Book contents
- The Virtual Workplace
- The Virtual Workplace
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 1 Introduction
- 2 Who Is an Employee?
- 3 Pleading Standards and the Technology Sector
- 4 Aggregating Claims
- 5 Collective Bargaining Agreements and Unions in the Modern Economy
- 6 Harassment and the Virtual Workplace
- 7 A Few Final Thoughts
- Appendix Selected Portions of Plaintiff’s Complaint in Bradshaw v. Uber Technologies
- Bibliography
- Index
- References
Bibliography
Published online by Cambridge University Press: 08 June 2021
Book contents
- The Virtual Workplace
- The Virtual Workplace
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 1 Introduction
- 2 Who Is an Employee?
- 3 Pleading Standards and the Technology Sector
- 4 Aggregating Claims
- 5 Collective Bargaining Agreements and Unions in the Modern Economy
- 6 Harassment and the Virtual Workplace
- 7 A Few Final Thoughts
- Appendix Selected Portions of Plaintiff’s Complaint in Bradshaw v. Uber Technologies
- Bibliography
- Index
- References
Summary
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- Information
- The Virtual WorkplacePublic Health, Efficiency, and Opportunity, pp. 193 - 218Publisher: Cambridge University PressPrint publication year: 2021
References
“About Postmates,” Postmates, www.postmates.com/about.Google Scholar
“About Us,” Doordash, www.doordash.com/about/.Google Scholar
“About Us,” Grubhub, www.about.grubhub.com/about-us/what-is-grubhub/default.aspx.Google Scholar
“About Us,” Handy, www.handy.com/about.Google Scholar
“About Us,” Yelp, www.yelp.com/about.Google Scholar
Ackerman, Bruce, We the People, Vol. 2 Transformation (Cambridge, MA: Belknap Press of Harvard University Press, 1998).Google Scholar
Aeppel, Timothy and Wiessner, Daniel, “Unions Brace for Pro-Business Shift in Labor Policy under Trump,” Reuters, November 9, 2016.Google Scholar
“AI for Your Business,” Crowdflower, www.figure-eight.com.Google Scholar
Alexander, Janet Cooper, “Presentation at the Debates Over Group Litigation,” in Comparative Perspective Conference in Geneva, Switzerland, An Introduction to Class Action Procedure in the United States (July 21–22, 2000) (abstract), www.law.duke.edu/grouplit/papers/classactionalexander.pdf.Google Scholar
Alleyne, Reginald, “Statutory Discrimination Claims: Rights ‘Waived’ and Lost in the Arbitration Forum,” Hofstra Labor Law Journal 13 (1996): 381–432.Google Scholar
Alton, Larry, “Four Ways the On-Demand Economy Is Changing the Face of Business,” Forbes, December 30, 2016.Google Scholar
Arnow-Richman, Rachel, “Just Notice: Re-Reforming Employment at Will,” University of California at Los Angeles Law Review 58 (2010): 1–72.Google Scholar
“Apply Now,” Lyft, www.lyft.com/drive-with-lyft.Google Scholar
Ashcraft, Catherine et al., Women in Tech: The Facts: 2016 Update // See What’s Changed and What Hasn’t (Denver, CO: National Center for Women & Information Technology, 2016).Google Scholar
Barbaro, Michael and Parker, Ashley, “Candidates Will Hail a Ride, but Not Necessarily the Uber Labor Model,” New York Times, July 16, 2015.Google Scholar
Barenberg, Mark, “Democracy and Domination in the Law of Workplace Cooperation: From Bureaucratic to Flexible Production,” Columbia Law Review 94 (1994): 753–983.CrossRefGoogle Scholar
Barenberg, Mark, “The Political Economy of the Wagner Act: Power, Symbol, and Workplace Cooperation,” Harvard Law Review 106 (1993): 1379–496.CrossRefGoogle Scholar
Bargiacchi, Alexsandra and Ivey, Laura* and Larson, Mark**, “Sexual Harassment in the Workplace: #Metoo, Women, Men, and the Gig Economy” (*Edison Research and **Marketplace, 2018).Google Scholar
Barron, Myra H., “Who’s an Independent Contractor? Who’s an Employee?,” Labor Lawyer 14 (1999): 457–73.Google Scholar
Barzilay, Arianne Renan and Ben-David, Anat, “Platform Inequality: Gender in the Gig-Economy,” Seton Hall Law Review 47 (2017): 393–432.Google Scholar
Bauer, David, “The Misclassification of Independent Contractors: The Fifty-Four Billion Dollar Problem,” Rutgers Journal of Law and Public Policy 12 (2015): 138–78.Google Scholar
Beaird, J. Ralph, “Employer and Consultant Reporting under the LMRDA,” Georgia Law Review 20 (1986): 533–64.Google Scholar
“Become a Dasher,” Doordash, www.doordash.com/dasher/apply/.Google Scholar
“Become a Soothe Therapist,” Soothe, www.soothe.com/apply.Google Scholar
“Become a Zeel Massage Therapist,” Zeel, www.zeel.com/zmt.Google Scholar
Befort, Stephen F., “Revisiting the Black Hole of Workplace Regulation: A Historical and Comparative Perspective of Contingent Work,” Berkeley Journal of Employment and Labor Law 24 (2003): 153–78.Google Scholar
Belknap, Michal R., “The New Deal and the Emergency Powers Doctrine,” Texas Law Review 62 (1983): 67–109.Google Scholar
Bellstrom, Kristen, “You Won’t Believe How Many Women in Tech Say They’ve Faced Sexual Harassment,” Fortune, January 11, 2016.Google Scholar
