| Author | Title | Citation | Summary | Year |
| Andrea M. Agee, Workplace Justice Project, 7600 Jeanette Street, New Orleans, La 70118 |
LABOR AND EMPLOYMENT LAW |
73 Louisiana Bar Journal 196 (October/November, 2025) |
The Fair Labor Standards Act (FLSA) of 1938, which set a minimum wage and provided overtime protections for workers, excluded many engaged in domestic service, tipped work and agriculture. The testimony in 2021 Congressional hearings revealed that this labor force was predominantly composed of Black workers and women of all races; they were... |
2025 |
| Delaney Gatine |
LEAVE AND DON'T COME BACK: REDUCING JUVENILE RECIDIVISM THROUGH EMPLOYMENT |
93 George Washington Law Review Arguendo 59 (September, 2025) |
When they are released from detention centers, two-thirds of juvenile offenders choose not to re-enroll in school. Many children in this position return to socioeconomically disadvantaged, high-crime areas where school may be seen as nonessential. Although educational programming in juvenile detention centers may allow offenders to maintain some... |
2025 |
| Frederick (Rick) Alimonti |
MEDIATING THE EMPLOYMENT CASE 101: A MEDIATOR'S PERSPECTIVE |
27 TortSource 7 (Spring, 2025) |
My litigation practice area has been nearly exclusively aviation litigation since 1990. In 2011, I was honored to become a member of the Mediation Panel for the US District Court for the Southern District of New York, in which employment discrimination cases are on a mandatory mediation track. It has been an amazing and fulfilling journey, and my... |
2025 |
| Marcy L. Karin , Deborah A. Widiss |
MENSTRUATION, MENOPAUSE, AND THE PREGNANT WORKERS FAIRNESS ACT |
48 Harvard Journal of Law & Gender 103 (Spring, 2025) |
Some workplaces are extraordinarily inhospitable to menstruators, especially those in low-wage jobs. Workers have been denied restroom breaks and then harassed or fired after menstrual blood leaked onto their clothes or their employer's property. Employers routinely refuse to provide accommodations for menopause symptoms or time off for... |
2025 |
| Anna Stolley Persky |
MILLENNIALS DEMAND WORK-LIFE BALANCE MORE THAN THEIR PREDECESSORS, BUT CHALLENGES PERSIST |
110-JAN ABA Journal 36 (December/January, 2024-2025) |
Giugi Carminati, 41, had the first of her four children when she was 24 and attending the University of Houston Law Center. As Carminati began practicing law in Houston, she and her husband thought they could have it all. Carminati figured she would put her children in day care and continue working her way up to partner. But child care costs for... |
2025 |
| Chaumtoli Huq |
MUSLIM AMERICAN WORKERS, FAITH AND LABOR ORGANIZING |
69 Saint Louis University Law Journal 299 (Winter, 2025) |
Islam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these... |
2025 |
| Reece Treasure |
NAVIGATING UNCHARTERED WATERS TO PRESERVE WORKPLACE DIVERSITY: MISCONCEPTIONS FROM OPPONENTS OF DEI NECESSITATING REVIEW OF LAWS GOVERNING PRIVATE EMPLOYERS |
94 UMKC Law Review 231 (Fall, 2025) |
Following the significant Supreme Court ruling in Students for Fair Admissions (SFFA) v. Harvard, which sent ripples throughout the educational landscape, a fresh wave of legal considerations now casts a shadow over private employers across America. The SFFA decision, in which the Supreme Court ruled affirmative action policies in college... |
2025 |
| Michael H. LeRoy |
NCAA WOMEN ATHLETES AND NIL PAY DISPARITIES: ARE THEY STUDENTS UNDER TITLE IX, EMPLOYEES UNDER TITLE VII, OR BOTH? |
93 University of Cincinnati Law Review 979 (2025) |
C1-3Contents I. Introduction. 981 A. Overview of Discrimination Against College Women Athletes. 981 B. Organization of This Article. 984 II. Athletic Labor in College Sports: Detours and Paths to Employment. 986 A. Background and Context. 986 B. Detours to Employment: Legal and Market Development in the NIL Era. 988 1. NIL Rights for College... |
