Got Non-Dairy Milk? Dunkinโ Donuts is facing a class action lawsuit where plaintiffs allege that their upcharge for non-dairy milk alternatives constitutes discrimination under the ADA. This article explores the legal arguments the parties raise in their initial pleadings, ranging from personal jurisdiction to the ADAโs definition of disability.
(At-)Will Remote Workers Prevail?
In this article, Ellen Whitehair examines breach of contract claims brought by workers that were hired to work remotely terminated after refusing to return to office. Specifically, this article examines areas of employment and contract law that impact the efficacy of such claims. The article concludes by advising both employees and employers of their options when considering a productive path forward post-pandemic.
Game Changer: How Classifying Student-Athletes as Employees Adversely Affects International Students
In this article, Cecilia Giles discusses how the NLRBโs classification of the Dartmouth menโs basketball team as employees could adversely impact international students. Giles argues that Congress should reconsider the limitations of the F-1 visa to accommodate international students.
The United Auto Workers Strike: Are State Tort Claims a Remedy for the Big Three?
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 NLRBโs 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 employeesโ exercise of the First Amendment?
Is the NCAA Above the Law?
Caroline Hardig discusses student athletesโ 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 Statesโ 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 Amazonโs 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 Laborโs 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 Starbucksโ 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 giantโs 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 โKidfluencerโ 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.
