Labor

Eliminating the Grey Area in the Employee/Independent Contractor Distinction

Eliminating the Grey Area in the Employee/Independent Contractor Distinction

Imagine you’re working as an Uber driver, committed to working 65 hours a week, and the only other form of income you rely on is from the occasional car repairs you do for neighbors, which only occurs three or four times a month. You have been working extra hours to pay off credit card debt. Unexpectedly, your driver account is deactivated without notice or reason. You attempt to reach a person on the phone to file a complaint, but there’s no answer. Working as an independent contractor, you realize you are left without any of the protections afforded to employees under state, federal, or local laws. You have no retirement plan, health insurance, or money saved for your children’s college tuition. What do you do?

Student-Athletes or Athlete-Students?

Student-Athletes or Athlete-Students?

Written by Anthony J. Holesworth

On September 21, 2013, Northwestern University’s starting quarterback at the time, Kain Colter, wore a wristband with the letters “A.P.U” (All Players United) during a game. This simple act was the seminal event in what has become the highly publicized effort to unionize Northwestern’s scholarship football players.

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The Employment Language Fairness Act: A Law Today That Can Bring Progress Tomorrow

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The Employment Language Fairness Act: A Law Today That Can Bring Progress Tomorrow

Written by Nick Stratouly

Introduction

“How are you?” asked one worker.

“I’m very well; you?” responded the other.

“Very good, very good, thanks.”

Many of us overlook the common conversations that we engage in every day in the workplace. The workplace, while possibly not as enjoyably social as the local bar or restaurant, is a very important social setting for most employees. The cooperative workplace of today’s economy simply could not function if speech were quelled or prohibited.

The Role of Supervisors in Employment Discrimination

The Role of Supervisors in Employment Discrimination

Written by Ian Hayes

Today, a woman may find herself in a situation where she was fired based on gender but has no legal remedy for this discrimination. Imagine the following hypothetical. A woman works under a supervisor who has repeatedly made it clear that he resents women who work for the employer because of his perception that they get pregnant at a moment’s notice and leave a hole in the workforce. Part of the supervisor’s job is to write evaluations for everyone he supervises and he writes several evaluations for the woman worker alleging that she has a poor attendance record. The supervisor does not report similar attendance concerns about male workers to his boss. A decision-maker in a managerial role, who does not know the female worker, reads the supervisor’s written evaluation. Even though the decision-maker does not have the discriminatory intent of the supervisor, he decides to terminate the worker based on the supervisor’s evaluation. Workers cannot sue their employer for such discrimination in all jurisdictions and employment discrimination law should be adjusted to make relief available for all workers who suffer such discrimination.