This Article proposes that Congress amend the National Labor Relations Act (NLRA) to remove its definitional exclusion of agricultural laborers as employees. When Congress created this exclusion in 1935, it gave this matter only passing thought while focusing on industrial employment. It...

The NLRA's increasing obsolescence in the modern workplace is well-documented. Nowhere is this problem more apparent than where unions and employees use the Internet and other electronic communications to further employees' collective interests. Electronic communications pose significant...

This Article analyzes whether an NFL player who protests during the national anthem has any legal recourse if he is fired—or not hired—as a result of his political protests. Part I of this Article describes the history of NFL players engaging in political protests during the national anthem....

As the passage of Title VII approaches its fiftieth anniversary, this Article explores what may be thought of as the unlikely impact of the National Labor Relations Board (NLRB or Board) on anti-discrimination law principles used to protect employees. How an agency charged with enforcing labor...

Technology Mediated Dispute Resolution (TMDR) presents opportunities and dangers that we cannot yet fully envision. Technologies are available or imminent, such as tele-immersion, that will dramatically change the ways we think about dispute resolution in a virtual environment. Whether or not...

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or...

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more...

This paper analyzes competing models of dismissal regulation from a Law and Economics perspective, using the contemporary US and UK dismissal regimes as a comparative benchmark. The regulation of dismissals in the UK and US differs widely in spite of their joint common-law tradition. Whereas the...

German law guaranteeing works councils is not a datum. The thrust of legislation has changed significantly on a number of occasions since 1920. The most recent legal change in the form of the Works Constitution Reform Act marks a controversial swing in favor of works council formation and...