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Legal Protections for Atypical Employees
June 11, 2006
The "atypical employee" is the independent contractor, the home worker, the temporary employee.
Where does this employee fit in when it comes to minimum wages, overtime, collective bargaining, workplace safety rules, and retirement?
These questions are explored in Legal Protections for Atypical Employees: Employment Law for Workers Without Workplaces and Employees with Employers by Katherine Stone at UCLA Law School, published in Berkeley Journal of Employment and Labor Law, Vol. 27, 2006.
Abstract:
In the United States, the decentralization of production has fostered the growth of many types of atypical employment, most notably temporary employment, homework, and dependent independent contractors. The labor and employment laws in the U.S. were designed for long-term employees, so that criteria for eligibility and schedules of benefits assume an on-going employment relationship with a single employer. As the numbers of atypical employees grows, more and more individuals find themselves lacking basic protection for minimum wage, health and safety, retirement security, industrial injury, and collective bargaining rights. This article surveys major U.S. employment laws to demonstrate that temporary workers, homeworkers, and independent contractors face practical as well as legal barriers that prevent them from getting full coverage under existing labor and employment laws.
Katherine Stone, Professor of Law at UCLA School since 2004. She teaches Arbitration Law, Labor Law I, Private Justice: The Law of Alternative Dispute Resolution and a Seminar on Labor and Social Policy. Prior to joining the UCLA School of Law, she was Professor of Law at Cornell Law School (1992-2004) and Anne Evans Estabrook Professor of Dispute Resolution at Cornell School of Industrial and Labor Relations (2000-04). Previously, she was Professor of Law at the Benjamin N. Cardozo Law School, Yeshiva University from 1984 to 1992. Stone received her B.A. from Harvard University (1970) and earned her J.D. from Harvard Law School (1979). She was an attorney at Cohen Weiss & Simon from 1979-1981 and at Rabinowitz Boudin Standard Krinsky & Lieberman from 1981-1984. She has also visited at Chicago Law School (1990-91), Stanford Law School (1997) and Yale Law School (1999-2000).
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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