Book contents
- Advance Praise for The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- Part I Introduction
- Part II Labor Law Is Out of Date
- Part III The “Fissured” Workplace
- 11 Some Problems With NLRA Coverage
- 12 Twenty-First Century Employers
- 13 The Problem of “Misclassification” or How to Define Who Is an “Employee” under Protective Legislation in the Information Age
- 14 Rupture and Invention
- 15 Contemplating New Categories of Workers
- 16 Balancing Flexibility and Rigidity
- Part IV Barriers to Forming a Collective Bargaining Relationship
- Part V Barriers to Bargaining a Good Contract
- Part VI Unions, Civil Society, and Culture
12 - Twenty-First Century Employers
from Part III - The “Fissured” Workplace
Published online by Cambridge University Press: 01 November 2019
- Advance Praise for The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- Part I Introduction
- Part II Labor Law Is Out of Date
- Part III The “Fissured” Workplace
- 11 Some Problems With NLRA Coverage
- 12 Twenty-First Century Employers
- 13 The Problem of “Misclassification” or How to Define Who Is an “Employee” under Protective Legislation in the Information Age
- 14 Rupture and Invention
- 15 Contemplating New Categories of Workers
- 16 Balancing Flexibility and Rigidity
- Part IV Barriers to Forming a Collective Bargaining Relationship
- Part V Barriers to Bargaining a Good Contract
- Part VI Unions, Civil Society, and Culture
Summary
As Joseph Slater describes in his chapter in this volume, the most fundamental question in labor and employment law is whether an employment relationship exists. Currently, there are only two answers to that question – “yes” or “no” – the consequences of which are immense. A “no” means that the workers exist outside of our workplace regulatory scheme; they have no right to organize; no protections against retaliation; and no guarantees of safety, health, wages, and other rights enjoyed by statutory employees. But even when there is no issue about a statute’s jurisdiction over the workers and firms involved in a dispute, determining whether an employment relationship exists can still pose challenges. In particular, when multiple firms are involved in the supply or use of labor, it can be quite difficult, yet vitally important, to identify the responsible “employers.” Just like fundamental questions about a statute’s applicability to workers or firms, determining which firms are classified as employers is often the dispositive factor in whether workers are able to enjoy their statutory rights.
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- Publisher: Cambridge University PressPrint publication year: 2019
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