The Right to Disconnect: Emerging Issues and Ways to Overcome Them

“The blurring of the boundaries between work and life has been an issue plaguing workplaces for years. Even before the pandemic, digital technologies were impacting the confines of a workday to the office, …

The Surprising Agreement Between Uber and UFCW in Canada in Legal Context

“Last week, Uber Canada and UFCW-Canada made a surprise announcement that they had reached “a historic national agreement” for representation rights affecting some 100,000 Uber workers in Canada. The “Agreement” has not …

When Algorithms Fire Humans

“Poor selfies, rainy days, and locked gates ­– all are reported triggers for the auto-firing of delivery personnel by Amazon’s Flex app, and all follow events beyond the workers’ control. Meanwhile, no appeal to …

The Intersectionality of Climate Change and Labor

“At the conclusion of the 2021 UN Climate Change Conference of the Parties (COP26) this November, the 1.5-degrees Celsius goal remained hanging by a thread, propped up by the bold carbon commitments of smaller …

Law and Organizing for Countervailing Power

“Readers of this blog need no reminder of the pervasive inequalities that define American society.  Nor do readers need to be convinced that a perverse concentration of wealth has had …

A Legal Challenge Against Racist Labor Exclusions Finds Life in Washington

“On November 5th the Washington Supreme Court ruled, in a 5-4 decision, that dairy workers are eligible for overtime pay. The Martinez-Cuevas decision could apply to all agricultural workers in Washington state. Materially this will …

The Pitfalls of Uber and Lyft as Franchisors

“Uber and Lyft are in the early stages of discussions to possibly turn many of their California drivers into employees. However, rather than become employees of the companies, the drivers …

A New Moment for Wrongful Discharge Law

“At-will employment is out of favor. In recent polling from Alexander Hertel-Fernandez, Data for Progress, and the Omidyar Network, a striking 68% of respondents said that employers should be limited in …

A Union Default for the U.S.

“Unions have traditionally had a strong levelling effect on incomes, transferring money from capital to labour, particularly to the low-waged. Thus, falling union membership and collective bargaining coverage over the last …

The Classification of “Gig” Workers in Canadian Work Law

“The central legal conundrum for labor law when it encounters platform or ‘gig’ work is one of legal classification. The distinction between ‘employee’ and ‘independent contractor’ is as old as …

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