Benner, Katie, “Women in Tech Speak Frankly on Culture of Harassment,” New York Times, June 30, 2017.Google Scholar
Bernstein, Irving, “Americans in Depression and War,” in A History of the American Worker, ed. Morris, Richard B. (Princeton, NJ: Princeton University Press, 1983).Google Scholar
Bertoni, Steven, “Exclusive: Sean Rad Out as Tinder CEO. Inside the Crazy Saga,” Forbes, November 4, 2014.Google Scholar
Bertrand, Marianne and Mullainathan, Sendhil, “Are Emily and Greg More Employable than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination,” American Economic Review 94 (2004): 991–1013.Google Scholar
Bilton, Nick, “‘Silicon Valley Has Its Own Unique Kind of Harassment’: Will Technology Have Its #MeToo Moment?,” Vanity Fair, December 15, 2017.Google Scholar
Binder, Denis, “Sex Discrimination in the Airline Industry: Title VII Flying High,” California Law Review 59 (1971):1091–112.Google Scholar
Bingham, Lisa B., “Employment Arbitration: The Repeat Player Effect,” Employee Rights and Employment Policy Journal 1 (1997): 189–220.Google Scholar
Bird, Jane, “How the Tech Industry Is Attracting More Women,” Financial Times, March 9, 2018.Google Scholar
Blanchflower, David G. and Bryson, Alex, “Changes Over Time in Union Relative Wage Effects in the UK and the US Revisited,” in International Handbook of Trade Unions, ed. Addison, John T. and Schnabel, Claus (Cheltenham: Edward Elgar, 2003).Google Scholar
Blank, Joshua D. and Zacks, Eric A., “Dismissing the Class: A Practical Approach to the Class-Action Restriction on Legal Services Corporation,” Pennsylvania State Law Review 110 (2005): 1–40.Google Scholar
Bloomberg News, “California Judge Sides with Ex-Uber Driver Over Arbitration Clause,” Washington Post, September 21, 2015.Google Scholar
Bock, Richard A., “Secondary Boycotts: Understanding NLRB Interpretation of Section 8(b)(4)(b) of the National Labor Relations Act,” University of Pennsylvania Journal of Labor and Employment Law 7 (2005): 905–70.Google Scholar
Bodie, Matthew T., “Information and the Market for Union Representation,” Virginia Law Review 94 (2008): 1–78.Google Scholar
Bodie, Matthew T., “Participation as a Theory of Employment,” Notre Dame Law Review 89 (2013): 661–726.Google Scholar
Bodie, Matthew T., “Workers, Information, and Corporate Combinations: The Case for Nonbinding Employee Referenda in Transformative Transactions,” Washington University Law Review 85 (2007): 871–930.Google Scholar
Bohlen, Celestine, “Making Gains for Women in STEM Fields Will Take More Effort,” New York Times, November 20, 2018.Google Scholar
Bone, Robert G., “Twombly, Pleading Rules, and the Regulation of Court Access,” Iowa Law Review 94 (2009): 873–936.Google Scholar
Bosilkovski, Igor, “Silicon Valley Billionaire Reid Hoffman Condemns Sexual Harassment in the Venture Capital World,” Forbes, June 23, 2017.Google Scholar
Boston, William, “No Progress/or VW, Auto Workers Union in Resolving U.S. Labor Dispute,” Wall Street Journal, June 9, 2016.Google Scholar
Boston, William, “VW and UAW to Meet for Talks on Car Maker’s Chattanooga Plant,” Wall Street Journal, May 1, 2016.Google Scholar
Brake, Deborah L. and Grossman, Joanna L., “The Failure of Title VII as a Rights-Claiming System,” North Carolina Law Review 86 (2008): 859–936.Google Scholar
Brame, Megan, “Combating Sexual Harassment in the Tech Industry,” Huffington Post, March 9, 2017.Google Scholar
Brantner, Paula, “Unions Create Associate Membership Programs to Help Maintain Their Strength,” Today’s Workplace, September 17, 2004.Google Scholar
Bronsteen, John, “Against Summary Judgment,” George Washington Law Review 75 (2007): 522–71.Google Scholar
Brookins, Robert, “Mixed-Motives, Title VII, and Removing Sexism from Employment: The Reality and the Rhetoric,” Alabama Law Review 59 (1995): 1–138.Google Scholar
Brudney, James J., “Neutrality Agreements and Card Check Recognition:·Prospects for Changing Paradigms,” Iowa Law Review 90 (2005): 819–86.Google Scholar
Bryson, Alex and Freeman, Richard B., “Worker Needs and Voice in the US and the UK” (National Bureau of Economic Research, Working Paper No. 12310, 2006).CrossRefGoogle Scholar
“Build Your Own City: Spend Time Making Money,” Zirx, zirx.com/agents/.Google Scholar
Burdick, Ruth, “Principles of Agency Permit the NLRB to Consider Additional Factors of Entrepreneurial Independence and the Relative Dependence of Employees When Determining Independent Contractor Status under Section 2(3),” Hofstra Labor and Employment Law Journal 15 (1997): 75–136.Google Scholar
Cagle, Susie, “There’s No Such Thing as ‘The Gig Economy’,” Pacific Standard, July 28, 2015.Google Scholar
Calamur, Krishnadev, “New Volkswagen Policy Oks Interactions with Unions at U.S. Factory,” The Two-Way, NPR, November 12, 2014Google Scholar
