Labor Law

Online
Essay
Evaluating Mistakes of Law: Objective Reasonableness Under Title VII
Gabrielle Dohmen
Gabrielle Dohmen is a J.D. Candidate at the University of Chicago Law School, Class of 2023.

She thanks Matthew Makowski, Abigail Barney, Annie Kors, and Maggie Niu for their very helpful comments.

Title VII’s anti-retaliation provision is clear: if an employee complains about employment discrimination, it is illegal for an employer to retaliate against them.

Online
Essay
Do You Want COVID-19 with That?:Public Nuisance and Worker Protections at McDonald’s
Simon Jacobs
Simon Jacobs is a J.D. Candidate in the University of Chicago Law School Class of 2022 and served as a Comments Editor for Volume 89 of the University of Chicago Law Review. This Essay was the winning essay of the Public Citizen’s 2021 Hogan/Smoger Access to Justice Essay Competition.

He thanks Professor Kate Andrias, Sarah Cohen, Deborah Malamud, Matthew Reade, Tamara Skinner, and the University of Chicago Law Review Online team.

Ieshia Townsend was scared to return home after her job at a South Side McDonald’s, she said at a rally for frontline workers in downtown Chicago: she could infect her children with coronavirus.

Online
Essay
Lumpy Work
Deepa Das Acevedo
Deepa Das Acevedo is an Assistant Professor of Law at the University of Alabama.

The author wishes to thank Lee Fennell and Omri Ben-Shahar for the invitation to participate in this symposium.

For close to ten years, the gig economy has dazzled with its seeming powers of disaggregation.

Online
Essay
Ownership Work and Work Ownership
Hiba Hafiz
Hiba Hafiz is an Assistant Professor of Law at Boston College Law School.

The author is grateful to comments and questions from Lee Fennell, Brian Galle, Michael Pollack, and the participants of the Symposium on Slices & Lumps: Division and Aggregation in Law and Life. She is especially grateful to Lee Fennell and Omri Ben-Shahar for the invitation to participate in the Symposium.

Professor Lee Fennell’s groundbreaking Slices and Lumps incisively reconceptualizes how the gig—or “slicing”—economy impacts the structuring of work. But it goes even further to alert us to how “delumping the working experience” (p 6) can transform the infrastructure of work, from an individual’s task design to the agglomeration costs and benefits of untying and retying workers to desks, work to benefits, and worksites to surrounding communities.

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84.4
Mrs. Orville Isn’t Trying to Steal Tips: An FLSA Story
Benjamin Meyer
BA 2013, Wheaton College (IL); JD Candidate 2018, The University of Chicago Law School

A debate over tips and tipped employees, centered on a few provisions of the Fair Labor Standards Act (FLSA), has arisen among the circuits. Despite turning on only a few phrases in the FLSA, this judicial divide has massive implications for the restaurant and hospitality industries.