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 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...

In his article Enabling Employee Choice, Professor Benjamin Sachs presented a robust exploration of the problems associated with union certification laws and potential “card check” reforms. In this response, Professor Brishen Rogers argues that limiting managerial interference in union...

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...

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...

Our labor law guarantees only a "thin" form of workplace and economic democracy, one focused on encouraging collective bargaining over fundamental terms of employment, but limiting workers' rights of concerted action and expression in many ways. Progressive unions and their allies have...

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...

In response to Samuel Bagenstos' recent article "Employment Law and Social Equality," this short essay considers the relationship between social equality and other aspects of individual employment law, including minimum wage laws and regulations on employer control of employee political speech....

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)...