Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of...

In 2021, the Ontario government legislatively prohibited most non-competition clauses, the first Canadian government to take this step. The move was unexpected because the political party in power (the Progressive Conservative Party, or PCP) has not traditionally been a strong supporter of...

This paper discusses all of the substantive labor & employment law opinions issued by the U.S. Court of Appeals for the Fourth Circuit from October 1, 2015 through September 30, 2016. The discussion of each case begins with an italicized summary of the court's holding and is followed by a more...

This paper discusses all of the substantive labor & employment law opinions issued by the U.S. Court of Appeals for the Fourth Circuit from October 1, 2016 through September 30, 2017. The discussion of each case begins with an italicized summary of the court's holding and is followed by a more...

Mandatory restrictions in employment law, designed to promote the welfare of workers, are debated fiercely. Proponents argue that they protect workers. Opponents believe that they spawn inefficiency and harm workers. Yet all agree that their welfare implications depend on their degree of...

For many years employers have been confronted with the issue of whether to allow employees to openly discuss their pay, or instead to require employees to keep information regarding their compensation confidential. Survey data indicates that a significant sector of private sector employers in...

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition,...

Despite three decades of scholarship on economic restructuring in the US, employers' violations of minimum wage, overtime, and other workplace laws remain understudied. This article begins to fill the gap by presenting evidence from a large-scale, original worker survey that draws on recent...

This article provides extended summaries and (separately) the author's take on every employment and labor law decision rendered by the Supreme Court during its most recent term. Also covered in this piece are abbreviated reviews of all grants of certiorari for the upcoming term and short...

This article analyzes the 2012 amendments to China's Labor Contract Law and their implementing regulations from the perspective of China's decades-long project of labor law reform. Integrating theories of legal recursivity and the literature on regulatory compliance, it sees the latest...