2025 |
| Alyssa Merhy |
OH BABY: PAID PARENTAL LEAVE'S ROLE IN BUSINESS AND EMPLOYEE SUCCESS |
48 Suffolk Transnational Law Review 344 (2025) |
At some point in every employee's career, they will require time away from work to deal with a qualified medical or family need. Should these employees have to wonder how they will financially survive during that time? Or if their job will still be open upon their return? The Family and Medical Leave Act (FMLA), enacted in 1993, provides employees... |
2025 |
| Madeline M. Smith |
OPENING THE FLOODGATES: THE DANGERS OF OVER-APPLYING THE RELIGIOUS FREEDOM RESTORATION ACT TO EMPLOYER-SPONSORED HEALTHCARE MANDATES |
35 George Mason University Civil Rights Law Journal 207 (Spring, 2025) |
While alternative options exist, most Americans obtain their health insurance through employer-sponsored group health plans. In 2023, 164.7 million Americans--60.4% of Americans under the age of 65--were on employer-sponsored health insurance. While the Affordable Care Act (ACA) and other care mandates limit the amount of control an employer has... |
2025 |
| Arianne Renan Barzilay |
OVERRIDING OVERTIME IN DECENTRALIZED WORK |
70 Villanova Law Review 421 (2025) |
A critical aspect of the American labor market has largely eluded scholarly attention: the phenomenon of millions of American workers holding multiple jobs. This Article represents a novel examination of this phenomenon termed decentralized work and elucidates the legal challenges it presents by juxtaposing it with the Fair Labor Standards Act.... |
2025 |
| A. Nicole Kreisberg , Penn State University, University Park, PA 16803, USA, Email: nqk5458@psu.edu |
PREFERENCE OR PENALTY? THE LAW AND EMPLOYERS' DIVERGING HIRING INTENTIONS OF LATINO IMMIGRANTS |
50 Law and Social Inquiry 569 (May, 2025) |
(Received 17 April 2024; revised 14 October 2024; accepted 18 December 2024; first published online 10 April 2025) There is conflicting evidence as to whether employers prefer immigrants over native-born workers when hiring. Some evidence suggests that employers might penalize immigrants over comparably educated co-ethnic native-born workers. Yet... |
2025 |
| Andrew Elmore, Kati L. Griffith, Sachin S. Pandya |
PRESUMING JUSTICE FOR TEMP WORKERS |
67 William and Mary Law Review 341 (November, 2025) |
Workers need to know who their employers are. Who is responsible for remedying workplace dangers? Who can they sue for restitution when they are discriminated against at work, or do not get paid for all of the hours they work? Temp agency contracts complicate these seemingly simple questions. In workers' rights cases involving temps, courts and... |
2025 |
| Pierina Hernandez Luperdi |
REIMAGINING EMPLOYMENT DISCRIMINATION UNDER TITLE VII: NATIONAL ORIGIN AND IMMIGRATION STATUS AFTER BOSTOCK |
53 Fordham Urban Law Journal 627 (December, 2025) |
Introduction. 628 I. History of Title VII and Immigrant Status Protection. 633 A. Development of National Origin Discrimination under Title VII. 634 1. Overview of Title VII. 634 2. National Origin Under Title VII. 635 3. National Origin as Country of Origin. 639 4. Agency Interpretation of National Origin. 641 B. Social Movements Behind Espinoza... |
2025 |
| LindaRose Piccolo |
REMOTE WORK'S COMPLICATION OF COMPANIES' PERSONAL JURISDICTION STANDINGS: MORPHING THE HISTORICAL ANALYSIS TO FIT MODERN REMOTE WORK CHARACTERISTICS |
14 American University Business Law Review 879 (2025) |
