Labor and Employment Law Commons^™

On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

Hofstra Labor & Employment Law Journal

No abstract provided.

The Remainder Effect: How Automation Complements Labor Quality, James Bessen, Erich Denk, Chen Meng

Faculty Scholarship

This paper argues that automation both complements and replaces workers. Extending the Acemoglu-Restrepo model of automation to consider labor quality, we obtain a Remainder Effect: while automation displaces labor on some tasks, it raises the returns to skill on remaining tasks across skill groups. This effect increases between-firm pay inequality while labor displacement affects within-firm inequality. Using job ad data, we find firm adoption of information technologies leads to both greater demand for diverse skills and higher pay across skill groups. This accounts for most of the sorting of skills to high paying firms that is central to rising inequality.

Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner

Brooklyn Law Review

The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Refusing Work To Avoid Serious Injury Or Death: An Empirical Study Of Legal Protections Before And During Covid-19, Michael H. Leroy

Pepperdine Law Review

I present data on court and administrative rulings involving employees who were disciplined or quit after refusing to work due to concerns about death or injury. My sample of 109 pre-pandemic cases from 1944–2020, and its comparison to twelve COVID-19 cases in 2020 and 2021, shows an emerging picture of new forms of work refusal. The cases before COVID-19 were concentrated in mining, construction, and transportation. In contrast, the COVID-19 cases span new occupations in social services, education, law, healthcare, protective services, food preparation, and building cleaning. Before COVID-19, employees lost most work refusal cases because laws such as the …

Franchisees, Consumers, And Employees: Choice And Arbitration, Robert W. Emerson, Zachary R. Hunt

William & Mary Business Law Review

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement.

This Article studies common concerns associated with binding, pre-dispute arbitration agreements and evaluates their use in consumer-vendor, employee-employer, and franchisee-franchisor relationships. Having introduced concepts relevant throughout the Article, the Article in Part I studies contractual arbitration as a form of alternative dispute resolution for transactional disputes between consumers and vendors. It examines industry self-regulation, due process, consumer salience, and forum accessibility including …

The Fashion Industry's Inner Beauty: Does The Uk's Fight Against Modern Slavery Measure Up To Its Ilo Obligations?, Olivia Landrum

Georgia Journal of International & Comparative Law

No abstract provided.

Data As Labor: Retrofitting Labor Law For The Platform Economy, Eugene K. Kim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Labor’S Obstacles And Democracy’S Demise, Angela B. Cornell

Cornell Law Faculty Publications

At a time when democratic institutions have been weakened by populist and authoritarian-leaning regimes around the globe, it is imperative that we revisit the fundamentals of democracy-building institutions, including the importance of strong, independent trade unions. Social science research has confirmed the critical role trade unions have played forging and sustaining democracies. The international human rights framework has long considered labor rights and labor unions as fundamental for social justice, securing peace, and bolstering democracy. Strengthening the meaningful exercise of labor rights is one important way to bolster democratic institutions. Union density in the USA reached its lowest point in …

Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones

The Journal of Business, Entrepreneurship & the Law

This comment will begin by looking at why hair in the United States is related to issues of race. This comment will then look at how businesses’ rules for appearance and hair disproportionately affect Black employees. Next, this paper will look at Title VII of the Civil Rights Act of 1964 to point out how the vague language has created loopholes, which allow businesses to lawfully discriminate against people with natural hair. We will then move to explore what role some city and state governments have had in creating natural hair-safe workspaces for employees in their respective boundaries. Lastly, we …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

2022'S States With The Highest Job Resignation Rates: Ask The Experts, Adam Mccann, Erin J. Hendrickson

Popular Media

No abstract provided.

