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The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli

Comparative Labor Law & Policy Journal

The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Front Matter

Book Review: Défense Et Illustration De L’Action Internationale: L’Example De L’Oit By Jean-Michel Servais, Editions L’Harmattan, 20251, Lance Compa

Comparative Labor Law & Policy Journal

For decades a leading figure among senior legal officials at the International Labour Organization (ILO), Jean-Michel Servais has synthesized his experience in a magisterial work that every international labour law scholar and practitioner should have on hand — if they read French. This brief review is meant to introduce it to a broader audience, with hope that the book might be translated and published for the benefit of English readers, too.

Magang Atau Pekerja? Menggugat Status Abu-Abu Tenaga Paruh Waktu Mahasiswa Di Fakultas Hukum Ugm, Patricia Nerissa Krisna Putri, Markus Togar Wijaya

Jurnal Hukum & Pembangunan

This study highlights the controversy surrounding the change in nomenclature for student workers at Gadjah Mada University, particularly within the Faculty of Law. The status of these workers has shifted from 'part-time' to 'student intern'. This unilateral change has created a legal grey area that could lead to students being subjected to disguised employment practices. Using socio-legal research methods, this article examines the validity of the 'internship' status based on the elements of an employment relationship (work, orders and wages) within the labour law regime, analysing it using the theory of structural injustice. The research findings suggest that reclassifying part-time …

Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

When Walking Out Doesn’T Mean Losing Out: Why Rhode Island Should Reform Its Model For Unemployment Insurance In Relation To Striking Workers, Trina Capezza

Roger Williams University Law Review

No abstract provided.

Data Rights For Workers, Pauline Kim, Rachel Leavitt

Scholarship@WashULaw

Workers are subject to immense amounts of data collection on the job, and the algorithmic management tools built with that data can produce negative effects, including deskilling jobs, unstable work hours, reduced wages, and dangerous and degrading working conditions. Workers thus have significant interests how their data are collected and used, and yet they have been excluded from nearly all the recently enacted or proposed data protection laws. Their exclusion stems from data protection’s roots in privacy law and theory, which primarily focused on consumers as data subjects. Current data protection laws, even if expanded to cover workers, would provide …

Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti

Jurnal Hukum & Pembangunan

This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …

Workplace Retaliation And The Intersection Of Protected Conduct And Job Performance, Chris M. Schmidt

Arkansas Law Review

A host of statutory schemes seek to ensure equal employment opportunities in the United States by eradicating workplace discrimination (“EEO laws”). Consider two foundational pillars necessary for these EEO laws to strike the desired balance between individual rights and workplace efficiency. First, employees require robust protection from retaliation if they engage in protected conduct—for example, by reporting perceived discrimination. Second, employers can—and ideally, should—make employment decisions based on how an employee performs the job.

The interests in robust protection and performance-based decision-making serve the purposes of our EEO laws and are well-established. Rarely do they conflict (to the contrary, they …

Religious Employment And The Tensions Between Liberty And Equality, R. Shawn Gunnarson, James C. Phillips, Christopher A. Bates

BYU Law Review

Located in Title VII of the Civil Rights Act of 1964 is an exemption for religious employers that is often misunderstood. Often courts and commentators mischaracterize it as a narrow privilege for religious employers to hire people of the same religion. But the statute’s text says otherwise. This article resolves interpretive debates about the meaning and application of the religious employer exemption through a close textualist reading that discovers a new understanding of the structure of Title VII. Our approach applies the tools of textualism, the prevailing theory of statutory interpretation. Paying attention to the text and structure of Title …

Mobility And Power In Temp Work, Andrew Elmore

BYU Law Review

Labor mobility is an underdiscussed determinant of temp worker power. Drawing on original interviews with professional and blue-collar workers who work as and alongside temps, this Article shows how businesses use staffing agencies to restrict the labor mobility of contingent workers. Staffing agencies limit worker mobility by imposing user- and worker-side contractual restraints while misrepresenting themselves to temp workers as their sole employer. They also exploit state-imposed mobility limitations by recruiting foreign nationals and people leaving incarceration and channeling them into their most precarious work. This enables clients to dismantle internal labor markets and to fill staffing shortages without raising …

Labor And Employment Law, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Supreme Court of Georgia and the Court of Appeals of Georgia from June 1, 2024 to May 31, 2025. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (“O.C.G.A.”).

Despite Successful Lawsuits And Investigations, Kensington Grocery Stores Still Deny Workers Legal Wages, Tareq Saghie

Capstones

This article looks at three grocery stores in Kensington, Brooklyn that continue to pay immigrant workers below legal wages despite courts and the Department of Labor penalizing them for it repeatedly. The reporting speaks to the ineffectiveness of the law at deterring labor violations, the commonality of wage theft in New York's grocery stores, and the impacts it has on workers.

https://medium.com/@tareqsaghienyc/despite-successful-lawsuits-and-investigations-kensington-grocery-stores-still-deny-workers-legal-a332c980a1cb

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Société Des Casinos Du Québec Inc. V. Association Des Cadres De La Société Des Casinos Du Québec: The Supreme Court Of Canada Gambles On Liberal Voluntarism To Provide Meaningful Access To Collective Bargaining, Eric Tucker

All Papers

In April 2024, the Supreme Court of Canada (SCC) unanimously ruled that the exclusion of managerial employees from Quebec’s main statutory collective bargaining regime, combined with a failure to provide them with access to any other statutory labour rights, did not violate their constitutionally protected freedom of association. This decision raises many questions about the future of constitutional labour rights at the Supreme Court. In this brief comment I address what is arguably the biggest takeaway for workers such as the casino managers whose freedom of association is poorly or entirely unprotected by statutory rights: that despite the majority judgment’s …

Ben's Blog 1: What Would Benjamin Cardozo Do? (Wwcd): The Holiday Party Edition, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The inaugural installment of Ben's Blog presents a fictional exchange inspired by Justice Benjamin N. Cardozo, applying his judicial philosophy to contemporary workplace holiday party issues. The blog explores employment law topics including workplace inclusion, alcohol policies, cannabis use, anti-harassment obligations, and employer liability in a lighthearted educational format.

Field Effect Sec. Inc. V. Eighth Jud. Dist. Ct. (Anderson), 141 Nev. Adv. Op. 63 (Dec. 04, 2025), Mary Shamon

Nevada Supreme Court Summaries

No abstract provided.

Ai In Canadian Workplaces: Why Clear Policies Can’T Wait, Stacy Thomas

Editorials and Commentaries

No abstract provided.