Labor and Employment Law Commons^™

Brief For The Respondent, Chevron U.S.A. V. Echazabal, No. 00-1406 (U.S. Feb. 1, 2002), Chai Feldblum, Chai Feldblum

U.S. Supreme Court Briefs

No abstract provided.

The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan Perea

Faculty Publications & Other Works

No abstract provided.

Don’T Forget To Like, Follow, And Regulate: An Argument For The Expansion Of Protections For Child Social Media Influencers

University of Michigan Journal of Law Reform

Child social media influencers, colloquially known as “kidfluencers,” have skyrocketed to fame alongside the growth of social media. However, traditional child labor laws do not consider online influencing “work” or these kids to be “child performers.” Thus, these children do not receive any form of legal protection for their presence online, leaving them open to exploitation and severe harms. This Note explores the lack of protection provided to kidfluencers, ultimately proposing a new federal labor law to expand child actor protections to kidfluencers. Part I of this Note provides a brief history of the landscape by reviewing landmark Supreme Court …

When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy

William & Mary Law Review

Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as “independent contractors.” But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as “contractors” rather than as “employees.” Aware of this age-old tactic to avoid liability, courts historically built …

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory

Marquette Law Review

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Fmla Leave Determinations/Medical Certifications

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about FMLA leave determinations and medical certifications.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model

Seattle Journal for Social Justice

No abstract provided.

Berle And Means’S The Modern Corporation And Private Property: The Military Roots Of A Stakeholder Model Of Corporate Governance

Seattle University Law Review

The Modern Corporation and Private Property by Adolf Berle and Gardiner Means (1932) remains one of the most cited works in management studies. Our paper shows that Berle and Means espoused a stakeholder theory of corporate governance that challenged the then-hegemonic idea that the sole purpose of a corporation is to create value for the shareholders. We argue that Berle and Means’s support for stakeholder theory can be associated with their earlier service in the U.S. military, an organization which then inculcated an ethos of public service in its members. Our paper, which is based on archival research in the …

Unmarked? Criminal Record Clearing And Employment Outcomes, Jeffrey Selbin, Justin Mccrary

Faculty Scholarship

An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively low-level misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and other opportunities. Harvard sociologist Devah Pager describes people with criminal records as “marked” with a negative job credential.

In response to this problem, lawyers have launched unmarking programs to help people take advantage of legal record clearing remedies. We studied a random sample of participants in one such …

A Timeline Of The Evolution Of Retirement In The United States

Memos and Fact Sheets

This document provides key highlights in the history of retirement in the United States. It provides some background on how the concept of retirement, and its legal treatment, has evolved. This time-line does not include every law related to pension and retirement plans. Rather, it emphasizes those laws that have come to shape how we view retirement, particularly the tax laws that encouraged employers to establish pension and retirement plans in the first place.