Most employment-law rights are mandatory. Individual workers cannot decline the protections the law gives them. For example, a nonexempt worker must get at least $7.25 per hour and time-and-a-half for overtime, even if she would agree to less. A worker's pension must vest within five years. If...

Originally, anchoring labour rights to the existence of a personal relationship of subordination was functional to prevent the greater bargaining strength of the employed being disproportionately reflected in the terms and conditions regulating the provision of labour. This does not seem anymore...