Campbell, Charles B., “A ‘Plausible’ Showing after Bell Atlantic Corp. v. Twombly,” Nevada Law Journal 9 (2008): 1–31.Google Scholar
Cao, Jing and Newcomer, Eric, “Uber and Union Agree to Form Drivers Guild in New York City,” Bloomberg, May 10, 2016.Google Scholar
Carboni, Megan, “A New Class of Worker for the Sharing Economy,” Richmond Journal of Law and Technology 22 (2016): 1–56.Google Scholar
Carlson, Richard R., “Why the Law Still Can’t Tell an Employee When It Sees One and How It Ought to Stop Trying,” Berkeley Journal of Employment and Labor Law 22 (2001): 295–368.Google Scholar
Carson, Biz, “Inside Uber’s Effort to Fix Its Culture through a Harvard-Inspired ‘University’,” Forbes, February 3, 2018.Google Scholar
Carson, Biz, “The Lawyer Fighting for Uber and Lyft Employees Is Taking the Fight to Four More Companies,” Business Insider, July 1, 2015.Google Scholar
Casteel, Kathryn, “Sexual Harassment Isn’t Just a Silicon Valley Problem,” FiveThirtyEight, July 13, 2017.Google Scholar
Chang, Emily, “Brotopia: Breaking up the Boys’ Club of Silicon Valley” (excerpt), Fortune, February 6, 2018.Google Scholar
Chepaitis, Daniel J., “The National Labor Relations Act, Non-Paralleled Competition, and Market Power,” California Law Review 85 ( 1997 ): 769–820.Google Scholar
Cherry, Miriam A., “Working for (Virtually) Minimum Wage: Applying the Fair Labor Standards Act in Cyberspace,” Alabama Law Review 60 (2009): 1077–110.Google Scholar
Chu, Patrick, “Labor Cases Filed against Shyp, Washio, Postmates,” San Francisco Business Times, July 1, 2015.Google Scholar
Claire, , “How Partnering with Uber Can Spark Small Business & Entrepreneurship,” Uber, June 30, 2016.Google Scholar
Clegg, Sherry E., “Employment Discrimination Class Actions: Why Plaintiffs Must Cover All Their Bases after the Supreme Court’s Interpretation of Federal Rule of Civil Procedure 23(a)(2) in Wal-Mart v. Dukes,” Texas Tech Law Review 44 (2012): 1087–120.Google Scholar
Clermont, Kevin M., “Litigation Realities Redux,” Notre Dame Law Review 84 (2009): 1919–74.Google Scholar
Clermont, Kevin M. and Yeazell, Stephen C., “Inventing Tests, Destabilizing Systems,” Iowa Law Review 95 (2010): 821–62.Google Scholar
Colby, Charles and Bell, Kelly, “The On-Demand Economy Is Growing, and Not Just for the Young and Wealthy,” Harvard Business Review, April 14, 2016.Google Scholar
Coleman, Charles D., “Is Mandatory Employment Arbitration Living Up to Its Expectations – A View from the Employer’s Perspective,” ABA Journal of Labor and Employment Law 25 (2010): 227–40.Google Scholar
Coley, Timothy J., “Getting Noticed: Direct and Indirect Power-Allocation in the Contemporary American Labor Market,” Catholic University Law Review 59 (2010): 965–1000.Google Scholar
Colvin, Alexander J. S., “Empirical Research on Employment Arbitration: Clarity Amidst the Sound and Fury?,” Employee Rights and Employment Policy Journal 11 (2007): 405–48.Google Scholar
Connolly, Scott J., “Individual Liability of Supervisors for Sexual Harassment under Title VII: Courts’ Reliance on the Rules of Statutory Construction,” Boston College Law Review 42 (2001): 421–54.Google Scholar
Corbett, Christianne and Hill, Catherine, Solving the Equation: The Variables for Women’s Success in Engineering and Computing (Washington, DC: American Association of University Women, 2015).Google Scholar
Corbett, William R., “Waiting for the Labor Law of the Twenty-First Century: Everything Old Is New Again,” Berkeley Journal of Employment and Labor Law 23 (2002): 259–306.Google Scholar
Corbyn, Zoe and Chang, Emily, “Why Sexism Is Rife in Silicon Valley,” Guardian, March 17, 2017.Google Scholar
Craig, Robin Kundis, “Notice Letters and Notice Pleading: The Federal Rules of Civil Procedure and the Sufficiency of Environmental Citizen Suit Notice,” Oregon Law Review 78 (1999): 105–202.Google Scholar
“The Criminal Justice System: Statistics,” RAINN, www.rainn.org/statistics/criminal-justice-system.Google Scholar
Crolley, Axton, “Strippers, Uber Drivers, and Worker Status in South Carolina,” South Carolina Law Review 69 (2018): 945–76.Google Scholar
Dasteel, Jeffrey H. and McKaig, Ronda, “What’s Money Got to Do with It?: How Subjective, Ad Hoc Standards for Permitting Money Damages in Rule 23(b)(2) Injunctive Relief Classes Undermine Rule 23’s Analytical Framework,” Tulane Law Review 80 (2006): 1881–904.Google Scholar
Dau-Schmidt, Kenneth G., “Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform,” Marquette Law Review 94 (2011): 765–836.Google Scholar
Dave, Paresh and Flemming, Jack, “Sexual Harassment Claims Prompt Venture Capitalists to Apologize, Change Policies and Head to Counseling,” Los Angeles Times, July 3, 2017.Google Scholar
Davey, Monica, “Unions Suffer Latest Defeat in Midwest with Signing of Wisconsin Measure,” New York Times, March 9, 2015.Google Scholar
