The Indo-Pacific Economic Framework For Prosperity: Promise Or Peril For Labor Governance Through Trade Instruments?,
2023
University of Georgia School of Law
The Indo-Pacific Economic Framework For Prosperity: Promise Or Peril For Labor Governance Through Trade Instruments?, Desiree Leclercq
Scholarly Works
President Biden has launched an Indo-Pacific Framework for Prosperity (“IPEF”) that purports to facilitate high standards, including high labor standards, in the region. That Framework is silent on traditional trade matters such as market access, leading many trade and labor scholars and policymakers to question its utility.
Contrary to that skepticism, this commissioned report argues that the IPEF holds tremendous promise by realigning the bottom-up governance of labor rights in trade with international labor governance. Doing so, this report argues, will strengthen allyships and trade relations in the region. On the other hand, the IPEF could prove equally perilous if …
Strengthening Labor Rights In The Trans Pacific Partnership Agreement: A Lost Opportunity?,
2023
University of Georgia School of Law
Strengthening Labor Rights In The Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Scholarly Works
This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that time, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in …
Rights-Based Sanctions Procedures,
2023
University of Georgia School of Law
Rights-Based Sanctions Procedures, Desiree Leclercq
Scholarly Works
Federal agencies are increasingly interpreting international labor rights and imposing a wide array of economic and financial penalties, or “rights-based sanctions,” under various laws and regulations. Congress recently vested the Office of the United States Trade Representative (USTR) with authority to impose targeted rights-based sanctions on foreign factories. USTR has begun administering its new authority with vigor. Policymakers and rights advocates hope that USTR’s enforcement activities will strengthen the protection of workers abroad.
Hidden from view, and thus largely overlooked, are the exclusory procedures that agencies follow when they administer rights-based sanctions. The Treasury Department’s Office of Financial Asset Control …
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes,
2023
University of Akron
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla Hrdy
Akron Law Faculty Publications
There is a substantial literature on noncompete agreements and their adverse impact on employee mobility and innovation. But a far more common restraint in employment contracts has been underexplored: confidentiality agreements, sometimes called nondisclosure agreements (NDAs). A confidentiality agreement is not a blanket prohibition on competition. Rather, it is simply a promise not to use or disclose specific information. Confidentiality agreements encompass trade secrets, as defined by state and federal laws, but confidentiality agreements almost always go beyond trade secrecy, encompassing any information the employer imparted to the employee in confidence. Despite widespread use, confidentiality agreements have received little attention. …
Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract,
2023
Touro Law Center
Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller
Scholarly Works
Employers are increasingly adding clauses to contracts with employees that purport to shorten the statutes of limitation for employees to pursue claims against their employers (“SOL Clauses”). SOL Clauses are being imposed on employees in various stages of the contracting process. They have turned up in job applications, offer letters, arbitration clauses, employment agreements and employee handbooks. Where they have been enforced by the courts, the justification has been a prioritization of “freedom of contract” over any other policy concerns. This Article argues that, in the employment context, “freedom of contract” should not be prioritized over other competing concerns, which …
Labor Rights And Dispute System Design: Assessing The Legal Legacy Of The 2022 Qatar World Cup,
2023
Touro University Jacob D. Fuchsberg Law Center
Labor Rights And Dispute System Design: Assessing The Legal Legacy Of The 2022 Qatar World Cup, Zachary R. Calo
Scholarly Works
The aim of this paper is not to relitigate Qatar’s human rights record but to assess the effectiveness of its labor reforms: the principal concern is dispute resolution and enforceability. While Qatar instituted a broad suite of labor law reforms in the years preceding the World Cup, questions remain about whether they have improved access to justice for migrant workers. More attention needs to be given to the dispute settlement system established by Law No. 13 of 2017 to assess if new legal norms translate into enforceable rights. It is argued that the labor dispute system has largely failed by …
Beyond The Labor Exemption: Labor's Antimonopoly Vision And The Fight For Greater Democracy,
2023
Columbia Law School
Beyond The Labor Exemption: Labor's Antimonopoly Vision And The Fight For Greater Democracy, Kate Andrias
Faculty Scholarship
Although the labor movement and the antimonopoly movement both oppose concentrated economic power and bemoan rising inequality, their projects are frequently viewed as divergent, if not incompatible. According to the conventional account, the labor movement has historically lacked an affirmative antimonopoly agenda, instead focusing its demands on achieving a labor exemption to the antitrust laws. This chapter shows, however, that left-leaning industrial unions from the late nineteenth century through the mid-twentieth century repeatedly and insistently used the language of antimonopoly to argue that private concentrations of economic power posed a grave threat to workers and to democracy. But labor’s vision …
A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?,
2023
Campbell University School of Law
A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell
Campbell Law Review
The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and …
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking,
2023
Duke Law School
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
Faculty Scholarship
In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States,
2022
Cleveland State University
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
Journal of Law and Health
Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …
Defining Genetic Information Under Gina,
2022
Cleveland State University
Defining Genetic Information Under Gina, Shane Padilla
Cleveland State Law Review
The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny,
2022
University of Cincinnati College of Law
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml),
2022
Technical University of Munich
Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander
School of Business: Faculty Publications and Other Works
Popular approaches to building data from unstructured text come with limitations, such as scalability, interpretability, replicability, and real-world applicability. These can be overcome with Context Rule Assisted Machine Learning (CRAML), a method and no-code suite of software tools that builds structured, labeled datasets which are accurate and reproducible. CRAML enables domain experts to access uncommon constructs within a document corpus in a low-resource, transparent, and flexible manner. CRAML produces document-level datasets for quantitative research and makes qualitative classification schemes scalable over large volumes of text. We demonstrate that the method is useful for bibliographic analysis, transparent analysis of proprietary data, …
Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims,
2022
Villanova University Charles Widger School of Law
Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane
Villanova Law Review (1956 - )
No abstract provided.
Wage Theft In Construction Is The Greatest Form Of Theft And We Do Nothing About It,
2022
Craig Newmark Graduate School of Journalism
Wage Theft In Construction Is The Greatest Form Of Theft And We Do Nothing About It, Alexandra B. O'Connor
Capstones
I looked at the construction industry in New York City and state to analyze the prevalence of wage theft. The unaccounted and accounted for wage theft in the industry directly correlates with its low-wage and immigrant workforce.
Comments On Worker Classification Proposed Rule For Flsa Purposes Rin 1235-Aa43,
2022
Penn State Dickinson Law
Comments On Worker Classification Proposed Rule For Flsa Purposes Rin 1235-Aa43, Samantha J. Prince, Taylor Haberle, Lauren E. Stahl
Faculty Scholarly Works
No abstract provided.
Last Rights: A Theory Of Individual Impact,
2022
Brooklyn Law School
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Brooklyn Law Review
Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …
Algorithmic Management And Collective Bargaining,
2022
Osgoode Hall Law School of York University
Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes
Articles & Book Chapters
This article addresses the challenges raised by the introduction of algorithmic management and artificial intelligence in the world of work, focusing on the risks that new managerial technologies present for fundamental rights and principles, such as non-discrimination, freedom of association and the right to privacy. The article argues that collective bargaining is the most suitable regulatory instrument for responding to these challenges, and that current EU legislative initiatives do not adequately recognise the role of collective bargaining in this area. It also maps current initiatives undertaken by national trade union movements in Europe to govern algorithmic management.
Labor And Employment Law,
2022
Mercer University School of Law
Labor And Employment Law, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer
Mercer Law Review
This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2021 to May 31, 2022, that affect labor and employment relations for Georgia employers.
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County,
2022
University of Washington School of Law
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
