Audrey Rotman discusses the legal implications of the United Auto Workers strike against the Big Three automakers and what legal remedies and solutions exist for both the union and employers
Free to Speak: Are Non-Disparagement Provisions Enforceable?
Colleen Brugger explores the NLRB’s recent decision to invalidate the use of non-disparagement clauses in severance agreements. However, is the decision truly a get-out-of-jail-free card for former employees’ exercise of the First Amendment?
Is the NCAA Above the Law?
Caroline Hardig discusses student athletes’ battle with the NCAA over employee status in a new case, Johnson v. NCAA, which could create a circuit split.
(Where?)House Safety: Amazon’s Systemic Hazards
Amazon has had a dynamic past few years, with phenomenal growth to become the United States’ second-largest private employer. However, in the face of widespread concern about employee safety, which has spawned both unionization and fines from OSHA, could there be a bug in Amazon’s system? Associate Member Colleen Brugger explores this question in her first article for the UC Law Review Blog.
Employee or Independent Contractor? Examining the U.S. Department of Labor’s New Recommendations Concerning Independent Contractor Classification
In this article, Stephen Fox examines the new U.S. Department of Labor’s recommendation on classifying independent contractors and how these recommendations may affect the labor market.
Starbucks’ Grand(e) Idea: Freshly Brewed Union-Busting
Associate Member Chris Colloton examines Starbucks’ most recent decision to boost benefits for its non-union workforce, a move that comes as support for labor unions is at a nearly 60-year high. Colloton argues that the coffee giant’s less-than-subtle efforts to dissuade its employees from unionizing may expose itself to potential liability under U.S. labor law.
Why “Kidfluencers” Deserve Monetary Protections Like Child Actors
Associate Member Haley Dominique explores the rise of the “Kidfluencer” and how states must, at the very least, adopt laws that financially protect them due to the exploitation and privacy violations inflicted on them by their parents or guardians.
Minor League Baseball and the Supreme Court Load the Bases for College Athletes
In this article, Associate Member Adam Drapcho discusses how minor league baseball’s recent unionization, combined with Justice Kavanaugh’s concurrence in NCAA v. Alston, puts college athletes in a prime position to organize and negotiate with the NCAA.
The End of Non-Competes? How a New Jersey Law Attempts to Restrict Non-Competes by Requiring Post-Employment Pay
Associate Member Caroline Hardig discuses a new trend in non-compete agreements requiring an employer to pay an employee their full salary for the entire non-compete period once employment is terminated.
Abortion Access Post-Dobbs: The Power of Private-Sector Labor and Employment Law
Notes and Comments Editor Austin J. Wishart explains how private sector employers and collective bargaining units may work together to provide reproductive healthcare access to employees in the wake of the Supreme Court's Dobbs decision.