The NLRA system of collective bargaining was born during the industrial age of the early twentieth century. As a result, key terms in the statute such as “employee.” “employer” and “appropriate bargaining unit” were first interpreted in the context of long-term employment and large...

In April 2016, Professor Orly Lobel delivered the 12th Annual Pemberton Lecture at the 9th Circuit Court of Appeals. Lobel asks, what is the future of employment and labor law protections when reality is rapidly transforming the ways we work? What is the status of gig work and what are the...

Implementation of workplace policies-whether through enforcement of laws or administration of programs-raises the question of the interaction between institutions created to carry out laws and the activities of workplace based agents that directly (e.g., unions) or indirectly (e.g., insurance...

This working paper analyses national and supranational case law and legislation about the employment status of platform workers. It does so by referring to the ILO Employment Relationship Recommendation, 2006 (No. 198). It finds that this Recommendation provides for a valuable compass to...

Although it is widely understood that employers and employees are not equally situated, we fail adequately to account for this inequality in the law governing their relationship. We can best understand this inequality in terms of status, which encompasses one's level of income, leisure and...

This paper argues that employers should adopt practices that provide employees with opportunities to exercise voice. Time and time again, we see corporate scandals that could have been avoided if employees were encouraged to speak up when they saw problems in the workplace. Recent scandals...

A cross section analysis of 23 OECD members shows that there is an antagonistic relationship between the legal protection of investor interests on the one hand and labour interests on the other: the stronger the legal protection of investor rights in a country, the less developed are the...

Employer-provided benefits are independent elements in the compensation packages that make up firms' payment strategies. Such benefits are aimed at attracting and retaining preferred employees and improving incentives. In Myanmar, there are two employee benefit systems: (1) an unregulated...

This study provides empirical evidence from different regions of the world to identify avenues for platform economy workers to access freedom of association and collective bargaining. It shows that collective protests, the establishment of new organizations of workers and platforms, social...

Over the past decade, the share of jobs not controlled by the state has increased considerably, whilst employment in agriculture has declined, against the backdrop of ongoing urbanisation. Over 200 million people have been drawn into urban areas through official or unofficial migration, despite...