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Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry 2022 Saint Louis University School of Law

Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry

All Faculty Scholarship

This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...


A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo 2021 UC Davis School of Law

A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo

Buffalo Law Review

No abstract provided.


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman 2021 St. Mary's University School of Law

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel 2021 Warren Distinguished Professor of Law, University of San Diego

Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel

Notre Dame Law Review Reflection

Julie Cohen’s dazzling tour de force Between Truth and Power asks us to consider the new ways powerful actors extract valuable resources for gain and dominance. Cohen in particular warns that “the universe of personal data as a commons [is] ripe for exploitation.” Cohen writes that “if protections against discrimination, fraud, manipulation, and election interference are to be preserved in the era of infoglut, regulators will need to engage more directly with practices of data-driven, algorithmic intermediation and their uses and abuses.” I read Between Truth and Power as not only a compelling account of the contemporary transformations of ...


Sunshine Patriot Or Cold War Casualty?: An Examination Of Wrongful Exposure Suits Brought By Nuclear Complex Employees, Christopher S. Turner 2021 University of Kentucky

Sunshine Patriot Or Cold War Casualty?: An Examination Of Wrongful Exposure Suits Brought By Nuclear Complex Employees, Christopher S. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.


A Work Place Surveillance: Who's Watching?, Mark E. Heath 2021 Heenan, Althen & Roles

A Work Place Surveillance: Who's Watching?, Mark E. Heath

Journal of Natural Resources & Environmental Law

No abstract provided.


The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters 2021 Washington and Lee University School of Law

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters

Scholarly Articles

It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing, analyzing, and challenging the majoritarian stories of racial privilege.”

Our specifc intention is to recognize the largely performative nature of claiming to be committed to an idea while substantively and concretely ensuring the opposite. This Essay is written with specific experiences, patterns, and practices in ...


Employment Law, Theodore Goloff 2021 Southern Methodist University

Employment Law, Theodore Goloff

The Year in Review

No abstract provided.


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter 2021 Rhode Island Sea Grant Law Fellow and J.D. Candidate, 2021

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


"Work And Caregiving During Covid-19" And "Pregnant Employees And New Parents", Deborah A. Widiss 2021 Indiana University Maurer School of Law

"Work And Caregiving During Covid-19" And "Pregnant Employees And New Parents", Deborah A. Widiss

Books & Book Chapters by Maurer Faculty

Professor Widiss contributed chapter 6 "Work and Caregiving During COVID-19" and chapter 8 "Pregnant Employees and New Parents" in this Open Access book edited by Jeffrey Hirsh and Sachin Pandya.

The two Widiss chapters, combined into one .pdf file, can be downloaded above, or the entire book can be viewed HERE.


Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne 2021 Boston College Law School

Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne

Boston College Law Review

On February 27, 2020, the U.S. Court of Appeals for the Ninth Circuit in Rizo v. Yovino held that prior salary is not a valid defense against an employee’s claim under the Equal Pay Act (EPA). In so doing, the Ninth Circuit ruled that prior pay is an inherently gendered factor and became the first federal circuit court to eliminate it as a valid factor other than sex under the EPA. This Comment argues that Rizo was correctly decided but that it could have gone even further to narrow the pay gap in the United States.


Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School of Law 2021 Golden Gate University School of Law

Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law

GGU Law Review Blog

Although the rate of people experiencing homelessness was increasing even before 2020, the Covid-19 pandemic contributed to a further rise in the nation’s unemployment rate. Studies have shown that a one-percent increase in the nation’s unemployment rate could bring an increase in homelessness of 0.065 per every 10,000 people. Unemployment during the pandemic rose to over fourteen percent, meaning that the pandemic will likely precipitate increased levels of homelessness in America. The influx of economic stimulus payments during the pandemic has refocused discussions on the extent to which guaranteed income programs could be used to provide ...


Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees 2021 Cleveland-Marshall College of Law

Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees

Cleveland State Law Review

Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing ...


Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell 2021 Pepperdine University

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and ...


Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez 2021 Heenan, Althen & Roles

Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez

Journal of Natural Resources & Environmental Law

No abstract provided.


Labor And Its Revenue In Islamic And Non-Islamic Economies- Dr. El Tayib Mohammad Hamid Al-Tikaina, 2021 United Arab Emirates University

Labor And Its Revenue In Islamic And Non-Islamic Economies- Dr. El Tayib Mohammad Hamid Al-Tikaina

Journal Sharia and Law

Labor in Sharia Law: The Sharia Law has laid down general rules, principles and regulating controls or restraints on economic activity and its revenue. Actually any activity in the individual’s and society's interest is deemed legal in Sharia Law if it is in accordance with these rules, which prohibit usury and any harmful produce, warn against gambling, cornering, cheating or any action leading to extortion or forcible exaction. Legal economic activity, according to Islam, is any mental, physical, industrial or any other action, which is conducive to development and the promotion of the quality of life. Islamic textual ...


Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky 2021 The Catholic University of America, Columbus School of Law

Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky

Catholic University Law Review

A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of “employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The same political forces and policy considerations which molded A.B.5 in ...


Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes 2021 The Catholic University of America, Columbus School of Law

Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes

Catholic University Law Review

The current National Labor Relations Board ("Board') since 2018 has indicated an interest in changing the law on employee representation by unions in the construction industry, culminating in a final rule issued on April 1, 2020. As the article discusses, this proposal is likely to have effects in many industries other than construction, because many other industries in the U.S. are becoming more like the construction industry has long been. The Board’s rule has changed what's required for a construction union to remain the representative of a construction employer's employees, which the Board justified as serving ...


Sexual Harassment In The Post-Weinstein World, Joanna L. Grossman 2021 University of California, Irvine School of Law

Sexual Harassment In The Post-Weinstein World, Joanna L. Grossman

UC Irvine Law Review

The 2017 iteration of the #MeToo movement has brought tremendous attention to the problem of sexual harassment in the workplace, as well as in a variety of other contexts. We learned that sexual harassment is rampant, varied in form, and harmful, or, more accurately, that it is still all of these things. Sexual harassment at work has existed as long as women have worked, whether paid, valued, or enslaved. The law of sexual harassment has a much more recent provenance. Courts began to recognize harassment as a form of sex discrimination in the early 1980s, and the entire current structure ...


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