| Author | Title | Citation | Summary | Year |
| 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 |
| Phillis Rambsy , Rebecca Salawdeh |
CHASING FREEDOM: THE HISTORY OF GOVERNMENT OPPRESSION OF THE MOST VULNERABLE AND HOW EXPANDED LEAVE LAWS CAN PROMOTE LIBERTY FOR WORKERS IN THE WAKE OF DOBBS |
27 Employee Rights and Employment Policy Journal 135 (########) |
In Dobbs v. Jackson Women's Health Organization, the Supreme Court held that the Constitution does not protect a women's right to an abortion, rejecting both equal protection and substantive due process arguments under the Fourteenth Amendment. The Court held that the Constitution must be interpreted as it would have been by the ratifiers, thereby... |
2024 |
| Ewa Rejman |
CHILD MIGRANT WORKERS: THE INVISIBLE CHILDREN? |
52 Denver Journal of International Law and Policy 255 (Spring, 2024) |
From February to December 2023, The New York Times published a series of investigative articles on child migrant workers who take jobs that are off-limits to American children and simply disappear from the system while companies and government officials continued to shift blame to avoid responsibility. This case study serves as a starting point... |
2024 |
| Mariana Larson |
DIVERSITY ON TRIAL: NAVIGATING EMPLOYER DIVERSITY PROGRAMS AMIDST SHIFTING LEGAL LANDSCAPES |
8 Business, Entrepreneurship & Tax Law Review 239 (Spring, 2024) |
In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court's holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court's holding is... |
2024 |
| Trey Wilkins-Luton |
DO RE MI: WORKERS' INCLUSION IN ENVIRONMENTAL JUSTICE |
54 Environmental Law 461 (Spring, 2024) |
As environmental justice gains momentum in the United States, scholars and advocates alike have considered how environmental justice interacts with different groups and interests across different social dimensions. The recent broadening of the environmental justice movement has, however, generally overlooked labor considerations. Workers deserve... |
2024 |
| Brian D. Barger |
EMPLOYEE AFFIRMATIVE ACTION 101--OVERVIEW, HISTORY, AND LIKELY CHALLENGES POST-STUDENTS FOR FAIR ADMISSIONS |
59-SPG Procurement Lawyer 1 (Spring, 2024) |
When entities enter into a federal prime contract or subcontract, they often encounter contract or subcontract clauses that include the following employee affirmative action commitments: FAR 52.222-26 Equal Opportunity (E.O. 11246), FAR 52.222-36 Equal Opportunity for Workers with Disabilities, and FAR 52.222-35 Equal Opportunity for Veterans. At... |
2024 |
| Amanda Agan, Sonja Starr |
EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION |
53 Journal of Legal Studies 115 (January, 2024) |
Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... |
2024 |
| Valarie K. Blake , Elizabeth Y. McCuskey |
EMPLOYER-SPONSORED REPRODUCTION |
124 Columbia Law Review 273 (March, 2024) |
This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers' coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for... |
2024 |
| Katie Groves |
EMPLOYMENT LAW--BLURRED LINES: LOOPHOLES TO AVOID JOINT EMPLOYER LIABILITY--FELDER v. U.S. TENNIS ASS'N, 27 F.4TH 834 (2D CIR. 2022) |
29 Suffolk Journal of Trial and Appellate Advocacy 151 (2023-2024) |
Title VII of the Civil Rights Act of 1967 (Title VII) provides protections to employees against workplace discrimination on the basis of race, color, religion, sex, and/or national origin. However, the terms employee and employer under Title 41, Chapter 21 of the United States Code are ill defined, and can otherwise vary among state and... |
2024 |
| Daniel Sparks |
ENCRYPTING DISCRIMINATION: LGBTQ+ WORKERS IN THE GIG ECONOMY |
38 ABA Journal of Labor & Employment Law 69 (2024) |
While working as an Uber Eats delivery driver in Kansas in 2021, Laine, a transgender man, was required by company policy to display his legal name on his app profile, which he no longer used, effectively disclosing his transgender status. Customers were able to view his profile, which did not match his male gender identity, and he described... |
2024 |
| Heidi Liu |
FROM INFORMATION RESTRICTIONS TO EMPLOYER ACCOUNTABILITY: REFRAMING EMPLOYMENT DISCRIMINATION |
57 U.C. Davis Law Review 1797 (February, 2024) |
Information restrictions have received significant traction as a policy and legislative tool to fight employment discrimination. These policies forbid employers from requesting potentially prejudicial information like criminal records, salary history, or credit scores until the final stage of hiring. The assumption is that this information would... |
2024 |
| Terri Gerstein, LiJia Gong |
HOW LOCAL GOVERNMENT CAN PROTECT WORKERS' RIGHTS EVEN WHEN STATES DO NOT WANT THEM TO: OPPORTUNITIES FOR LOCAL CREATIVITY AND PERSISTENCE DESPITE DOUBLE PREEMPTION |
51 Fordham Urban Law Journal 977 (April, 2024) |
