Labor and Employment Law Commons^™

The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie

Indiana Law Journal

The availability of data related to the employment relationship has ballooned into an unruly mass of performance metrics, personal characteristics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities …

Women, Retirement, And The Growing Gig Economy Workforce, Caroline Bruckner, Jonathan B. Forman

Georgia State University Law Review

Gig work—the selling or renting of labor, effort, skills, and time outside of traditional employment—is a long-standing feature of the U.S. economy. Today, millions of “online gig workers” sell goods and services, or rent rooms, houses, vehicles, and other assets using app-online and app-based platforms (for example, Uber, Lyft, Rover, DoorDash, eBay, Etsy, Postmates, VRBO, and Airbnb) to connect with customers. Millions more of “offline gig workers” run errands; walk dogs; care for children and the elderly; do housework, yardwork, and other occasional jobs; rent rooms; and sell goods at outdoor markets and roadside stands—without using online platforms to connect …

California And The Terrible, Horrible, No Good, Very Bad Statutory Employee Classification Scheme, Richard H. Gilliland Iii

Washington and Lee Law Review

The battle over worker classification between state governments, on the one hand, and gig economy companies, on the other, has raged since at least the first time someone ordered an Uber. Nowhere has this battle played out more prominently in recent years than in California. In 2019, the state legislature passed AB 5, a bill which adopted a stringent independent contractor standard and effectively classified all gig economy workers as employees of the companies whose apps they use to find work. AB 5’s ripple effects were enormous—the significant popularity of gig economy apps among consumers launched what might have been …

Not So Special! Georgia Court Of Appeals Clarifies Special Circumstance And Special Mission Exceptions To Vicarious Liability, Samantha Thompson

Mercer Law Review

The ever-increasing mobility of today’s workforce threatens employers with a risk of vicarious liability for injuries arising from their employees’ driving under the doctrine of respondeat superior. Although common law protects employers from liability for injuries arising from an employee’s commute to or from work, the special circumstance exception and the special mission exception can create vicarious liability for a Georgia employer. These exceptions bring an employee’s commute within the scope of employment when an employee acts under a special circumstance or in furtherance of a special mission at the time of an automobile accident; this creates vicarious liability for …

The Correct Procedure For Commencing An Action In The Industrial Relations Division Of The High Court: Edward Chilufya Mwansa And 194 Others V. Konkola Copper Mines Plc Scz Appeal No. 99/2015 And Concrete Pipes V. Kingsley Kaimba And Another Scz Appeal No. 014/2015, Chanda Chungu

SAIPAR Case Review

In Edward Chilufya Mwansa and 194 Others v. Konkola Copper Mines Plc, the Supreme Court dealt with a scenario where several employees had been dismissed and sought to enter an out of court settlement with their employer, through the assistance of the Labour Office. This process lasted over three years

In Concrete Pipes v. Kingsley Kaimba and Another, the Supreme Court dealt with an appeal from a Ruling of the Industrial Relations Court dismissing a preliminary issue in relation to the need to exhaust internal administrative channels before commencing an action before the court.

Chansa Ng’Onga V. Alfred H. Knight (Z) Limited Selected Judgment No. 26 Of 2019, Chanda Chungu

SAIPAR Case Review

An Appellant was employed as the Sectional Leader in the Lubricants Testing Department of the employer’s business. He was subsequently promoted to the rank of Lubricant Testing Manager.

During his employment as Lubricant Training Manager, he was suspended due to being absent from work for five days without his supervisor’s permission. Under the employer’s Disciplinary Rules and Procedures, the penalty for a first offender was a written warning. This notwithstanding, he was dismissed after three weeks, without any formal charges raised against him and his letter of dismissal outlined that he was dismissed for offences for which he was not …

Rabson Sikombe V. Access Bank (Zambia) Limited Scz Appeal No. 240/2013, Chanda Chungu

SAIPAR Case Review

The employee was employed as a Transaction Officer with effect from the 17th of November 2008. He was suspended from duty on the 15th of May, 2009 following an investigation into the sum of K804 million, unauthorized overdraft on an account held in the respondent's Bank by a company called ZCON,it being alleged that the appellant failed to manage the credit portfolio by not constantly reviewing the overdrawn account, leading to the customer's overdrawn position exceeding the approved limit of K350 million.

It was further alleged that the employee had provided false information that the client had an approved facility …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Community Lawyering In Resistance To Neoliberalism, Jeena Shah

Michigan Law Review

A Review of An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings.

Ability Apartheid And Paid Leave, Ryan H. Nelson, Michael Ashley Stein

Michigan Law Review

A Review of Ableism at Work: Disablement and Hierarchies of Impairment. By Paul David Harpur.

Charting The Reform Path, Sanjukta Paul

Michigan Law Review

A Review of Inequality and the Labor Market: The Case for Greater Competition. Edited by Sharon Block and Benjamin H. Harris.

Why Do You Care About My Hair? A Proposal For Remedying Hair Discrimination In The Workplace On A Federal Level, Grayson Moronta

Cardozo Law Review

No abstract provided.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

The Economic (In) Significance Of Executive Pay Esg Incentives, David I. Walker

Faculty Scholarship

The hottest topic in corporate governance circles today involves company commitments to and pursuit of ESG (environmental, social, and governance) initiatives in addition to the traditional pursuit of profits. One facet of this debate has to do with how to motivate executives to pursue ESG goals. Increasingly, companies tie executive pay to ESG performance, although even strong ESG advocates debate the advisability of doing so. This Article joins the fray by closely examining ESG-based CEO pay arrangements at a subset of companies with leadership positions on the Business Roundtable, an industry trade group that embraced ESG in a 2019 statement …

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.

How The Family And Medical Leave Act Does Not Serve Women Of Color, Anahi Casas Perez

Seaver College Research And Scholarly Achievement Symposium

Presentation Type

Poster Presentation

Keywords

Woman of Color, single mother of color, Family and Medical Leave Act

Department

Social Work/ Sociology

Major

Music with an Emphasis in Voice

Abstract

The Family and Medical Leave, FMLA, was enacted into Federal law in 1993 under the Bill Clinton Administration to enable employees to take unpaid time off to tend to a medical or familial event that makes attendance at work impossible. Specifically, FMLA was created to

“to balance the demands of the workplace with the needs of families, to promote the stability, economic security of families, and promote national interests in preserving …

Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] "In a recent commentary, I contrasted the pragmatic consequentialism of retiring Supreme Court Justice Stephen Breyer – and, more generally, the other two members of the court’s liberal bloc (Justices Sonia Sotomayor and Elena Kagan) – with the structural formalism of the court’s six-justice conservative supermajority. I also suggested that this framework may provide a more useful way to understand many of the court’s recent and upcoming blockbuster decisions than the partisan angle that court watchers so frequently use."

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …

Qualified Sovereignty, Kate Sablosky Elengold, Jonathan D. Glater

Washington Law Review

Sometimes acts of the federal government cause harm; sometimes acts of contractors hired by the federal government cause harm. In cases involving the latter, federal contractors often invoke the sovereign’s constitutionally granted and doctrinally expanded supremacy to restrict avenues for the injured to recover even from private actors. In prior work, we analyzed how federal contractors exploit three “sovereign shield” defenses—preemption, derivative sovereign immunity, and derivative intergovernmental immunity—to evade liability, accountability, and oversight.

This Article considers whether, when, and how private federal contractors should be held accountable in a court of law. We argue that a contractor should be required …

Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark Adams

Articles

No abstract provided.