Dau-Schmidt: Scotus Vaccine Ruling Raises As Many Questions As It Resolves, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

The Ruling To Return The Indiscriminately Terminated Worker To His Work In Light Of The Moroccan Social Legislation, Nidal Mustafa Ghaith

UAEU Law Journal

This study examines the settlement of individual labour disputes arising between the employer and the employee through the ruling to return the arbitrarily dismissed employee to his work, as one of the judicial means that enables the two parties to resolve their dispute in a way that allows the stability of the work relationship between them. this is through talking about the jurisprudential position as well as the judicial approach towards the option of returning the dismissed employee to his work, and also addressing the various problems resulting from the application of this mechanism. Perhaps one of the most prominent …

Social Truths In The Workplace: How Adversarialism Undermines Discrimination Litigation, Catherine Ross Dunham

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Vol. 39, No 1, Beverly S. Bunch

The Illinois Public Employee Relations Report

The Impact of the Pandemic on State and Local Government Budgets

By Beverly S. Bunch

Recent Developments

How Rhetoric Reveals Judicial Motives In Employment Discrimination Cases, Susan E. Provenzano

Tennessee Law Review

Employment discrimination plaintiffs tend to lose on summary judgment. In these cases, judges are acting like juries and undermining anti-discrimination legislation while paying lip service to the law and the judicial role. How and why are courts doing this? Legal scholars blame bad doctrine and biased judging. But neither one tells the full story. The tell is in the opinions' strategic use of language, which shows how the court, as an institution, "sized up" the case and the motives of key actors the parties, the lawmakers, other courts, and the court itself. Conducting the first-ever rhetorical analysis of this problem, …

Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.

Michigan Journal of International Law

CEDAW’s transformative provisions, which require states to address root causes of injustice and discrimination, can be made more effective not only through legislation and policy, as commonly argued, but through the judiciary. This article highlights the need to develop the content and implementation of transformative judicial obligations under CEDAW through a comparative study of judicial decisions on the abuse of female MDWs in three key MDW destinations that are party to CEDAW—Hong Kong, Singapore, and Malaysia. By engaging with scholarship on CEDAW’s positive obligations, transformative equality, and theories of adjudication, this article argues that criminal law courts should not only …

'Freedom's Just Another Word For Nothin' Left To Lose': The Ongoing Struggle To Properly Regulate The Gig Economy In California, Francis J. Mootz Iii, Jeffrey Michael

McGeorge School of Law Scholarly Articles

No abstract provided.

Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet

St. Thomas Law Review

This Comment addresses the ambiguity within the FMLA statute of limitations, specifically the contested interpretation of “last event.” Part II provides background on the FMLA, including its history, purpose, and relevant provisions such as eligibility, rights, and enforcement thereunder. Part III analyzes how federal circuit courts are split on the interpretation of “last event” and how this affects the timeliness of FMLA claims. Part IV proposes amending the FMLA regulations to clarify the limitations period using the Barrett holding that “last event” constitutes the last denial of FMLA rights. Finally, Part V concludes, asserting that if this solution is adopted, …

Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.

St. Thomas Law Review

Every year, fraudulent activity against the United States government costs taxpayers billions of dollars. The majority of these losses result from acts of fraud against federal health care programs like Medicare and Medicaid, and to a lesser extent, from matters involving contracts with the government for the purchase of goods and services. However, the United States Department of Justice (“DOJ”) fights back to regain lost taxpayer dollars by taking action under the False Claims Act (“FCA”), which imposes liability on such types of government fraud. Since 1986, actions taken by the DOJ resulted in the recovery of over $64 billion …

Setting The Agenda: The Legal And Historical Context To Best Understand How Transportation Technology Might Be Regulated To Combat Forced Labor, Brittany Eastman

Journal of Law and Mobility

Transportation is a piece of all human activity. As individuals and as a society, the logistics of getting people and goods from one place to another is a question we answer countless times a day. Just today, billions of people drove to work, took the bus to school, used a rideshare to get to the store, or took the train into the city to enjoy an evening out on the town. This list does not even consider all the items people have ordered online which will be shipped and delivered to homes. Even more exciting is the innovation that inspired …

Sharenting Is Here To Stay, So Now What?, Anonymous Author

Seattle University Law Review

This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …

Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan

LL.M. Essays & Theses

When the world went into lockdown due to the COVID-19 pandemic, major fashion brands attempted to protect their profits by refusing to pay overseas suppliers for over $16 billion USD of goods between April and June 2020. These decisions had a devastating impact on garment workers who toil at the bottom of the supply chain; thousands of garment workers and their families faced wage theft, dealing with months of unpaid wages, benefits and/or severance pay. In the absence of a regulatory framework to hold corporations responsible, workers, unions, and NGOs resorted to naming and shaming brands into taking action. However, …

Bargaining Inequality: Employee Golden Handcuffs And Asymmetric Information, Anat Alon-Beck

Maryland Law Review

No abstract provided.