Sam Estreicher is the Dwight D. Opperman Professor of Public Law at NYU School of Law, where he directs the Center for Labor and Employment Law. He served as chief reporter of the Restatement of Employment Law (2015).
Sam Estreicher is the Dwight D. Opperman Professor of Law at NYU School of Law where he directs its Center for Labor and Employment. He served as chief reporter of the Restatement of Employment Law (2015).
Professor Bagenstos suggests that I am somehow in league with “skeptics” of the civil rights laws and am calling for a form of “second-class citizenship” in my previous post urging greater use of the “safe harbor” approach in achieving antidiscrimination objectives. Just to repeat: I am advocating an EEOC-supervised program in which individuals in certain categories (identified by the agency) who want to work and, despite the best efforts over decades by administrative agencies and advocates, cannot find work, can enroll and seek work with participating employers who are encouraged to take a chance and hire them because they know that during a limited probationary period employment can be terminated for any reason. This is not an all-purpose panacea and is certainly not intended to foreclose bolstered enforcement efforts of a more traditional type (which I favor). It is intended to break through a kind of employment market logjam, to pursue the achievable good for individuals who chose to enroll and find employment.
In this particular context, there is little reason to fear that employers will participate for the purpose of taking advantage of short-term employees. Proceeding under agency oversight, this will be a highly visible program. Employers who are not interested will simply not get involved.
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May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.
May 14
MLB begins negotiating; Westchester passes a new wage act; USDA employees sue the Agriculture Secretary.