Personal jurisdiction ensures that the proper forum adjudicates civil disputes to prevent burdening a defendant with litigating in inconvenient forums. International Shoe Co. v. Washington established that defendants must have minimum contacts with the forum state such that exercise of jurisdiction comports with fair play and substantial justice.... |
2025 |
| Seth McDowell |
RESTORING ACCESS TO JUSTICE: A STATE-LEVEL SOLUTION TO MANDATORY ARBITRATION IN EMPLOYMENT |
58 Columbia Journal of Law and Social Problems 485 (2025) |
For decades, the Supreme Court has favored arbitration agreements in employment and struck down state attempts to limit their use. In so doing, the Court has often cited the Federal Arbitration Act's (FAA) supposed liberal federal policy favoring arbitration. In its 2021-2022 term, the Court broke with prior precedent, signaling that future... |
2025 |
| Julie C. Cortes |
RIDING THE SILVER TSUNAMI IN PURSUIT OF ECONOMIC DEMOCRACY: ECONOMIC INEQUALITY, BABY BOOMERS, AND WORKER COOPERATIVES |
32 Georgetown Journal on Poverty Law and Policy 205 (Winter, 2025) |
The American Dream, a national ethos centered on the belief in equal opportunity and upward socio-economic mobility through hard work, has evolved significantly over time. Originally, it embodied ideals of liberty, justice, and economic democracy, opposing excessive wealth accumulation and economic inequality. However, over the 20th century, it... |
2025 |
| Kelly Maurer |
SECURE 2.0'S AUTOMATIC ENROLLMENT PROVISIONS AND THEIR POTENTIALLY DETRIMENTAL EFFECT ON UNDOCUMENTED IMMIGRANT WORKERS |
28 University of the District of Columbia Law Review 188 (Spring, 2025) |
Retirement plans have long been viewed as a prime financial tool, helping millions of Americans prepare for the day when they will no longer be able to work but will still need to finance their lives. For most Americans, retirement plans represent financial security and freedom. Recognizing the important role that tax advantaged plans play in... |
2025 |
| Kaitlyn Willoughby, Taylor-Ryan Nedd, Tess Ostroff, Ziwei Lin, Riley Smith |
SEX WORK |
26 Georgetown Journal of Gender and the Law 1053 (Annual Review 2025) |
I. Introduction. 1054 II. Definition of Prostitution Under State Laws. 1058 A. Sexual Activity or Conduct. 1058 B. Compensation. 1060 C. Intent. 1060 III. Crimes Related to Prostitution. 1060 A. Patronizing a Prostitute. 1061 B. Pandering and Procuring. 1062 C. Health and Sexually Transmitted Infections. 1063 IV. Defenses to Prostitution Charges.... |
2025 |
| Matthew W. Finkin |
SOCIAL MEDIA, SOCIAL SENSIBILITIES, AND THE EMPLOYMENT RELATIONSHIP |
27 Journal of Contemporary Legal Issues 1 (2025) |
Who watches his mouth guards his own life, who cracks open his lips knows disaster. Prov. 13:3 C1-3Table of Contents I. Introduction. 1 II. Two Facets of Free Speech. 4 III. The Messenger and the Media in the Currents of Social and Technological Change. 7 A. The Messenger: From Other Direction to Narcissism. 7 B. The Media. 11 IV. Caught in the... |
2025 |
| Francesca L. Procaccini |
SOCIAL NETWORK AS WORK: A LABOR PARADIGM FOR REGULATING SPEECH ON SOCIAL MEDIA |
110 Cornell Law Review 389 (March, 2025) |
Social media has eluded regulation by taking refuge in the First Amendment. The First Amendment, scholars and lawmakers overwhelmingly argue, is a formidable obstacle to regulation because social media facilitates the creation and exchange of speech by users. The received wisdom, therefore, characterizes users as consumers of a speech-related... |
2025 |
| William R. Corbett |
STRIPPING TITLE VII DOWN TO ITS BARE ESSENTIALS: UNCOVERING AN EMPLOYEE-FRIENDLY EMPLOYMENT DISCRIMINATION LAW |
94 George Washington Law Review Arguendo 35 (November, 2025) |
