Category Archives: Employment and Labour Law
Pauline Kim, ‘AI and Inequality’
ABSTRACT This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, […]
Alex Long, ‘The Statutification of Tort Law Involving the Workplace’
ABSTRACT The phenomenon of the ‘tortification’ of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the ‘statutification’ of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations […]
Meyers and Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’
ABSTRACT Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue that allowing insurance coverage for employment liability detracts from employment law’s goal of deterrence and from notions of justice. We assess the validity of these […]
‘Striking Labor Law’s Economic/Political Divide’
Diana S Reddy, ‘“There Is No Such Thing as an Illegal Strike”: Reconceptualizing the Strike in Law and Political Economy’, 130 Yale Law Journal Forum 421 (2021). Amidst summer 2020’s momentous uprisings, a terminological tempest briefly arose over what counted as a ‘strike’. In the wake of a police attack on Jacob Blake in Kenosha, […]
Atkinson and Dhorajiwala, ‘The Future of Employment: Purposive Interpretation and the Role of Contract after Uber’
ABSTRACT A person’s entitlement to workplace rights and protections under English law is conditional on their relationship falling within the legal category of employment, by virtue of them having the requisite status. The employment status of individuals performing on-demand work via digital platforms is particularly contentious and has been a focal point for debate in […]
Charles Sullivan, ‘Poaching’
ABSTRACT The last few years have seen the beginnings of what could become a radical revision of the law’s approach to restraints on competition in the labor market. While most attention has been focused on ‘non-competes’ – agreements between employers and their employees imposing postemployment restraints – there has also been a revival of interest […]
Maria Glynou, ‘Application of Blockchain and Smart Contracts in Employment from the perspective of European Law’
ABSTRACT Blockchain and Smart Contracts are some of the new factors, which are forming the economy and particularly the world of employment. In this paper, the issue is approached by EU law’s point of view. Initially, legal foundation and sources, some of which are going to be subject to further analysis, are presented. Consequently, basic […]
‘Contracts of Silence: How NDAs can silence victims and cover up wrongdoing’
“Traditionally used to protect trade secrets and proprietary information, non-disclosure agreements are now regularly found in employment contracts and settlement agreements of all kinds. But these agreements can also operate as oppressive contracts of silence – particularly when invoked to prevent victims of discrimination, harassment, or abuse from speaking out about their experiences. In this […]
Kabazzi Maurice Lwanga, ‘Legitimate Expectation in Termination of Employment: An Economic Perspective’
ABSTRACT The concept of legitimate expectation or expectation interest has gained status in East African labour law jurisprudence. Knowing that an employer may terminate a contract of Employment by merely giving the requisite notice, Labour courts have adopted the public law concept of legitimate expectation as an exception to the at-will employment. Termination, usually when […]
D’Andra Millsap Shu, ‘The Coming Causation Revolution in Employment Discrimination Litigation’
ABSTRACT For more than a decade, employment discrimination causation law has been a confusing, often overly restrictive quagmire that has contributed substantially to the paltry success rate of plaintiffs in employment discrimination cases. Most of these cases are dismissed pre-trial, all too often based on a failure of causation. A key reason traces back to […]