Labor & Employment Are Collective Bargaining Agreements Still Special? Martin H. Malin and Matthew W. Finkin For over sixty years, the Supreme Court has recognized that collective bargaining agreements (CBAs) are not ordinary commercial contracts.
Labor & Employment Power and Respect on the Campaign Trail: Why It’s Time for Political Campaigns to Unionize Jamie Eisner and Jean-Marc Favreau Political campaigns foster an environment notorious for poor working conditions, long hours, inadequate wages, and little to no job security.
Labor & Employment Clear and Unmistakable for Whom? Arbitral Rules, Unsophisticated Parties, and the Clear and Unmistakable Standard Henry Shreffler When a party to an arbitration agreement is unsophisticated, incorporation of arbitral rules should not be considered a clear and unmistakable manifestation of their intent to arbitrate questions of arbitrability.
Labor & Employment Fifty Years After “Inadequate and Inequitable”: Reflections on the Report of the National Commission on State Workmen’s Compensation Laws Michael C. Duff It has been fifty years since the National Commission on State Workmen’s Compensation Laws released its landmark report concluding that the workers’ compensation system in the United States “was neither adequate nor equitable.”
Labor & Employment Compensability, Opportunism, and the Race to the Bottom: A View from (Near) the Bottom Jason R. Bent The workers’ compensation regime in Florida has undergone such significant retrenchment over recent decades that at least one Florida judge and some academic observers now hold the view that it has crossed into unconstitutionality.
Labor & Employment Trends in Accident Compensation Before and After the 1972 Burton Commission Price Fishback and Andy Ye Yuan The Burton Commission report has had more impact than many commissions of this type, which often see their recommendations ignored.
Labor & Employment Employer-Sponsored Femtech: Helping You or Your Boss? Mckenna Gossrau Employer monitoring systems, which use femtech apps, have increased in popularity and have become a powerful monitoring tool for both health insurers and employers, allowing both groups to gather more data about employees than ever before.