Davey, Monica and Bosman, Julie, “In Victory for Unions, Law on Dues Is Struck Down in Wisconsin,” New York Times, April 8, 2016.Google Scholar
Davidson, Patricia, “The Definition of ‘Employee’ under Title VII: Distinguishing between Employees and Independent Contractors,” University of Cincinnati Law Review 53 (1984): 203–30.Google Scholar
Davidson, Paul, “Decline of Unions Has Hurt All Workers: Study,” USA Today, August 30, 2016.Google Scholar
De Stefano, Valerio, “The Rise of the ‘Just-in-Time Workforce’: On-Demand Work, Crowdwork, and Labor Protection in the ‘Gig-Economy’,” Comparative Labor Law and Policy Journal 37 (2016): 471–504.Google Scholar
DeBonis, Mike and Snell, Kelsey, “House GOP Discusses Obamacare Replacement Ideas – But Doesn’t Call Them a Plan,” Washington Post, February 16, 2017.Google Scholar
DeFelice, Manon, “Want More Women in Tech Jobs? Create a Culture of Flexibility & Entrepreneurship,” Forbes, May 17, 2018.Google Scholar
DeSilver, Drew, “American Unions Membership Declines as Public Support Fluctuates,” Pew Research Center, February 20, 2014.Google Scholar
Diakopoulos, Nicholas, “How Uber Surge Pricing Really Works,” Washington Post, April 17, 2015.Google Scholar
Dilts, Elizabeth, “U.S. Fast-Food Workers Rally for Higher Minimum Wage,” Chicago Tribune, December 5, 2013.Google Scholar
Dobbin, Frank and Kalev, Alexandra, “Training Programs and Reporting Systems Won’t End Sexual Harassment. Promoting More Women Will,” Harvard Business Review, November 15, 2017.Google Scholar
Dodson, Scott, “Beyond Twombly,” Civil Procedure & Federal Courts Blog, May 18, 2019, https://lawprofessors.typepad.com/civpro/2009/05/beyond-twombly-by-prof-scott-dodson.html;Google Scholar
Dodson, Scott, “Pleading Standards after Bell Atlantic Corp. v. Twombly,” Virginia Law Review in Brief 93 (2007): 135–44.Google Scholar
Dolan, Matthew and Maher, Kris, “Unions Dealt Blow in UAW’s Home State,” Wall Street Journal, December 12, 2012.Google Scholar
“Driving Jobs vs Driving with Uber,” Uber, www.uber.com/driver-jobs/.Google Scholar
Duff, Michael C., “ALT-Labor, Secondary Boycotts, and toward a Labor Organization Bargain,” Catholic University Law Review 63 (2014): 837–78.Google Scholar
Dulaney, Chelsey, “Uber Ruling Adds More Drivers to Class-Action Suit,” Wall Street Journal, December 9, 2015.Google Scholar
Editorial Board, “Defining ‘Employee’ in the Gig Economy,” New York Times, July 18, 2015.Google Scholar
EEOC, “Holistic Approach Needed to Change Workplace Culture to Prevent Harassment, Experts Tell EEOC,” Press Release, October 31, 2018.Google Scholar
Eidelson, Josh, “Uber Found an Unlikely Friend in Organized Labor,” Bloomberg, October 27, 2016.Google Scholar
Eidelson, Josh, “Union-ish: VW and UAW Are Odd Bedfellows at a Southern U.S. Plant,” Bloomberg Businessweek, February 19, 2015, 21.Google Scholar
Eisenberg, Theodore and Lanvers, Charlotte, “Summary Judgment Rates over Time, across Case Categories, and across Districts: An Empirical Study of Three Large Federal Districts” (Cornell Law School, Research Paper No. 08-022, 2008), www.ssrn.com/abstract=1138373.Google Scholar
“Elephant in the Valley,” www.elephantinthevalley.com/.Google Scholar
E-mail from Joe S. Cecil, Sr. Research Assoc., Fed. Judicial Ctr., to Joseph Seiner, Assistant Professor of Law, University of South Carolina (May 19, 2008, 22:07:36 EST) (on file with author).Google Scholar
E-mail from Joe S. Cecil, Sr. Research Assoc., Fed. Judicial Ctr., to Joseph Seiner, Assistant Professor of Law, University of South Carolina (June 20, 2008, 16:24:17 EST) (on file with author).Google Scholar
E-mail from Joe S. Cecil, Sr. Research Assoc., Fed. Judicial Ctr., to Joseph Seiner, Assistant Professor of Law, University of South Carolina (September 24, 2008, 10:07:00 EST) (on file with author).Google Scholar
E-mail from Managing Editor, Jury Verdict Research, to Joseph Seiner, Assistant Professor of Law, University of South Carolina (May 27, 2009 08:55:00 EST) (on file with author).Google Scholar
Epstein, Richard A., “Class Actions: Aggregation, Amplification, and Distortion,” University of Chicago Legal Forum (2003): 475–518.Google Scholar
Epstein, Richard A., “In Defense of the Contract at Will,” University of Chicago Law Review 51 (1984): 947–82.Google Scholar
Epstein, Richard A., “Uber and Lyft in California: How to Use Employment Law to Wreck an Industry,” Forbes, March 16, 2015.Google Scholar
Erickson, Christopher L. et al., “Justice for Janitors in Los Angeles and Beyond: A New Form of Unionism in the Twenty-First Century?,” in The Changing Role of Unions: New Forms of Representation, ed. Wunnava, Phanindra V. (New York: M. E. Sharpe, 2004).Google Scholar
Estlund, Cynthia L., “Are Unions a Constitutional Anomaly?,” Michigan Law Review 114 (2015): 169–234.Google Scholar
