Employment

The ADA, Telework, and the Post-Pandemic Workplace

The ADA, Telework, and the Post-Pandemic Workplace

The EEOC should update its guidance to encourage employers to provide telework as a reasonable accommodation.

Clarifying the Default for Anti-Discrimination Statutes

Clarifying the Default for Anti-Discrimination Statutes

Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.

Why the Equality Act Remains Important to LGBTQ Equality

Why the Equality Act Remains Important to LGBTQ Equality

A Supreme Court victory is the beginning, not the end, of the fight against anti-LGBTQ discrimination.

The Supreme Court’s 2019-2020 Regulatory Term

The Supreme Court’s 2019-2020 Regulatory Term

Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.

The Search for Sound Vocational Evidence in Disability Adjudication

The Search for Sound Vocational Evidence in Disability Adjudication

Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.

Conflicting Interpretations of Worker Classification

Conflicting Interpretations of Worker Classification

Workers in some states may now be classified as both independent contractors and employees.

Regulating Work in an Age of Fissuring and Automation

Regulating Work in an Age of Fissuring and Automation

Employers may increasingly automate their workplaces, requiring a new approach to workplace regulation.

Regulating Non-Compete Agreements

Regulating Non-Compete Agreements

Governments should place limits on non-compete agreements that apply to low-wage workers.

Labor Without Employment

Labor Without Employment

Firms have moral obligations to those who perform work regardless of employment status.

The Joint-Employment Standard in Limbo

The Joint-Employment Standard in Limbo

A proposed rule by the NLRB and a potential Supreme Court decision challenge the joint-employer test.

Ratcheting Up Workplace Protections

Ratcheting Up Workplace Protections

State legislatures and agencies have an important role to play in improving workplaces for workers.

The Future of Workplace Regulation

The Future of Workplace Regulation

Scholars debate the current and future regulatory landscape for workers.