Labor Law

This Case Note summarizes the primary holdings surrounding Ninestar Corp, focusing on the resulting predicament for the FLETF. By revealing more information to regulated firms about its Entity List determination procedures, the FLETF could force firms to seek administrative remedy before they could access the courts, thereby retaining greater control over UFLPA enforcement; yet, in doing so, it may enable firms to circumvent Entity List designation. This Case Note ultimately concludes that forced labor enforcement regime is best served by greater transparency in the Entity List designation process.

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.

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.

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

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.

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.