On January 27 and 28, 2005, New York Law School's Labor amp; Employment Law Program, in cooperation with the Justice Action Center and the Institute for Information Law amp; Policy, presented the Next Wave Organizing Symposium. The Symposium brought together worker organizers, trade union...

Employment discrimination contributes significantly to depressing labor force participation and employment rates of older workers. Actual discrimination reduces employers’ demand for older workers’ labor, while older workers’ perception of workplace and labor market discrimination reduces...

The key United States law regulating employment discrimination against employees with disabilities is the Americans with Disabilities Act (ADA). Title I of the ADA prohibits employment discrimination against any 'qualified individual with a disability'. This proscription includes traditional...

This chapter, which will appear in a festschrift celebrating the life and work of Professor Vernon Briggs, explains why the debate over the economics of workplace accommodations mandated by the Americans with Disabilities Act (ADA) has been misdirected. The ADA, and its accommodation mandate in...

This article joins the debate over whether the Americans with Disabilities Act's (ADA) accommodation mandate contributes to the decline in the employment rate among working-age people with disabilities. This debate pits a rational choice view of employers and accommodations against a...

On October 24, 2003, former Congressman Tony Coelho delivered this speech challenging the disabilities community and the 2004 presidential candidates to put the employment of people with disabilities at the heart of their agendas. His speech was presented by New York Law School's Labor &...

This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the...

Under existing American labor, employment, and tax laws, in any one work relationship, a worker is either an “employee” or an “independent contractor.” This binary classification of workers, and the high-stakes outcomes it produces, have been challenged by “gig economy,” or “online...

This article considers the relationship between the National Labor Relations Act and Coase's Theorem. It concludes that the Coase Theorem cannot be used to justify and explain interpretations of the National Labor Relations Act. In particular, the article argues that the Coase Theorem cannot...