Estlund, Cynthia L., “The Black Hole of Mandatory Arbitration,” North Carolina Law Review 96 (2018): 679–710.Google Scholar
Estlund, Cynthia L., “Citizens of the Corporation? Workplace Democracy in a Post-Union Era,” in Corporations and Citizenship, ed. Urban, Greg (Philadelphia: University of Pennsylvania Press, 2014).Google Scholar
Estlund, Cynthia L., “Employment Rights and Workplace Conflict: A Governance Perspective,” in The Oxford Handbook of Conflict Management in Organizations, ed. Roche, William K. et al. (Oxford: Oxford University Press, 2014).Google Scholar
Estlund, Cynthia L., “The Ossification of American Labor Law,” Columbia Law Review 102 (2002): 1527–612.Google Scholar
Estlund, Cynthia L., Regoverning the Workplace: From Self-Regulation to Co-Regulation (New Haven, CT: Yale University Press, 2010).Google Scholar
Estlund, Cynthia L., “Why Workers Still Need a Collective Voice in the Era of Norms and Mandates,” in Research Handbook on The Economics of Labor and Employment Law, ed. Estlund, Cynthia L. and Wachter, Michael L. (Cheltenham: Edward Elgar, 2012).Google Scholar
Estreicher, Samuel, “Employee Involvement and the ‘Company Union’·Prohibition: The Case for Partial Repeal of Section 8(a)(2) of the NLRA,” New York University Law Review 69 (1994): 125–61.Google Scholar
Estreicher, Samuel, “Freedom of Contract and Labor Law Reform: Opening Up the Possibilities for Value-Added Unionism,” New York University Law Review 71 (1996): 827–50.Google Scholar
Estreicher, Samuel, “Nonunion Employee Representation: A Legal/Policy Perspective,” in Nonunion Employee Representation: History, Contemporary Practice, and Policy, ed. Kaufman, Bruce E. and Taras, Daphne Gottlieb (New York: M. E. Sharpe, 2000).Google Scholar
Estreicher, Samuel, “Strategy for Labor Revisited,” St. John’s Law Review 86 (2012): 413–30.Google Scholar
Evans, Michelle, “Establishing Employee or Independent Contractor Status,” American Jurisprudence Proof of Facts, 3rd Series 108 (2009).Google Scholar
Faiz, Siddiqui, “New York Considering Setting Minimum Wage for Uber, Lyft Drivers,” Washington Post, July 2, 2018.Google Scholar
Faiz, Siddiqui, “Uber Launches New Features Aimed at Improving Driver Experience,” Washington Post, June 7, 2016.Google Scholar
Farleigh, Jenna G., “Splitting the Baby: Standardizing Issue Class Certification,” Vanderbilt Law Review 64 (2011): 1585–632.Google Scholar
Farmer, Miles B., “Mandatory and Fair? A Better System of Mandatory Arbitration,” Yale Law Journal 121 (2012): 2346–94.Google Scholar
Feldblum, Chai R. and Lipnic, Victoria A., Select Task Force on the Study of Harassment in the Workplace (Washington, DC: U.S. Equal Employment Opportunity Commission, 2016).Google Scholar
Feldman, Robin, “Patent Demands & Startup Companies: The View from the Venture Capital Community,” Yale Journal of Law and Technology 16 (2014): 236–84.Google Scholar
Fink, Jessica, “Gender Sidelining and the Problem of Unactionable Discrimination,” Stanford Law and Policy Review 29 (2018): 57–106.Google Scholar
Finley, Klint, “Tech Still Doesn’t Take Discrimination Seriously,” Wired, February 20, 2017.Google Scholar
Fisk, Catherine L., “Workplace Democracy and Democratic Worker Organizations: Notes on Worker Centers,” Theoretical Inquiries in Law 17 (2016): 101–30.Google Scholar
Fitzpatrick, Brian T., “The End of Class Actions?,” Arizona Law Review 57 (2015): 161–200.Google Scholar
Foote, Doug, “Forty Thousand Workers in Albuquerque Get a Raise This Week (You Built That),” Working America Main Street Blog, January 3, 2013.Google Scholar
Fowler, Susan, “Reflecting on One Very, Very Strange Year at Uber,” SusanJFowler, February 19, 2017.Google Scholar
Frankel, Alison, “The Supreme Court’s Next Big Class Action Controversy: Ascertainability,” Reuters, January 4, 2016.Google Scholar
“Freelancer Discounts,” Freelancers Union, www.freelancersunion.org/discounts/#/all.Google Scholar
Freeman, Richard B., “From the Webbs to the Web: The Contribution of the Internet to Reviving Union Fortunes” (National Bureau of Economic Research, Working Paper No. 11298, 2005).Google Scholar
Freeman, Richard B. and Rogers, Joel, What Workers Want (Ithaca, NY: Cornell University Press, 1999).Google Scholar
Fried, Meredith J., “Helping Employers Help Themselves: Resolving the Conflict between the Fair Credit Reporting Act and Title VII,” Fordham Law Review 69 (2000): 209–42.Google Scholar
Friedenthal, Jack H. et al., Civil Procedure, 5th ed. (St. Paul, MN: West Academic, 1999).Google Scholar
Frizell, Sam, “Uber Just Answered Everything You Want to Know About Your Driver,” Time, January 22, 2015.Google Scholar
Garden, Charlotte, “Labor Values Are First Amendment Values: Why Union Comprehensive Campaigns Are Protected Speech,” Fordham Law Review 79 (2011): 2617–68.Google Scholar
Gay, Eric, “Uber Report: Eric Holder’s Recommendations for Change,” New York Times, June 13, 2017.Google Scholar
Getman, Julius, “The National Labor Relations Act: What Went Wrong; Can We Fix It?,” Boston College Law Review 45 (2003): 125–46.Google Scholar
Glynn, Timothy P., “Taking the Employer out of Employment Law? Accountability for Wage and Hour Violations in an Age of Enterprise Disaggregation,” Employee Rights and Employment Policy Journal 15 (2011): 201–36.Google Scholar
Godard, John and Frege, Carola, “Labor Unions, Alternative Forms of Representation, and the Exercise of Authority Relations in U.S. Workplaces,” Industrial and Labor Relations (ILR) Review: The Journal of Work and Policy 66 (2013): 142–68.Google Scholar
Goldman, Lee, “Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem,” Brigham Young University Law Review 2008 (2008): 1057–102.Google Scholar
Goldstein, Bruce et al., “Enforcing Fair Labor Standards in the Modern American Sweatshop: Rediscovering the Statutory Definition of Employment,” University of California at Los Angeles Law Review 46 (1999): 983–1164.Google Scholar
Gorman, Tricia and Rebecca, Ditsch, “Q&A: The Uber Settlement and Its Impact on Worker Classification in the Gig Economy,” Westlaw Journal Employment 30 (2016): 6–7.Google Scholar
Gosselin, Peter and Tobin, Ariana, “Cutting ‘Old Heads’ at IBM,” ProPublica, March 22, 2018.Google Scholar
Gottheil, Thomas I. M., “Not Part of the Bargain: Worker Centers and Labor Law in Sociohistorical Context,” New York University Law Review 89 (2014): 2228–64.Google Scholar
Gray, Kathleen, “Anti-Union Bills Pass Michigan House of Representatives,” Detroit Free Press, December 7, 2016.Google Scholar
Grebeldinger, Susan K, “How Can a Plaintiff Prove Intentional Employment Discrimination if She Cannot Explore the Relevant Circumstances: The Need for Broad Workforce and Time Parameters in Discovery,” Denver University Law Review 74 (1996): 159–206.Google Scholar
Green, Michael Z., “Proposing a New Paradigm for EEOC Enforcement after 35 Years: Outsourcing Charge Processing by Mandatory Mediation,” Dickinson Law Review 105 (2001): 305–64.Google Scholar
Greenhouse, Steven, “Bill Easing Unionizing Is under Heavy Attack,” New York Times, January 8, 2009.Google Scholar
Greenhouse, Steven, “On Demand, and Demanding Their Rights,” American Prospect, June 28, 2016.Google Scholar
Greenhouse, Steven, “Labor Federation Forms a Pact with Day Workers,” New York Times, August 10, 2006.Google Scholar
Greenhouse, Steven, “Tackling Concerns of Independent Workers,” New York Times, March 23, 2013.Google Scholar
Greenhouse, Steven, “Wisconsin’s Legacy for Unions,” New York Times, February 22, 2014.Google Scholar
Gregg, Remington A., “Hey, Tech Industry: In the #MeToo Era, Forced Arbitration Must End,” Hill, February 20, 2018.Google Scholar
Griffith, Erin, “How Venture Capitalists Got Away with Sexual Harassment,” Fortune, July 21, 2017.Google Scholar
Griffith, Erin, “What Has Tech Done to Fix Its Harassment Problem?,” Wired, January 22, 2018.Google Scholar
Grodin, Joseph, “Toward a Wrongful Termination Statute for California,” Hastings Law Journal 42 (1990): 135–64.Google Scholar
Groff, Amy L. et al., “Platforms Like Uber and the Blurred Line between Independent Contractors and Employees: Facing the Challenges to Employment Law Presented by Seemingly Intermediary Platforms of the Modern On-Demand Economy,” Computer Law Review International 16 (2015): 166–71.Google Scholar
Guynn, Jessica, “Here’s Why Women, Hispanics and Blacks Are Leaving Tech,” USA Today, April 27, 2017.Google Scholar
Hadfield, Gillian, “World Needs Twenty-first Century Regulation to Police Gig Economy,” Financial Times, November 22, 2017.Google Scholar
Hall, Jonathan, “In the Driver’s Seat: A Closer Look at the Uber Partner Experience,” Uber, January 22, 2015.Google Scholar
Hall, Jonathan V. and Krueger, Alan B., “An Analysis of the Labor Market for Uber’s Driver-Partners in the United States” (National Bureau of Economic Research, Working Paper No. 22843, 2016).Google Scholar
Hamed, Karen R. et al., “Creating a Workable Legal Standard for Defining an Independent Contractor,” Journal of Business Entrepreneurship and Law 4 (2010): 93–118.Google Scholar
“Handling Internal Discrimination Complaints about Disciplinary Action,” Equal Employment Opportunity Commission, www.eeoc.gov/employers/smallbusiness/checklistsinternal_complaints_about_disciplinary_action.cfm.Google Scholar
Hannon, Kendall W., “Much Ado About Twombly? A Study on the Impact of Bell Atlantic Corp. v. Twombly on 12(b)(6) Motions,” Notre Dame Law Review 83 (2008): 1811–46.Google Scholar
Harris, Seth D. and Krueger, Alan B., “A Proposal for Modernizing Labor Laws for Twenty-First-Century Work: The ‘Independent Worker’” (Hamilton Project Discussion Paper No. 2015-10 December 2015).Google Scholar
Hart, Melissa, “Will Employment Discrimination Class Actions Survive?,” Akron Law Review 37 (2004): 813–46.Google Scholar
Hartnett, Edward A., “Taming Twombly, Even after Iqbal,” University of Pennsylvania Law Review 158 (2010): 473–516.Google Scholar
Harvey, Philip, “Joblessness and the Law before the New Deal,” Georgetown Journal on Poverty Law and Policy 6 (1999): 1–42.Google Scholar
Hatamyar, Patricia W., “The Tao of Pleading: Do Twombly and Iqbal Matter Empirically?,” American University Law Review 59 (2010): 553–633.Google Scholar
Haviz, Hiba, “How Legal Agreements Can Silence Victims of Workplace Sexual Assault,” Atlantic, October 18, 2017.Google Scholar
Heckscher, Charles C., The New Unionism: Employee Involvement in the Changing Corporation (New York: Basic Books, 1988).Google Scholar
Hennessey, Kathleen, “The ‘Gig Economy’ Gets the Campaign Treatment,” Los Angeles Times, July 13, 2015.Google Scholar
Hersch, Joni, “A Workers’ Lobby to Provide Portable Benefits,” in Emerging Labor Market Institutions for the Twenty-First Century, ed. Freeman, Richard B. et al. (Cambridge, MA: National Bureau of Economic Research, 2005).Google Scholar
Hiatt, Jonathan P. and Gold, Laurence E., “Employer–Employee Committees: A Union Perspective,” in Nonunion Employee Representation: History, Contemporary Practice, and Policy, ed. Kaufman, Bruce E. and Taras, Daphne Gottlieb (New York: M. E. Sharpe, 2000).Google Scholar
Hill, Adriene, “Freelancers Piece Together a Living in the Temp Economy,” New York Times, March 24, 2014.Google Scholar
Hillman, Robert A., “Drafting Chapter 2 of the ALI’s Employment Law Restatement in the Shadow of Contract Law: An Assessment of the Challenges and Results,” Cornell Law Review 100 (2015): 1341–68.Google Scholar
Hirsch, Barry T. and Macpherson, David A., “Union Membership and Coverage Database from the Current Population Survey: Note,” Industry and Labor Relations Review 56 (2003): 349–54.Google Scholar
Hirsch, Barry T. and Macpherson, David A., “Union Membership and Coverage Database, Union Membership, Coverage, Density, and Employment by Industry,” Unionstats, http://unionstats.gsu.edu/Ind_U_2017.htm.Google Scholar
Hirsch, Jeffrey M., “Employee or Entrepreneur?,” Washington and Lee Law Review 68 (2011):353–68.Google Scholar
Hirsch, Jeffrey M. and Hirsch, Barry T., “The Rise and Fall of Private Sector Unionism: What Next for the NLRA?,” Florida State University Law Review 34 (2007): 1133–80.Google Scholar
Hirsch, Jeffrey M. and Seiner, Joseph, “A Modern Union for the Modern Economy,” Fordham Law Review 86 (2018): 1727–84.Google Scholar
Hoffman, Lonny S., “Burn Up the Chaff with Unquenchable Fire: What Two Doctrinal Intersections Can Teach Us about Judicial Power over Pleadings,” Boston University Law Review 88 (2008): 1217–70.Google Scholar
Holland, Scott, “Drivers Deliver Class Action Saying GrubHub Needs to Treat Them as Employees, Not Contractors,” Cook County Record, July 11, 2016.Google Scholar
Huet, Ellen, “Homejoy Shuts Down, Citing Worker Misclassification Lawsuits,” Forbes, July 17, 2015.Google Scholar
Huffman, Max, “The Necessity of Pleading Elements in Private Antitrust Conspiracy Claims,” Pennsylvania Journal of Business and Employment Law 10 (2008): 627–62.Google Scholar
Hwang, Tim and Elish, Madeleine Clare, “The Mirage of the Marketplace,” Slate.com, July 27, 2015.Google Scholar
Hyde, Alan, “Employee Caucus: A Key Institution in the Emerging System of Employment Law,” Chicago-Kent Law Review 69 (1993): 149–94.Google Scholar
Hyde, Alan, “Employee Organization in Silicon Valley: Networks, Ethnic Organization, and New Unions,” University of Pennsylvania Journal of Labor and Employment Law 4 (2002): 493–528.Google Scholar
Hyde, Alan, “Employment Law after the Death of Employment,” University of Pennsylvania Journal of Labor and Employment Law 1 (1998): 99–116.Google Scholar
Hyde, Alan, “New Institutions for Worker Representation in the United States: Theoretical Issues,” New York Law School Law Review 50 (2006): 385–416.Google Scholar
“IAM District 15 Announces Groundbreaking Deal with Uber in NYC,” International Association of Machinists and Aerospace Workers, May 12, 2016, www.goiam.org/news/iam-district-15-announces-groundbreaking-deal-with-uber-in-nyc/.Google Scholar
Ides, Allan, “Bell Atlantic and the Principle of Substantive Sufficiency under Federal Rule of Civil Procedure 8(a)(2): Toward a Structured Approach to Federal Pleading Practice,” F.R.D. (Federal Rules Decisions) 243 (2007): 604–39.Google Scholar
“Independent Contractors,” Workplace Fairness, www.workplacefairness.org/independent-contractors.Google Scholar
“Independent Drivers Guild,” www.drivingguild.org.Google Scholar
Ip, Greg, “As the Gig Economy Changes Work, So Should Rules,” Wall Street Journal, December 9, 2015.Google Scholar
Isaac, Mike and de la Merced, Michael J., “Uber Turns to Saudi Arabia for $3.5 Billion Cash Infusion,” New York Times, June 1, 2016.Google Scholar
