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.
Daily News & Commentary
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June 16
Hyundai workers approach strike; NTEU sues the IRS for First Amendment violation; former federal employees run for Congress in Trump pushback
June 15
Apple wins summary judgment on FLSA and state law worker claims; Werner truckers reach $18 million settlement; California court uphold finding that Tesla yard hostlers are exempt from the FAA.
June 14
Chocolate Workers union ratifies agreement with Hershey Entertainment & Resorts; Minnesota Twins’ concession workers announce plans to strike.
June 12
Third Republican NLRB member sails through appointment hearings; UAW secures symbolic deal with General Motors supplier.
June 11
DC Circuit enforces an NLRB bargaining order; House passes a bill to speed up negotiating between employers and unions.
June 10
SoFi Stadium workers narrowly avoid World Cup strike; Amazon's NLRB challenge to remain in Fifth Circuit; House passes strict timeline bill for first union contracts.