An exploration of how major companies have used advanced information technologies to limit worker power, and how labor law reform could reverse that trend.As our economy has shifted away from industrial production and service industries have become dominant, many of the nation's largest...

This essay, for a symposium on basic income and the future of paid work, argues that an unconditional basic income (UBI) cannot and should not be the foundation of a new social contract. Part I asks whether a UBI is a moral necessity today. It answers in the negative, because the classic...

This Article identifies three distinct concepts of workplace freedom of association (“FOA”) and traces their influence on labor law doctrine, focusing on the law of union security devices — contractual clauses that require workers, on pain of termination, to remit fees to unions. The...

The rise of the car-sharing company Uber will likely have mixed effects on labor standards. On the one hand, Uber's partial consolidation of the car-hire sector and its compilation of data on passenger and driver behavior could enable the company and regulators to ensure safety and root out...

To better illuminate how platform economy firms such as Uber, Lyft, TaskRabbit, and Deliveroo are impacting workers' welfare, this paper disaggregates two aspects of industrial organization in low-wage labor markets today. It maps prominent low-wage firms onto a grid that seeks to capture (a)...

Most scholars attribute the development and ubiquity of global value chains to economic forces, treating law as an exogenous factor, if at all. By contrast, we assert the centrality of legal regimes and private ordering mechanisms to the creation, structure, geography, distributive effects and...

Abstract: This article explores how labor and employment laws shape workplace technological change. It focuses on emerging data-driven technologies such as machine learning, the branch of artificial intelligence that has sparked widespread concern about the future of work. The article argues...

Are minimum wage laws just? Existing legal academic debate implies that they are not. Drawing on neoclassical labor market models, various legal scholars have argued that minimum wage laws increase unemployment and cause other inefficiencies, and therefore that direct transfers to the working...

The central debate within domestic labor law today revolves around whether existing union certification procedures promote or inhibit autonomous employee choice. Within that debate, both judges and commentators tend to embrace a model of the self and of the optimal conditions for autonomous...

This Article examines how best to enforce wage and hour laws in an economy no longer characterized by vertically integrated production. In recent decades, responding to the globalization of product and labor markets, major firms have extended their supply chains and subcontracted many tasks that...