Untangling Discrimination: The Crown Act And Protecting Black Hair,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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?,
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,
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),
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.
