Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

11,169 Full-Text Articles 8,576 Authors 8,863,851 Downloads 215 Institutions

All Articles in Labor and Employment Law

Faceted Search

11,169 full-text articles. Page 78 of 246.

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton 2021 University of Cincinnati College of Law

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton

University of Cincinnati Law Review

No abstract provided.


Noncompete Agreements In The U.S. Labor Force, Evan P. Starr, J.J. Prescott, Norman D. Bishara 2021 University of Maryland

Noncompete Agreements In The U.S. Labor Force, Evan P. Starr, J.J. Prescott, Norman D. Bishara

Articles

Using nationally representative survey data on 11,505 labor force participants, we examine the use and implementation of noncompete agreements and the employee outcomes associated with these provisions. Approximately 18 percent of labor force participants are bound by noncompetes, with 38 percent having agreed to at least one in the past. Noncompetes are more likely to be found in high-skill, high-paying jobs, but they are also common in low-skill, low-paying jobs and in states where noncompetes are unenforceable. Only 10 percent of employees negotiate over their noncompetes, and about one-third of employees are presented with noncompetes after having already accepted job …


Structural Labor Rights, Hiba Hafiz 2021 Boston College Law School

Structural Labor Rights, Hiba Hafiz

Michigan Law Review

American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …


The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, ibrahem yahya, Mr. Amr Saabneh 2021 United Arab Emirates University

The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh

UAEU Law Journal

This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …


Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele 2021 University of Washington School of Law

Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele

Washington Journal of Environmental Law & Policy

This article analyzes the potential jobs and community health benefits created by a sample Resilient Recovery Portfolio of investments in Washington State. This type of investment mindset can kick-start job growth, shared economic prosperity, cleaner air, and climate-resilient communities, thereby serving as a template for Building Back Better in Washington and elsewhere. A Resilient Recovery Portfolio supports over ten jobs per million dollars invested in clean transportation, forest conservation and ecosystem restoration, clean energy, water and energy efficiency, low carbon agriculture, and sustainable industry programs. By comparison, the state’s ten largest industries support 4.3 jobs per million dollars invested. This …


Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso 2021 West Virginia University College of Law

Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


الحماية القانونية لأجر العامل في القانون الفلسطيني "دراسة مقارنة" د. أنس موسى حسن أبو العون– الباحث/ إبراهيم خالد يحيى, 2021 United Arab Emirates University

الحماية القانونية لأجر العامل في القانون الفلسطيني "دراسة مقارنة" د. أنس موسى حسن أبو العون– الباحث/ إبراهيم خالد يحيى

UAEU Law Journal

سعى البحث إلى ضبط دور المشرع الفلسطيني في توفير ضمانات لأجر العامل من زاوية مفهوم الأجر، وذلك من خلال تحديد مفهوم الأجر وما يتبعه من ملحقات في القانون الفلسطيني، حيث حاول البحث في الجزء الأول منه تحديد ما يعد من قبيل الأجر، وما لا يعد كذلك، بغية إسباغ الحماية على ما يدخل في مفهوم الأجر ومشتملاته. فعالج البحث الأجر عن العمل الإضافي ومدى اعتباره جزءاً من الأجر، والحد الأدنى للأجور، ومدى فعالية النصوص القانونية في تحديده ومواكبته للتطورات الاقتصادية، ومعرفة نظرة المشرع الفلسطيني الاجتماعية للأجر لسد حاجة العامل وحاجة أسرته، والتطرق لاستحقاق العامل الأجر دون عمل فعلي، ومناقشة قاعدة عدم …


Age Diversity, Alexander Boni-Saenz 2021 Chicago-Kent College of Law

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …


Vol. 38, No. 1, Robert Bruno, Nicholas Christen 2021 University of Illinois at Urbana-Champaign

Vol. 38, No. 1, Robert Bruno, Nicholas Christen

The Illinois Public Employee Relations Report

Educating During a Pandemic: The Role of Collective Bargaining in Going Back to School

By Robert Bruno and Nicholas Christen

Recent Developments


The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili 2021 University of New Hampshire School of Law

The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili

Law Faculty Scholarship

The rapid growth of technology is not only creating innovative goods and services, but it is also fundamentally altering the workplace and the traditional understanding of employee and employer relationships. This can be seen today with the rise of the gig economy and alternative work arrangements. Our paper seeks to explain how technology has reduced the cost of transacting with the market and lowering monitoring costs, and thereby driving the expansion of contracting, as seen in the rise of the gig economy. We then anticipate blockchain technology and smart contracts will further reduce transaction costs and continue to alter the …


Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li 2021 University of New Hampshire

Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li

Law Faculty Scholarship

The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical Al. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency …


Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation, Christopher B. Seaman 2021 Washington and Lee University School of Law

Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation, Christopher B. Seaman

Scholarly Articles

Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging employers to invest in employee training has been challenged by numerous legal and economics scholars in recent years, who contend noncompetes hinder employment options for skilled workers and limit information spillovers, which are both vital drivers of innovation. Based on these claims, several states have recently limited the enforcement of noncompetes, and legislation is pending at the federal level to effectively ban …


Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson 2021 University of Idaho College of Law

Labor Organization In Ride-Sharing: Unionization Or Cartelization?, Mark Anderson

Articles

The sharing economy brings together the constituent parts of a business enterprise into a structure that, on its surface, resembles a business firm, but in crucial ways is nothing like the traditional firm. This includes the ownership of the primary capital assets used in the business, as well as one of the most fundamental features of a firm-the relationship with its labor force. Sharing economy workers are formally contractors, running small businesses as sole entrepreneurs, with the effect that they are excluded from many of the protections made available to workers across the economy. The result is a seeming disparity …


Future Disabilities And Employment Discrimination Law, Amanda Valero 2021 St. Thomas University College of Law

Future Disabilities And Employment Discrimination Law, Amanda Valero

St. Thomas Law Review

This Article will first discuss the purpose of the ADA, the importance of the 2008 ADA Amendments, and how recent decisions will once again deny protections to individuals who are “regarded as” disabled. Part II describes the evolution of disability law in the form of the Rehabilitation Act, the ADA (Title I – Employment), and its amendments. Part III analyzes the “regarded as” prong of the ADA, the Sutton case which narrowly construed the protections afforded by the ADA, how the Sutton decision negatively impacted individuals discriminated against on the basis of a “disability,” and how the 2008 ADA amendments …


Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez 2021 St. Thomas University College of Law

Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez

St. Thomas Law Review

What drives a business? Most simply put, profit. But to what end? Employment classification has a significant impact on a business’s profit. The two most common worker classifications recognized globally are the independent contractor and the employee. This classification determines whether the individual receives access to pay, qualifies for benefits, and gains protection from discrimination. All these factors come at a cost to an employer and result in a cut in their overall profit. In the twentieth century, employment classification has been subject to heavy litigation in a particular field: the gig economy. The gig economy, which primarily grew in …


Review Of Philosophical Foundations Of Labour Law, Edited By Hugh Collins, Gillian Lester, And Virginia Mantouvalou, Matthew Dimick 2021 University at Buffalo School of Law

Review Of Philosophical Foundations Of Labour Law, Edited By Hugh Collins, Gillian Lester, And Virginia Mantouvalou, Matthew Dimick

Book Reviews

No abstract provided.


Workers' Comp And Contagious Disease: History And Future, Kate E. Britt 2021 University of Michigan Law School

Workers' Comp And Contagious Disease: History And Future, Kate E. Britt

Law Librarian Scholarship

Modern workers’ compensation schemes set out to provide financial relief to employees who contract an occupational disease during employment, like miners contracting black lung or contractors exposed to asbestos. Certain professions are understood to stand a particular risk of exposure to contagious diseases. Health-care workers interact with persons carrying contagious disease as a matter of course. What workers’ compensation does not cover are diseases which are so prevalent they are considered an “ordinary disease of life.” These diseases, like the common cold, influenza, or pneumonia, could be contracted by persons regardless of their profession, and workers’ compensation acts generally limit …


Labor Organization In Ride-Sharing—Unionization Or Cartelization?, Mark Anderson, Max Huffman 2021 Vanderbilt University Law School

Labor Organization In Ride-Sharing—Unionization Or Cartelization?, Mark Anderson, Max Huffman

Vanderbilt Journal of Entertainment & Technology Law

The sharing economy brings together the constituent parts of a business enterprise into a structure that, on its surface, resembles a business firm, but in crucial ways is nothing like the traditional firm. This includes the ownership of the primary capital assets used in the business, as well as one of the most fundamental features of a firm—the relationship with its labor force. Sharing economy workers are formally contractors, running small businesses as sole entrepreneurs, with the effect that they are excluded from many of the protections made available to workers across the economy. The result is a seeming disparity …


The Deadly Cost Of Unregulated Labor: How The United States Fair Labor Standards Act Violates The International Labour Organization’S Ilo Convention No. 182 In Failing To Provide Protections For Children Working In Agriculture, Sara Salinas 2021 American University Washington College of Law

The Deadly Cost Of Unregulated Labor: How The United States Fair Labor Standards Act Violates The International Labour Organization’S Ilo Convention No. 182 In Failing To Provide Protections For Children Working In Agriculture, Sara Salinas

Upper Level Writing Requirement Research Papers

The Fair Labor Standards Act of 1938 (FLSA) was the first successful comprehensive legislation addressing child labor laws in the United States. While important, the FLSA left a lot to be desired for agricultural child workers as it provides less protections for them than for non-agricultural child workers. This disparity has left child agricultural workers legally allowed to work in hazardous conditions at a young age, and work nearly unlimited hours. For the most part, child labor laws were at a stalemate until 1999 when the United States ratified the International Labor Organization (ILO) Convention No. 182, also known as …


Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg 2021 UIC School of Law

Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg

UIC Law Review

No abstract provided.


Digital Commons powered by bepress