will be turned down immediately after a potential employer learns they have had contact with the criminal legal system. Criminal records reflect and exacerbate long-standing racial and economic inequalities in the United States. Thus, the use of records in employment decisions will often implicate anti-discrimination laws. However, successfully enforcing these protections requires job applicants to, at minimum, understand why they were not hired. Many applicants never learn why they were not hired and thus will never be able to protect their rights. This Article argues that understanding …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …