
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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July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH
July 11
Regional director orders election without Board quorum; 9th Circuit pauses injunction on Executive Order; Driverless car legislation in Massachusetts
July 10
Wisconsin Supreme Court holds UW Health nurses are not covered by Wisconsin’s Labor Peace Act; a district judge denies the request to stay an injunction pending appeal; the NFLPA appeals an arbitration decision.
July 9
the Supreme Court allows Trump to proceed with mass firings; Secretary of Agriculture suggests Medicaid recipients replace deported migrant farmworkers; DHS ends TPS for Nicaragua and Honduras
July 8
In today’s news and commentary, Apple wins at the Fifth Circuit against the NLRB, Florida enacts a noncompete-friendly law, and complications with the No Tax on Tips in the Big Beautiful Bill. Apple won an appeal overturning a National Labor Relations Board (NLRB) decision that the company violated labor law by coercively questioning an employee […]