C1-2Table of Contents Introduction. 36 I. Muldrow and Ames: Scrubbing Off Judicial Gloss in the Name of Textualism. 37 A. Muldrow: Redefining Actionable Adverse Employment Actions. 37 B. Ames: Narrowing the Prima Facie Case Standard in Reverse Discrimination Cases. 42 II. Is McDonnell Douglas Next?. 46 A. Justice Thomas's Concurrence in Ames and... |
2025 |
| Lillie Clifton |
STUDENT-ATHLETES AS EMPLOYEES: A CLASSIFICATION WITH FAR-REACHING IMPLICATIONS ON COLLEGIATE SPORTS |
32 Sports Lawyers Journal 77 (Spring, 2025) |
I. Introduction. 77 II. Johnson, USC, and Dartmouth: The Cases Setting the Stage. 79 A. The FLSA: Johnson v. NCAA. 79 B. The NLRB. 80 1. USC. 80 2. Dartmouth. 81 III. Analysis: The Potential Implications of Student-Athletes as Employees. 82 A. Overall Impact. 82 B. Impact of Johnson. 83 C. Impact of NLRB Rulings in USC and Dartmouth. 83 1. USC. 83... |
2025 |
| Keith W. Carlson |
STUDENTS FOR FAIR ADMISSIONS, AMES, AND CALIFORNIA EMPLOYERS |
67-NOV Orange County Lawyer 37 (November, 2025) |
Two years ago, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. Harvard, 600 U.S. 181 (2023). Ostensibly, the decision was about collegiate admissions practices. It considered the Fourteenth Amendment's Equal Protection Clause and Title VI of the Civil Rights Act of 1964--looking specifically at Harvard and UNC's... |
2025 |
| Kevin Herrera |
TEMPORARY/FOREVER: THE FISSURED ECONOMY, OBSTACLES TO EMPLOYMENT, AND REGULATING THE FUTURE OF EXPLOITATION IN TEMP WORK |
56 Loyola University Chicago Law Journal 573 (Summer, 2025) |
Among workers in United States, contingent and temporary work arrangements have grown to represent a substantial segment of available jobs, with spikes in their predominance corresponding to major economic shake ups like the Great Recession and the COVID-19 pandemic. These arrangements are part of a larger trend of the fissuring of United States... |
2025 |
| Dawn D. Bennett-Alexander |
THE ANATOMY OF CREATING A NEW LEGAL DISCIPLINE IN WHICH INTERSECTIONALITY IS INTEGRAL: TEACHING EMPLOYERS TO ACCEPT THE IMPORTANCE OF WORKPLACE DISCRIMINATION AND UNDERSTANDING THE CONNECTION BETWEEN THE INTERSECTIONALITY MESSAGES WE RECEIVE AND HOW THEY |
76 Mercer Law Review 647 (April, 2025) |
The Author created the first law course in the country for colleges of business that taught business students how to recognize and work to avoid the genesis of workplace discrimination legal claims that lawyers are then called upon to handle, many of which are firmly rooted in intersectionality. That is, Title VII of the Civil Rights Act of 1964... |
2025 |
| M. Thomas Yang |
THE CLOBES CONUNDRUM: WHY MULDROW SHOULD NOT APPLY TO HOSTILE WORK ENVIRONMENT CLAIMS AND HOW THE EIGHTH CIRCUIT GOT IT RIGHT |
90 Missouri Law Review 635 (Spring, 2025) |
In 2024, the Supreme Court held that an employee does not have to prove material harm to prevail on a discrimination claim under Title VII. Because hostile work environment claims also derive from Title VII, courts and litigants are currently grappling with whether this ruling upends the long-standing severe or pervasive doctrine. This Note... |
2025 |
| Evelyn Marcelina Rangel-Medina |
THE DISPOSABLE "ESSENTIAL" WORKERS OF COVID-19 |
66 Boston College Law Review 69 (January, 2025) |
Introduction. 71 I. Structural Inequalities in Low-Wage Essential Employment. 76 A. Six Structural Factors Underlying Inequality in Employment. 76 B. COVID-19 Exacerbated Structural Inequity for Low-Wage Workers of Color. 82 C. Essential Workers in the Food Chain System During COVID-19. 88 1. Agricultural Essential Workers. 89 2. Meatpacking... |
2025 |
| Madalyn Rhett Parr |
THE ILLUSION OF CHOICE: WHY TEXAS' OPEN AND OBVIOUS DEFECT DOCTRINE FAILS INJURED WORKERS |
56 Saint Mary's Law Journal 151 (2025) |
