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I. INTRODUCTION Gone are the times where employers automatically chain workers to cubicles and bind them to regimented schedules motivated by corporate America. Modern jobs come with new and liberating [...]

TABLE OF CONTENTS INTRODUCTION 584 I. AMAZON ACCIDENTS, UBER CRASHES, AND THE RISE OF 593 CONTRACTING A. The Expansion of On-Demand Work and Independent Contracting 594 1. Uber Growth and [...], Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as "independent contractors." But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as "contractors" rather than as "employees." Aware of this age-old tactic to avoid liability, courts historically built sufficient flexibility into agency standards to hold companies responsible for injuries to others, even when ostensible "contractors"committed those torts. In the years to come, a growing number of drivers for Amazon, Uber, and other on-demand firms will hit the road, make mistakes, and harm members of the public. Applying agency standards to this emerging problem, this Article develops a legal framework for determining when to hold on-demand firms accountable for the accidents that their contractors cause.

'The winds of change are shifting against the NCAA ... but the core tenets of amateurism are still in place.... For now. It is clear that the NCAA believes that a loss in Johnson v. NCAA would be the end of the status quo. If college athletes are allowed to be considered employees, it could lead not only to them being paid directly by their schools but also to workplace protections and bargaining rights that could reorient how college labor operates.' (1), I. Introduction Every year, hundreds of thousands of college football fans eagerly await the arrival of Labor Day weekend, overflowing stadiums with their palpable energy and bright-eyed optimism. (2) A [...]

INTRODUCTION 1552 I. REGULATIONS AND FACEBOOK'S MODERATION SYSTEM 1554 A. The Structure of Facebook's Moderation System 1556 B3 The Role of Moderators 1557 II. DETRIMENTAL IMPACTS OF LABOR ARRANGEMENTS-. HARMS [...]

INTRODUCTION Uber and Lyft are the two largest examples of what are colloquially known as ride-share companies. (1) Put simply, these companies operate by connecting ride share drivers ("Drivers") with [...]

INTRODUCTION While Title VII (1) and 42 U.S.C. [section] 1981 both provide causes of action for employment discrimination, their respective paths to recovery are distinct and limited. Title VII limits [...]

TABLE OF CONTENTS I. UNPAID "LABOR" IN COLLEGE SPORTS 790 A. Lead-Up to Alston 790 B. Alston's Holding and Justice Kavanaugh's Concurrence 792 C. Alston's Fallout 794 D. The FLSA [...], College athletics are in a state of flux following the Supreme Court's decision in NCAA v. Alston. While student athletes can now earn money from their name image and likeness (NIL) through endorsement deals, the NCAA and its member schools can still exploit college athletes to earn billions of dollars. To remedy this injustice, courts should classify student athletes as employees under the Federal Labor Standards Act (FLSA) to compensate these students for their work. Whether student athletes should be eligible for minimum wage and employment benefits has been a hot-button topic in the legal community for many years. Fortunately, the Alston decision and subsequent NIL policy changes give student athletes their strongest argument to be classified as an employee to date. Because of Alston's effects on the legal status of NIL, courts should classify student athletes as employees--not independent contractors--under the various employment tests, and thus grant student athletes FLSA protections. Employee classification for student athletes would require NCAA member schools to alter their business models in order to compensate student athletes for the labor they provide; the NCAA has no other option but to subsidize schools that cannot meet this new expense. If the NCAA fails to do so, other amateur sports organizations may soon take its place.

I. INTRODUCTION II. MAPPING THE LEGAL ISSUES INVOLVED IN THE GIG ECONOMY A. What Is a Gig Worker? Moving Toward a New Employment Classification for Workers in the Gig Economy [...], This Article breaks new ground by providing a conceptual framework to understand the law and economics of the gig economy (in particular, the "gig workers"), its impact on labor productivity and income distribution, and policy interventions that are required by the government and central bankers as technology-aided gig employment spreads across the globe. From a legal and regulatory perspective, the gig economy challenges both domestic and international employment frameworks related to labor law. From an economic perspective, the rise of the gig economy is likely to increase overall productivity. Increases in productivity arise from an increase in labor force participation and getting access to lower-salaried workers from across borders, leading to more specialization and standardization of work. At the same time, full-time employment in a gig type set-up may lead to lower income and economic vulnerability for workers in developed countries. Regulators will soon have to address the challenges associated with some workers getting displaced by technological disruption. There is a need to find ways to absorb these laborers through alternative employment, which may be achieved by governments working closely with businesses and training centers to impart necessary additional skills for the displaced workers. At the same time, for the spread of gig employments, there is a need to invest in ICT-related infrastructure, such as telecommunication and internet connection, particularly in emerging economies.

Abstract The Australian horticulture industry has endemic labour challenges, both in terms of poorly managed and distributed labour supply and a systemic problem of non-compliance with labour standards. A core [...]

I Introduction In three recent cases--Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd, (1) ZG Operations Australia Pty Ltd v Jamsek, (2) and WorkPac Pty Ltd [...], Three recent High Court decisions dealing with forms of precarious work have reaffirmed the 'primacy of contract' in determining the rights of workers to the protections of the Fair Work Act 2009 (Cth) ('Fair Work Act'). The court's approach represents a turn towards what critical contract theorist Roberto Unger has called 'retro formalism', curtailing any prospect for the common law of employment to recognise the economic reality of working relationships in determining employment status. This article argues that three aspects of the Court's reasons produce this outcome: (i) the articulation of a 'rights and duties' rule to distinguish employment from independent contracting; (ii) the application of strict commercial contract principles to employment relationships; and (iii) the likelihood that the Court's emphasis on the primacy of written contracts will thwart the exercise of some statutory powers of the Fair Work Commission under the Fair Work Act's protective provisions. This development signals the urgency for statutory reform to ensure that the most precarious forms of work are captured in statutory labour laws.