Labor and Employment Law Commons^™

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

The Death Of The Gid Exclusion: Williams V. Kincaid Revitalizes The Ada For Trans Litigants, Alexandra Newman

Cardozo Law Review

Kesha Williams is a transgender woman with gender dysphoria who spent six months incarcerated in the Fairfax County Adult Detention Center in Virginia. When Williams first entered the facility, she was assigned to women’s housing and given the uniforms typically provided to female inmates. However, upon learning that Williams had not undergone transfeminine bottom surgery, prison deputies stripped Williams of her female undergarments and transferred her to the men’s side of the facility. There, Williams was harassed by other inmates, misgendered by prison deputies, and delayed in receiving medical treatment for her gender dysphoria. Following her release, Williams asserted several …

Labour And Democracy, Kate Andrias

Faculty Scholarship

Democracy has always been a central project of labour law, but it is all the more important today, with authoritarianism on the rise and democracy under threat across the globe. This chapter examines the relationship between labour law and democracy. It explores the central tension between democracy and labour under capitalism; traces how ideas and arguments about workplace democracy have evolved over time; and explores the relationship between workplace democracy and political democracy, including how and when unions serve as a bulwark against authoritarianism. Ultimately, it argues that a critical task for labour law scholarship is to rethink the body …

Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd

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

A rising 3L at the Indiana University Maurer School of Law is one of 10 law students nationwide—and the first IU student ever— to receive the Sports Lawyers Association’s Student Writing Competition Award.

Amelia Taylor won the honors for her work “A Critical Analysis of Name, Image, and Likeness Policies and Their Implications for International Student-Athletes.”

While American student-athletes have been allowed to earn compensation through NIL deals since July 2021, international student-athletes have faced major hurdles due to immigration laws and policies.

“I chose to focus on international students’ NIL rights because this issue is often overlooked, with media …

Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T

Popular Media

The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024 has been favourably received by several commentators, but a closer inspection of the text of the Bill reveals glaring omissions, which if left unaddressed are likely to undermine the Bill’s objectives.

(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai

Arkansas Law Review

Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …

Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards

Arkansas Law Review

This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a conceptualization of current sociolegal responses to human trafficking cannot be delinked from racialized and sexualized forms of governmentality. In using an intersectional framework, we hope to draw upon intersectionality as a way to “point[] to the ways that structural inequality, persistent disadvantages, and structural abandonment are some of the root causes of microlevel violent interactions and at the same time influence how effective macrolevel justice policies are at responding to or …

How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise

Arkansas Law Review

Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …

Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler

Arkansas Law Review

States are increasingly considering and enacting laws that reduce protections for child laborers, and the number of minors who have been employed in violation of existing child labor laws has been steadily growing. We argue that politicians deploy the rhetoric of parental rights in today’s legislative battles over child labor protections to create political cover for reforms that benefit businesses, not children or their families. Part I demonstrates that appeals to parental rights have a long history in child labor law. Through much of the battle to regulate children’s labor, child-labor opponents insisted that regulations infringed parents’ legitimate rights over …

State Policy Levers To Fight Child Labor, Terri Gerstein

Arkansas Law Review

Oppressive child labor has made a resurgence in the United States. Media reports have revealed children as young as fourteen and fifteen working as roofers, in meatpacking facilities, in automobile manufacturing plants, and in other jobs that are hazardous and inappropriate for children. In the face of the current crisis, concerned commentators, advocates, and media have focused extensively on potential federal action and on problematic red-state rollbacks of child labor protections. Meanwhile, policy discussions often focus on the low-hanging fruit of increasing civil monetary penalties. This Article notes the importance of increasing penalties, as well as significantly increasing enforcement resources. …

Foreword, Annie B. Smith

Arkansas Law Review

There has been a recent and well-documented increase in unlawful child labor in the United States and a simultaneous organized effort to weaken state child labor protections. In reaction to these converging trends – along with disturbing media coverage of children injured and killed at work, the White House, U.S. Department of Labor, child advocates, labor rights’ organizers and others have mobilized to respond. This Symposium, Children at Work, was convened to focus our collective attention on this critical and emerging issue. Once considered well-settled, questions of when children work and the types of work they should do are again …

Energy Communities In Eu Energy Regulation, Jakub M. Kmieć

Yearbook of Antitrust and Regulatory Studies

EU Directives included in the ‘Clean Energy for All Europeans’ package introduced Renewable Energy Communities ECs (RECs) and Citizen ECs (CECs) into the legal framework, sharing commonalities, but with distinctions. The aim of this paper is to examine whether EU law provides for a single model of ECs or, in fact, two distinct models, and to characterize ECs as new participants in the energy market. The publication focuses on the field of legal studies and includes a literature review, an interpretation of EU provisions defining ECs, a characterization of ECs as new market participants, and a case study. The paper …

Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan

Faculty Scholarship

We consider a previously neglected cost of whistle-blower awards: employers may base their hiring decisions, on the margin, not on the productivity of an employee but rather on the probability that the employee will become a whistle-blower. We develop a three-stage model to examine how productivity losses due to distortions at the hiring stage influence optimal whistle-blower rewards. We characterize optimal rewards for whistle-blowing, and show that when rewards can be chosen according to either the benefits of the employer from offending or the productivity of the worker being hired, productivity-based rewards are superior to benefit-based rewards.