I. Introduction. 152 II. Development of the Doctrine: The No-Duty Rule. 156 A. The No-Duty Rule. 156 B. Abolition of the No-Duty Rule. 159 C. Two Steps Forward, Three Steps Back. 162 III. Modern Implications of Austin & SandRidge. 165 IV. Analysis: The Doctrine's Problem with Texas Workers. 170 A. Limitations of Human Behavior: It's Not That... |
2025 |
| Theresa M. Beiner |
THE IMPACT OF DIVERSITY ON THE BENCH FOR EMPLOYMENT DISCRIMINATION CASES |
59 University of Richmond Law Review 253 (Winter, 2025) |
C1-2Table of Contents Introduction. 254 I. Diversity in the Federal Judiciary. 255 A. What Is Meant by Diversity?. 256 B. Why Diversity Matters. 257 C. Diversity on the Federal Bench. 261 II. Decision-Making in Employment Discrimination Cases by Nontraditional Judges. 264 III. Evidence of an Anti-Plaintiff Bias in Employment Discrimination Cases.... |
2025 |
| David Lopez |
THE QUEST FOR ALGORITHMIC JUSTICE IN THE WORKPLACE: THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND OTHER FEDERAL RESPONSES TO AI, TECHNOLOGY, AND ENHANCED DANGERS OF EMPLOYMENT DISCRIMINATION |
49 Seton Hall Journal of Legislation & Public Policy 683 (2025) |
The potential uses and misuses of artificial intelligence (AI) and other emerging technologies have been the subject of much discussion within and between academia, state and federal enforcement agencies, the advocacy community, and the business/human resource community. Many scholars prospect these technologies could produce fairer, less... |
2025 |
| Madeleine Gyory |
THE REASONABLE PREGNANT WORKER |
113 California Law Review 1995 (December, 2025) |
Pregnant workers often need changes to their work responsibilities to stay healthy during pregnancy while earning a paycheck. Congress passed the Pregnant Workers Fairness Act (PWFA) in December 2022, entitling many workers for the first time to reasonable accommodations for their pregnancy, childbirth, and related medical conditions--so long as... |
2025 |
| Manoj Kumar Sinha |
THE RIGHT TO WORK: INDIA'S OBLIGATIONS UNDER THE CONSTITUTIONAL SCHEME AND THE ILO FRAMEWORK |
20 Intercultural Human Rights Law Review 365 (2025) |
All major national, regional and international instruments recognize the right of everyone to the enjoyment of just and favorable conditions of work. The same is recognized in conventions and recommendations of the International Organisation (ILO). Everyone has the right to the enjoyment of just and favorable conditions of work, without any... |
2025 |
| Hailey Simpson |
THE WORKER FIGHT AGAINST COMPELLED LISTENING: THE PAST, PRESENT, AND FUTURE OF CAPTIVE AUDIENCE MEETINGS IN THE WAKE OF AMAZON.COM |
26 Nevada Law Journal 289 (Fall, 2025) |
C1-2Table of Contents Introduction. 290 I. The Historic and Current Context of Captive Audience Meetings. 296 A. Captive Audience Meetings and the Human Impact on Workers. 296 B. A History of the Union Avoidance Industry. 296 II. The Legal Road to Amazon.com. 298 A. Primer on the NLRA and the NLRB. 298 1. Rights Under the NLRA. 299 2. NLRB... |
2025 |
| Roger C. Hartley |
THINKING OUTSIDE THE BOX WITH AI: ADAPTING 20TH CENTURY LABOR AND EMPLOYMENT LAW TO 21ST CENTURY ALGORITHMS THAT SELECT, MONITOR, AND CONTROL EMPLOYEES |
32 Virginia Journal of Social Policy and the Law 104 (Spring, 2025) |
Introduction. 106 I. Workplace Digital Technologies: A Marriage of Data Inputs and Predictive Algorithmic Outputs. 109 II. Implications of AI and Machine Learning Algorithms for the Law Protecting Employees' Rights to Privacy, Equality, and Dignity. 111 A. Plausibility of Showing that a Software Vender Is a Covered Entity under Federal... |
2025 |
| Jack Mairs |
TITLE TROUBLE: HOW AFFIRMATIVE ACTION MAY KILL DEI IN EMPLOYMENT |
19 Ohio State Business Law Journal 311 (2025) |
