Labor and Employment Law Commons^™

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Comment On Opm’S Confidential Government Information Nondisclosure Agreement, Rachel Arnow-Richman, Mark Fenster, Jonathan F. Harris, Margaret B. Kwoka, Orly Lobel

UF Law Faculty Publications

This comment critically responds to the U.S. Office of Personnel Management's (OPM) May 2026 proposal to implement a government-wide nondisclosure agreement (NDA) for federal workers. Drawing from our scholarship on workplace governance, employee mobility, whistleblowing, and information controls, we argue that the OPM’s proposal is inconsistent with growing recognition of the risks associated with broad workplace secrecy agreements. Recent federal and state reforms limiting the use of NDAs recognize that such agreements can deter reporting, suppress information of public concern, and impede litigants and government actors from prosecuting wrongdoing. TThese concerns are especially salient in the context of public employment, …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

أحكام تعديل عقد العمل الفردي في ظل مفهوم العمل التابع: دراسة تحليلية لقانوني العمل الفرنسي والقطري على ضوء التطبيقات القضائية, محمد عمار تركمانية غزال

Proche-Orient, Études juridiques

No abstract provided.

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.

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 …

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 …

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 …

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.

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 …

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 …