Problematika Pemenuhan Hak Konstitusional Pekerja Migran Indonesia Yang Bekerja Sebagai Awak Kapal Perikanan Migran Dalam Pemilu 2024, Retno Damarina, Heru Susetyo

Jurnal Hukum & Pembangunan

Setiap Warga Negara Indonesia memiliki hak konstitusional sebagaimana amanat konstitusi. Hak Konstitusional menurut Pasal 51 ayat (1) jo penjelasan Pasal 51 ayat (1) UU No.24/2003 diubah dalam menjadi Undang-undang Nomor 7 Tahun 2020 UU No.7/2020, hak konstitusional adalah “hak-hak yang diatur dalam Undang-undang Dasar Negara Republik Indonesia Tahun 1945”. Membahas hak konstituional ini dimiliki oleh semua Warga Negara Indonesia baik itu yang berada dalam wilayah teritorial Indonesia maupun yang berada di luar wilayah teritorial Indonesia, dalam hal ini adalah Pekerja Migran Indonesia (PMI) yang bekerja menjadi Anak Kapal Perikanan (AKP) migran. Tahun 2024 menjadi tahun untuk peralihan kepemimpinan pemerintahan, utamanya …

Catch Me If You Can Claim Copyright Infringement: How Copyright Law Unevenly Protects Novice Scriptwriters, Alexander Cole Dibucci

Global Business Law Review

In the realm of creative endeavors, novice scriptwriters often find themselves in a precarious position, highly susceptible to having their original work exploited for profit by formidable players in the industry, drawing a parallel to the timeless tale of David versus Goliath. In these all-too common scenarios, the multi-million-dollar film agencies that, reminiscent of Goliath, appropriate the creative fruits of amateurs striving to establish their names in the field. Regrettably, unlike the triumphant David from the biblical narrative, novice scriptwriters are frequently left without adequate protection within the legal landscape of the United States, where the scales tend to tip …

Legislating Flexibility In The Post-Pandemic Workplace, Madeline Gyory

Villanova Law Review (1956 - )

No abstract provided.

Navigating The Arbitration Speedway: Gig Economy Drivers Blindly Swerve Through Obstacles Created By The Uneven Application Of The Federal Arbitration Act, John David Dufort

Villanova Law Review (1956 - )

No abstract provided.

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

Rigid Rideshares And The Driver Flexibility Myth, Seth Goldstein

St. John's Law Review

(Excerpt)

In 2018, Uber, Lyft, and similar organizations spent $224 million to ensure that Proposition 22 ("Prop. 22") passed in California, reclassifying gig workers as independent contractors, but with some rights not typically guaranteed to independent contractors. Through the most expensive ballot measure in U.S. history at that point, Uber and Lyft argued that to preserve flexibility for drivers, they must remain as independent contractors under the law. However, Prop. 22 did not increase driver benefits nor provide any assurances of flexibility. Many workers in California "regret casting their ballots for Prop. 22" and "feel deceived" by Uber and Lyft. …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen

Honors Projects

This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …

Marginalized Laborers: A Study Of The Realities And Challenges Faced By International Domestic Workers In Kuwait, Adbalrahman Saud Alwaalan

Maurer Theses and Dissertations

The primary impetus for undertaking this inquiry into the legal status of international domestic workers in Kuwait is to furnish them with sufficient legal protection. By conducting a thorough analysis of the system, identifying its shortcomings, and evaluating its overall effectiveness, the proposed research aims to offer a comprehensive legal resolution to address the issue at hand.

Examining the various labor laws, regulations, and policies in Kuwait will facilitate a thorough understanding of the efficacy of the nation’s existing legal framework. Upon comprehending these sources, a detailed assessment of the extent to which they adhere to international human rights norms …

Ai Employment Decision-Making: Integrating The Equal Opportunity Merit Principle And Explainable Ai, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Artificial intelligence (AI) tools used in employment decision-making cut across the multiple stages of job advertisements, shortlisting, interviews and hiring, and actual and potential bias can arise in each of these stages. One major challenge is to mitigate AI bias and promote fairness in opaque AI systems. This paper argues that the equal opportunity merit principle is an ethical approach for fair AI employment decision-making. Further, explainable AI can mitigate the opacity problem by placing greater emphasis on enhancing the understanding of reasonable users (employing organisations) and affected persons (employees and job candidates) as to the AI output. Both the …

New Vision, Old Model: How The Ftc Exaggerated Harms When Rejecting Business Justifications For Noncompetes, Alan J. Meese

Faculty Publications

The Federal Trade Commission has rejected consumer welfare and the Rule of Reason—standards that drove antitrust for 50 years—in favor of a “NeoBrandeisian” vision. This approach seeks to enhance democracy by condemning abuses of corporate power that restrict the autonomy of employees and consumers, regardless of impact on prices or wages. Pursuing this agenda, the Commission has proposed banning all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the FTC Act.

The Notice of Proposed Rulemaking (“NPRM”) articulating the Commission’s rationale found that NCAs reduce aggregate wages, harm traditionally recognized by the Rule of Reason. …

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

Articles

This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …