Labor and Employment Law Commons^™

Reflections Of An Appalachian Miner's Grandson: How The Biden Administration Prioritized Miners' Safety And Health And Mining Communities, Christopher J. Williamson

West Virginia Law Review Online

No abstract provided.

Avoiding Pandora’S Box: Why Federal Nondiscrimination Statutes Do Not Prohibit Health Insurance Coverage Exclusions Of Sex-Rejecting Procedures, Rachel N. Morrison

Catholic University Law Review

There is increasing litigation over whether employer-provided health insurance and state Medicaid plans can exclude coverage of procedures for “gender transitions.” Plaintiffs claim that gender-transition coverage exclusions violate the Equal Protection Clause of the Fourteenth Amendment and federal nondiscrimination statutes. While Fourteenth Amendment claims should be foreclosed by the Supreme Court’s holding in Geduldig v. Aiello, nondiscrimination claims require a separate analysis.

This article shows the proper analysis for whether coverage exclusions of transition procedures violate federal nondiscrimination statutes. Looking to the history of coverage exclusion claims, Part I traces sex and pregnancy discrimination claims challenging coverage exclusions of …

Antidiscrimination, Not Anti-Dei: The Real Story Of The Supreme Court’S Recent Title Vii Precedent, Madeline Meth

BYU Law Review

For several years, my colleague and I had been litigating employment discrimination cases with facts that shocked our friends and family. For example, we fought Dallas County over a women-work-the-weekend policy that required women detention officers to work weekends while male colleagues took the weekends off. Likewise, we challenged the City of Cleveland when it moved our client, an emergency medical services supervisor, from the day shift to the night shift explicitly because he is Black. Then, in April 2024, in one of our client’s cases, Muldrow v. City of St. Louis, the U.S. Supreme Court unanimously overruled the decades …

Corporate Employment And The First Amendment Shield Against Anti-Dei Legislation, W. Mary Blee

Brooklyn Journal of Corporate, Financial & Commercial Law

No one would have thought that a Supreme Court ruling striking down affirmative action in higher education would affect private employment. However, the ruling in Students for Fair Admissions v. Harvard did exactly that. Corporate employers’ efforts to foster diversity, equity, and inclusion (DEI) were immediately pushed to the forefront of the political battlefield. In the eyes of Republican lawmakers and politicians, DEI efforts were akin to affirmative action, and therefore unconstitutional in the wake of Harvard. Their solution to this problem involved passing anti-DEI legislation and policies which restricted or eliminated employer’s DEI efforts under the guise of upholding …

A Case For United States V. Connolly: The Forgotten Posterchild Of Protecting Corporate Employees’ Rights During Internal Investigations And Why It Should Be The Standard, Not The Exception, William Marment

Brooklyn Journal of Corporate, Financial & Commercial Law

In May 2019, United States v. Connolly provided a benchmark for government involvement in corporate internal investigations. The decision curtailed the close, and oftentimes coercive nature of the relationship between the prosecutor and corporate counsel conducting internal investigations on a corporation’s behalf. It drew a line between the government improperly outsourcing its investigation to the target corporation and when an employee’s statements are not fairly attributable to government prosecutors, and thus not compelled. The Connolly Court ruled that statements from counsel-led employee interviews, conducted under the threat of termination, were fairly attributable to the government and thus improperly compelled. Those …

Welcome Tilly Norwood: Forecasting Hollywood’S Ai Policy Futures, Samuel P. Rooker

Senior Honors Projects, 2020-current

In late 2025, weekly trade publication Variety Magazine reported on the announcement of a new acting talent in Hollywood: Tilly Norwood. Norwood is an industry outsider and the pet project of Eline Van der Velden, who unveiled the actress’ existence to the world at the Zurich Film Festival. The announcement quickly gained media coverage while Van der Velden has since faced cyclical backlash from Hollywood trade unions, which does not seem entirely without reason. Tilly Norwood is a digital persona, a generative artificial intelligence (GenAI) program, designed by Van der Velden’s novel AI talent studio, Xicoia, to become the next …

Labor And Employment, W. Jonathan Martin Ii

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.

Workplace Monitoring Platforms Are Sharing Your Data: An Investigation & Roadmap To Address Data Abuses, Stephanie T. Nguyen, Levi Kaplan, David Choffnes, Alan Mislove, Seth Frotman, Erie Meyer

Center for Law and the Economy

This report investigates the data collection practices of nine widely used workplace monitoring platforms to determine the extent to which they track and analyze employee activity, behavior, or performance during work, including how these platforms transmit worker information and to which third-parties. This report finds that (1) nine out of nine workplace monitoring platforms studied directly shared identifying worker data to third parties, (2) nine out of nine workplace monitoring platforms studied shared information about workers’ online activities with third parties, and (3) three out of nine workplace monitoring platforms studied utilize features to track workers’ precise location. This report …

Putting Labour Law To Work: Imperative Of Race Conscious Labour Law, Harshini Arumugam

Dalhousie Law Journal

History shows that race and labour are deeply connected in Canada. For the labour movement to advance racial equality, it must contend with this reality. Through a critical race analysis, this paper examines how race-evasive approaches in labour laws and practices have contributed to systemic racial inequality. It argues that race-conscious strategies are essential for addressing the specific experiences and needs of racialized workers. By leveraging existing legal tools and intentionally incorporating race-conscious approaches into areas such as collective bargaining, the collective agreement, and the duty of fair representation, labour law can be a powerful mechanism for achieving racial justice …

Fixing Wages In The Name Of Training: Residency Programs And The Forgotten Antitrust Question, Yousef Ziyadi

Barry Law Review

No abstract provided.