C1-3Table of Contents I. Introduction. 311 II. Background. 313 A. Gender and Sexual Orientation Discrimination and Bostock v. Clayton County. 314 B. Affirmative Action's Death in Higher Education and Students for Fair Admissions v. Harvard. 325 III. Argument. 328 A. The Bostock Framework. 329 B. How Students for Fair Admissions Impacts this... |
2025 |
| Michael T. Combrink , Diana Elston-Miller |
TORT CLAIMS IN INDIAN COUNTRY |
61-AUG Arizona Attorney 46 (July/August, 2025) |
As a sovereign entity, the United States of America is immune from suit. Historically, unless the federal government consented to a lawsuit, plaintiffs had no recourse when federal employees committed torts. Before the Federal Tort Claims Act (FTCA), Congress had to create specific waivers of sovereign immunity for the U.S. to be sued. The FTCA... |
2025 |
| Jasmine Wallace |
UNMASKING THE ALGORITHM: ADDRESSING BIAS AND ACCOUNTABILITY IN AI-DRIVEN EMPLOYMENT PRACTICES |
28 University of the District of Columbia Law Review 240 (Spring, 2025) |
As Artificial Intelligence (AI) technology advances and becomes widely used, AI operated systems have permeated numerous decision-making processes in society, including influencing critical outcomes in areas such as employment, housing, and education. Today, AI-driven systems perform critical tasks like screening job applicants, assessing tenant... |
2025 |
| Dallan F. Flake |
VALUING WORKER AUTHENTICITY |
66 William and Mary Law Review 1089 (April, 2025) |
Title VII of the Civil Rights Act of 1964 protects workers from discrimination because of their race, color, religion, sex, or national origin. Controversially, courts do not typically extend this protection to individual expression tied to a protected trait, such as a Black employee who wears their hair in dreadlocks or a Latino employee who... |
2025 |
| Kalysa To |
WAGE THEFT IN LOS ANGELES: EVALUATING THE DEPUTIZATION OF WORKER CENTERS AS AN ENFORCEMENT MEASURE |
98 Southern California Law Review 725 (February, 2025) |
In 2023, Los Angeles County was called the wage theft capital of the nation, with up to $28 million stolen from workers every week. This form of theft especially places low-income workers at risk; 80% of low-wage Los Angeles County workers reportedly experience wage theft. In spite of this vast problem, however, government agencies tasked with... |
2025 |
| Michelle Browning Coughlin |
WHEN THE "ATTORNEY WORK PRODUCT" IS A NEW BABY: THE CASE FOR PARENTAL-LEAVE CONTINUANCE RULES |
29 Lewis & Clark Law Review 397 (2025) |
Parental-Leave Continuance Rules (PLCRs) are gender-neutral procedural rules that provide specific frameworks to courts for granting requests for a continuance of a scheduled legal proceeding or deadline if a necessary counsel is unavailable because they or their parenting partner will be experiencing a birth, adoption, or foster placement of a... |
2025 |
| Carrie Hempel , Gowri J. Krishna |
WITHIN THE LAW, BEYOND EXPLOITATION: THE EVOLUTION OF IMMIGRANT WORKER COOPERATIVES |
52 Fordham Urban Law Journal 931 (April, 2025) |
This Article explores worker cooperatives as a viable and legally permissible pathway for immigrants without work authorization to participate in the United States economy. Due to federal immigration laws that penalize employers for hiring workers without authorization, these immigrants face systemic exclusion from formal employment. Yet,... |
2025 |
| Peggie Smith , Marion Crain |
WOKE-WASHING AT WORK |
102 Washington University Law Review 1509 (2025) |
In the modern era, corporate marketing and branding processes frequently encompass a public commitment to progressive social causes favored by a firm's base of both consumers and workers. So-called woke capitalism, or values-based branding, is designed to build a relationship between the firm and its stakeholders that will yield brand loyalty and... |
2025 |
| Kiera Doughty |