Local governments have emerged as key players in advancing and protecting workers' rights in a growing number of jurisdictions in the United States. They have enacted cutting-edge laws; created local labor agencies; established worker boards or councils to provide input into policy; placed standards-- either high-road practices or at least... |
2024 |
| Ella Klahr Bunnell |
HOW THE FEDERAL ARBITRATION ACT'S "TRANSPORTATION WORKERS EXEMPTION" PROTECTS LAST-MILE DELIVERY DRIVERS |
2024 University of Illinois Law Review Online 37 (Spring, 2024) |
Imagine you are a delivery driver for Amazon. You work long hours, delivering packages from warehouses to local customers. You collect checks that barely make ends meet. After several months, an attorney informs you that Amazon has withheld overtime pay in violation of the Fair Labor Standards Act. You join a class of over 5,000 similarly situated... |
2024 |
| Jacob Hamburger |
HYBRID-STATUS IMMIGRANT WORKERS |
73 Duke Law Journal 737 (January, 2024) |
Precarious work arrangements have become a dominant feature of twenty-first-century political economy. One employer strategy that has contributed to eroding workers' rights and protections is misclassifying employees as independent contractors, avoiding the obligations that come with employee status. Recently, policymakers in some states and at the... |
2024 |
| Jared Collins |
IF IT LOOKS LIKE A DUCK, SWIMS LIKE A DUCK, AND QUACKS LIKE A DUCK, THEN IT PROBABLY IS A DUCK: INTERNS LOOK AND ACT LIKE EMPLOYEES YET LACK BASIC PROTECTIONS |
57 Suffolk University Law Review 365 (2024) |
Large and growing numbers of post-secondary students are working in internships for little or no pay, often while giving up most of the legal rights typically accorded to employees. This is no small assemblage: Internship experience has become a virtual requirement in the scramble to get a foot in the door of many sectors of the labor market ..... |
2024 |
| Angela D. Morrison |
IMMIGRATION ENFORCEMENT CREEP IN IMMIGRANT & EMPLOYEE RIGHTS |
58 University of Richmond Law Review 731 (Spring, 2024) |
As the only agency charged with enforcing the Immigration Reform and Control Act's antidiscrimination provisions, the Immigrant and Employee Rights (IER) section of the Department of Justice's Civil Rights Division plays an important role in protecting worker rights. Yet over the past decade, IER has moved from worker protection to immigration... |
2024 |
| Abby Ward |
IN DEFENSE OF PICKERING: WHEN A PUBLIC EMPLOYEE'S SOCIAL MEDIA SPEECH, PARTICULARLY POLITICAL SPEECH, CONFLICTS WITH THEIR EMPLOYER'S PUBLIC SERVICE |
108 Minnesota Law Review 1643 (February, 2024) |
With the rise of social media and the United States' increasing political polarization, public employees take to social media to post about political issues such as race and policing. But when public employees make posts on political issues in an inflammatory or controversial way, public employers often discipline or fire the employee, fearing... |
2024 |
| César F. Rosado Marzán |
PERSONAL AND POLITICAL: HOW THE ILLINOIS DOMESTIC WORKERS' BILL OF RIGHTS CONNECTED LIVES |
57 U.C. Davis Law Review 3033 (June, 2024) |
Many domestic workers lack basic labor and employment protections in the United States. One of the main reasons domestic work remains unregulated by government lies in cultural and social perceptions of the so-called private domestic sphere and the more public economic sphere where work prevails. These perceptions, termed by sociologists as... |
2024 |
| Melissa McElroy |
PESTICIDE POISONINGS AND DEADLY HAZARDS: USING THE FARM BILL TO PROTECT WORKERS |
35 Colorado Environmental Law Journal 387 (Spring, 2024) |
C1-2Table of Contents Introduction. 388 I. Background of the Farm Bill and Past Conservation Titles. 391 A. History of the Farm Bill. 392 B. OSHA Enforcement. 394 C. Farm Bill Funding. 395 D. Conservation Titles. 396 E. Horticulture Titles. 398 II. Existing Pesticide Legislation. 399 A. The Current State of Pesticide Enforcement. 401 B. 2018 FIFRA... |
2024 |
| Margaret H. Zhang |
PREGNANT WORKERS AND THE CLIMATE CRISIS |
91 Tennessee Law Review 431 (Winter, 2024) |
Introduction. 432 I. Preexisting Poor Outlook for U.S. Pregnant People and Pregnant Workers. 438 A. Deteriorating U.S. Maternal and Infant Health Trends. 438 1. Maternal Health Trends. 439 2. Infant Health Trends. 442 3. Abortion Restrictions to Exacerbate Trends. 446 B. Pregnant People Pulled into Unhealthy Workplaces. 449 1. Workforce... |
2024 |
| Holly Morrison |
PRESERVING EMPLOYEE RIGHTS IN THE ERA OF CANCEL CULTURE |
38 ABA Journal of Labor & Employment Law 107 (2024) |
Emmanuel Cafferty is a middle-aged Hispanic man and former utility worker. In June 2020, Cafferty was terminated after a stranger posted on Twitter a photo of him driving. In the image, Cafferty has his hand hanging out of a truck window and appears to be making what looks like an okay hand sign. According to Cafferty, he was cracking his... |
2024 |