Expressive Association At Work, Elizabeth Sepper, James D. Nelson, Charlotte Garden

Michigan Law Review

Do employers have constitutional rights of expressive association? Two decades ago, in Boy Scouts of America v. Dale, the Supreme Court held that a state law prohibiting discrimination based on sexual orientation could not be applied to a membership organization that wished to exclude a gay leader. Today, courts face a rising tide of claims from employers, who argue that Dale constitutionally insulates their hiring and firing decisions from antidiscrimination law. A narrow majority of courts have denied such claims, holding that Dale does not apply at work. Increasingly, however, courts are siding with these employers, eliding any distinction …

A Mass Disabling Event: Why California Courts Must Protect Workers’ Families From Take-Home Covid, Ellery Armstrong

Seattle Journal for Social Justice

No abstract provided.

Antidiscrimination, Not Anti-Dei: The Real Story Of The Supreme Court's Recent Title Vii Precedent, Madeline H. Meth

Faculty Scholarship

For several years, my colleague and I had been litigating employment discrimination cases with facts that shocked our friends and family. For example, we fought Dallas County over a women-work-the-weekend policy that required women detention officers to work weekends while male colleagues took the weekends off. Likewise, we challenged the City of Cleveland when it moved our client, an emergency medical services supervisor, from the day shift to the night shift explicitly because he is Black. Then, in April 2024, in one of our client’s cases, Muldrow v. City of St. Louis, the U.S. Supreme Court unanimously overruled the …

Analyzing Social Implications Of The Gender Wage Gap, Jessie A. Clarke

Electronic Theses, Projects, and Dissertations

The researcher seeks to understand the gender wage gap in the United States. The research question studied is “Why do women in the United States on average earn less income than men?” Women gain less power and resources as they earn less income than men. The researcher explores the phenomenon in this paper. This research proposal utilizes qualitative methods via interviews, and analysis through coding. In previous research, there is a lack of inclusion on the gender wage gap regarding various identities such as sexual orientation, other gender identities, and race/ethnicity. The researcher hopes to fill in these gaps in …

Black Labor Matters, Michael Z. Green

Faculty Scholarship

Black and organized workers increasingly find themselves threatened by two key outside forces: one seeking to stop anti-racism efforts via diversity, equity, and inclusion (DEI) practices and the other curtailing employees’ union organizing. This Article argues that a response must be grounded in uniquely local strategies by two specific worker coalitions. One coalition–the New Black Workers Movement (NBWM)–arose from Black Lives Matter civil rights protests in 2020 that captivated the workplace and heightened awareness about anti-Blackness and concerns of systemic racism. The other coalition–the New Labor Workers Movement (NLWM)–developed in 2020 as a workplace response to a global pandemic that …

From Chains To Handcuffs: Confronting The Racial Legacy Of Prison Labor And The Urgency Of Reform, Hibah Hasan

Criminal Law Society Blog

This article examines prison labor in the United States as a system rooted in the 13th Amendment’s exception clause and shaped by post–Civil War practices such as Black Codes and convict leasing. It argues that, although formally abolished, the racialized logic of forced labor persists through modern mass incarceration, where incarcerated individuals—disproportionately Black men—perform essential work for little to no pay and without basic labor protections. The article analyzes how this system reflects a continuation of historical exploitation and proposes reforms, including fair compensation, voluntary participation, and expanded labor protections, to align prison labor with principles of rehabilitation and justice.

Scotus Rules For Whistleblowers: What Eliminating The Retaliation Requirement For A Sarbanes-Oxley Discrimination Claim Means For The Future Of Corporate Whistleblowing, Abigail Pezzolo

The Journal of Business, Entrepreneurship & the Law

This comment analyzes the Supreme Court’s landmark decision in Murray v. UBS Securities, LLC. The author examines how the Court addressed the significant "information asymmetry" that often leaves employees unable to prove an employer's specific retaliatory intent. By confirming that plaintiffs are not required to provide proof of "retaliatory animus," the decision reinforces the "contributing-factor" burden-shifting framework established under the Sarbanes-Oxley Act (SOX). Pezzolo argues that this holding is a critical victory for whistleblowers, as it lowers the evidentiary hurdles for those reporting financial misconduct and encourages corporations to implement more robust internal transparency systems. Ultimately, the article situates this …

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Politics, Preemption, And Minimum Labor Standards: The Union-Led Erosion Of The National Labor Relations Act, Alexander T. Macdonald

William & Mary Law Review Online

[Courts] should no longer ask simply whether a law is a “minimum labor standard.” Instead, they should look to context: They should ask whether the law skips or overrides some important part of the NLRA’s process. They should also ask whether the law was enacted for that purpose—whether it was meant to address some perceived gap in federal labor policy. If it was, they should look more closely. They should ask whether the law as applied contradicts Congress’s vision, either by taking away one side’s discretion or giving the other side new advantages. And if it does, they should find …