WORK WITHOUT BORDERS: LEGAL CHALLENGES IN THE AGE OF REMOTE AND HYBRID EMPLOYMENT |
9 Business, Entrepreneurship & Tax Law Review 111 (Spring, 2025) |
The shift to remote and hybrid work arrangements in recent years has fundamentally changed employment practices, offering increased flexibility while also creating complex legal and regulatory issues for employees, employers, and state authorities, specifically in the tax and human resources contexts. The current system of state and local laws... |
2025 |
| Ethan W. Smith |
WORKING AT THE SPEED OF PROFIT: MEATPACKING WORKERS AND THE CENTURY-OLD PROBLEM OF LINE SPEED |
48 New York University Review of Law and Social 121 Change(2025) |
For over a century, worker concerns over the dangers of line speed have been well documented. Despite this, line speed--the rate at which workers are expected to perform discrete tasks along a meat processing line--is set at the federal level without any consideration of the impact on workers. The result is a persistent history of oppressive... |
2025 |
| Alysse Danyi |
WORKPLACE TUG-OF-WAR: THE PENNSYLVANIA SUPREME COURT WEIGHS COMPETING INTERESTS WITH NEW CAUSE OF ACTION TO PROTECT AT-WILL EMPLOYEES FROM THIRD-PARTY INTERFERENCE IN SALSBERG v. MANN |
70 Villanova Law Review 521 (2025) |
[A] proper balance must be maintained among the employer's interest in operating a business efficiently and profitably, the employee's interest in earning a livelihood, and society's interest in seeing its public policies carried out. The at-will employment doctrine, which allows employers to terminate employees for any reason--or no reason at... |
2025 |
| Elissa Underwood Marek |
"LET US WORK, MAN": ASSERTING RIGHTS TO EMPLOYMENT FOR INDIVIDUALS WITH CONVICTION HISTORIES IN AUSTIN, TEXAS |
51 Fordham Urban Law Journal 1065 (April, 2024) |
Introduction. 1065 I. The (Grass)Roots of the Ban the Box and Fair Chance Hiring Movement. 1068 II. Collaborative Policymaking & Community Engagement in Austin, Texas. 1078 III. Radical Resilience in Response to Preemption in Southern States. 1086 IV. Local Governments as Facilitators of Equitable and Sustainable Economic Advancement. 1090... |
2024 |
| Matthew Burnett , Rebecca L. Sandefur |
A PEOPLE-CENTERED APPROACH TO DESIGNING AND EVALUATING COMMUNITY JUSTICE WORKER PROGRAMS IN THE UNITED STATES |
51 Fordham Urban Law Journal 1509 (September, 2024) |
Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades--people without law licenses have long been authorized to provide representation in immigration matters, Tribal... |
2024 |
| Allanah Colley |
A RENEWED CALL FOR "SÍ, SE PUEDE!" FINDING HEALING AND ACCOUNTABILITY FOR THE SEXUAL HARASSMENT OF LATINA FARMWORKER WOMEN |
27 Harvard Latin American Law Review 103 (Spring, 2024) |
Research indicates that roughly 25 to 50 percent of all women in the United States' workforce have experienced at least one incident of sexual violence. For the more than 560,000 farmworker women who pick and pack fresh produce in the United States agriculture industry, estimates are that over 80 percent have experienced sexual harassment. Yet,... |
2024 |
| Erin Chow |
APP-BASED DRIVERS, EMPLOYEES OR INDEPENDENT CONTRACTORS?: BIG TECH'S FIGHT TO CLASSIFY DRIVERS AS INDEPENDENT CONTRACTORS PRIORITIZES FLEXIBILITY AND INNOVATION OVER LABOR AND CLASS IMPLICATIONS |
29 Suffolk Journal of Trial and Appellate Advocacy 89 (2023-2024) |
We insist that labor is entitled to as much respect as property. But our workers with hand and brain deserve more than respect for their labor. They deserve practical protection in the opportunity to use their labor at a return adequate to support them at a decent and constantly rising standard of living, and to accumulate a margin of security... |
2024 |