Labor and Employment Law Commons^™

A Quiet Workplace? Conceptualizing An Evidentiary Privilege Protecting Confidential Employer-Employee Communications, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Gender Conscious Labor Environmentalism, Chaumtoli Huq

Hofstra Labor & Employment Law Journal

Drawing primarily from the internationally recognized human right to a clean, healthy and sustainable environment, ("right to a healthy environment") as well as related international environmental and economic human rights laws, this Article makes three critical moves towards theorizing a gender conscious approach to labor environmentalism. First, this Article demonstrates through four cases studies from Bangladesh, that global and national labor movements can effectively address the root causes of labor rights violations, specifically around health and safety by deploying and mobilizing around the recently passed international right to a healthy environment. Second, the right to a healthy environment offers a …

"The American Dream" Becoming The American Scheme: The Truth About Sponsoring Undocumented Child Laborers And What Hhs Officials Can Do To Help, Kristen P. Julich

Hofstra Labor & Employment Law Journal

No abstract provided.

No Really, What Should We Do? An Employer’S Guide To Groff V. Dejoy And Juggling Religious Accommodations In The Workplace, Keegan K. Davis

Nevada Law Journal

No abstract provided.

Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems In The Workplace, Amber Wooten

West Virginia Law Review

The United States has experienced rapid advancements in surveillance technology and data collection in the past three decades. Conversely, since the COVID-19 pandemic, remote work opportunities have increased, with many remote workers being subjected to surveillance within their homes. Given the lack of significant statutory measures to safeguard remote employees against incessant surveillance, employers can monitor employees, collect data, and enforce unattainable productivity quotas with little repercussions. Despite these harms, the influx of remote jobs presents significant benefits, especially for states like West Virginia, which faces immense population decline and lacks consistent physical job opportunities. Remote work promotes flexibility and …

‘Constellations’ And ‘Entanglement’ In The Study Of Legal Pluralism: Reflections On The Scholarship Of Keebet Von Benda-Beckmann, Petra K. Mahy Dr

The Indonesian Journal of Socio-Legal Studies

Two key terms permeate the work of Keebet von Benda-Beckmann (and of her co-authors, especially Franz von Benda-Beckmann) in her discussions of legal pluralism: ‘constellations’ and ‘entanglement’. These terms are both concerned with describing the existence of, and interrelationships between, plural legal orders. This article critically analyses these two terms, their usage and implied meanings, and compares them with other alternative concepts employed elsewhere in legal pluralism and cognate literature. With reference to empirical evidence on plural work regulation in Indonesia, I argue that the terms have some descriptive benefits for understanding the realities of plural legal orders, but still …

Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen

Faculty Scholarship

Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …

Perpetuating Inequality: What Salary History Bans Reveal About Wages, James Bessen, Chen Meng, Erich Denk

Faculty Scholarship

Pay gaps for women and minorities have persisted after accounting for observable differences. Why? If employers can access applicants’ salary histories while bargaining over wages, they can take advantage of past inequities, perpetuating inequality. Recently, a dozen US states have banned employer access to salary histories. We analyze the effects of these salary history bans (SHBs) on employer wage posting and pay in a difference-in-differences design. Following SHBs, employers posted wages more often and increased pay for job changers, particularly for women (6.4%) and non-whites (7.7%). Bargaining behavior appears to account for much of the persistence of residual wage gaps.

Does Black-Letter Law Matter In Labor Rights Protection In China? - A Tale Of Two Cities, Peter Chi Hin Chan

Washington International Law Journal

This article discusses the role of black-letter law in labor protection in China in cases where employers dismiss employees on the grounds of serious breaches of internal regulations. This article presents an empirical analysis of the judicial practice of two of China’s economically developed cities, Suzhou and Wuxi. Suzhou employers have to give employees the opportunity to be heard prior to dismissal, while Wuxi does not provide that opportunity. First, this article introduces the Chinese labor legislation system, the dismissal system, and the two cities’ local labor regulations. Second, the article will analyze and discuss 140 cases from Suzhou and …

Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis

Notre Dame Law Review Reflection

For decades, scholars and jurists have debated over whether government violates the Establishment Clause when it endorses religion or if coercion is required. In Kennedy v. Bremerton School District, the Supreme Court put this argument to rest, at least as to public employees. It grounded its decision in some form of originalism. While that will be sufficient to satisfy some readers, others will want to be assured of the wisdom of the rule originalism demands. This Essay argues that a coercion test for the private religious exercise of public employees is appropriate for a pluralistic society.

It offers four …

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.

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 …

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 …

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. …