Isaac, Mike and Scheiber, Noam, “Uber Settles Cases with Concessions, but Drivers Stay Freelancers,” New York Times, April 21, 2016.Google Scholar
Isaac, Mike and Singer, Natasha, “California Says Uber Driver Is Employee, Not a Contractor,” New York Times, June 17, 2015.Google Scholar
Isaac, Mike et al., “Seattle Considers Measure to Let Uber and Lyft Drivers Unionize,” New York Times, December 13, 2015.Google Scholar
Isadore, Chris, “Uber Settles Disputes with Thousands of Drivers ahead of Its IPO,” CNN Business, May 9, 2019.Google Scholar
Issacharoff, Samuel and Harris, Erica Worth, “Is Age Discrimination Really Age Discrimination?: The ADEA’s Unnatural Solution,” New York University Law Review 72 (1997): 780–840.Google Scholar
Jaconi, Mike, “The ‘On-Demand Economy’ Is Revolutionizing Consumer Behavior – Here’s How,” Business Insider, July 13, 2014.Google Scholar
Johnson, Benjamin D., “There’s No Place like Work: How Modern Technology Is Changing the Judiciary’s Approach to Work-at-Home Arrangements as an ADA Accommodation,” University of Richmond Law Review 49 (2015): 1229–64.Google Scholar
Johnson, Craig, “Crowdsourcing Supplier Settles Class Action Lawsuit,” Staffing Industry Analysts, July 8, 2015.Google Scholar
“Join the Saucey HQ,” Saucey, www.saucey.com/careers.Google Scholar
“Join the Valet Team,” Luxe, www.luxe.com/valet.Google Scholar
“Join Vint,” Vint, www.joinvint.com/.Google Scholar
Jolls, Christine, “Antidiscrimination Law’s Effects on Implicit Bias,” in NYU Selected Chapters on Labor and Employment Law, Vol. 3, Behavioral Analyses of Workplace Discrimination, ed. Gulati, Mitu and Yelnosky, Michael J. (Alphen aan den Rijn: Kluwer Law International, 2007).Google Scholar
Jones, Jeffrey M., “Approval of Labor Unions Holds Near Its Low, at 52%,” Gallup, August 31, 2011.Google Scholar
Jones, Jeffrey M., “New High of 55% of Americans Foresee Labor Unions Weakening,” Gallup, September 1, 2011.Google Scholar
Joyce, Amy, “Labor Web Site Keeps Tabs on Business,” Washington Post, November 18, 2005.Google Scholar
Jury Verdict Research, Employment Practice Liability: Jury Award Trends and Statistics (Eagan, MN: Thomson Reuters, 2008).Google Scholar
Karmasek, Jessica, “Boston Plaintiffs Attorney Targets Startup Companies in Class Actions,” Legal Newsline, May 27, 2016.Google Scholar
Katersky, Aaron and Winsor, Morgan, “Women Accusing Uber Drivers of Sexual Assault Demand Their Stories Be Heard in Court, Not Arbitration,” ABC News, April 26, 2018.Google Scholar
Katz, Debra S., “Thirty Million Women Can’t Sue Their Employer over Harassment. Hopefully That’s Changing,” Washington Post, May 17, 2018.Google Scholar
Kaufman, Bruce E., “Does the NLRA Constrain Employee Involvement and Participation Programs in Nonunion Companies?: A Reassessment,” Yale Law and Policy Review 17 (1999): 729–812.Google Scholar
Kendall, Marisa, “Uber Battling More than 70 Lawsuits in Federal Courts,” Mercury News, July 4, 2016.Google Scholar
Kennedy, Elizabeth, “Freedom from Independence: Collective Bargaining Rights for ‘Dependent Contractors’,” Berkeley Journal of Employment and Labor Law 26 (2005): 143–80.Google Scholar
Kessler, Sarah, “The Gig Economy Won’t Last Because It’s Being Sued to Death,” Fast Company, February 17, 2015.Google Scholar
Khazan, Olga, “The More Gender Equality, the Fewer Women in STEM,” Atlantic, February 18, 2018.Google Scholar
Kim, Pauline T., “Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World,” Cornell Law Review 83 (1997): 105–60.Google Scholar
King, Joseph H. Jr., “Limiting the Vicarious Liability of Franchisors for the Torts of Their Franchisees,” Washington and Lee Law Review 62 (2005): 417–86.Google Scholar
Klein, Adam Klein et al., “Individualized Justice in Class and Collective Actions,” in Beyond Elite Law: Access to Civil Justice in America, ed. Estreicher, Samuel and Radice, Joy (New York: Cambridge University Press, 2016).Google Scholar
Klonoff, Robert H., “The Decline of Class Actions,” Washington University Law Review 90 (2013): 729–838.Google Scholar
Kokalitcheva, Kia, “Home Cleaning Startup Homejoy Bites the Dust – Literally,” Fortune, July 17, 2015.Google Scholar
Kokalitcheva, Kia, “Uber Strikes Deal with New York City Union to Create Driver Guild,” Fortune, May 10, 2016.Google Scholar
Kolhatkar, Sheelah, “The Tech Industry’s Gender-Discrimination Problem,” New Yorker, November 13, 2017.Google Scholar
Kolodny, Lora, “Homejoy Raises $38M for House Cleaning on Demand,” Wall Street Journal, December 5, 2013.Google Scholar
Koppel, Nathan, “Job-Discrimination Cases Tend to Fare Poorly in Federal Court,” Wall Street Journal, February 19, 2009.Google Scholar
Korb, Elaine M. and Bales, Richard A., “A Permanent Stop Sign: Why Courts Should Yield to the Temptation to Impose Heightened Pleading Standards in § 1983 Cases,” Brandeis Law Journal 41 (2002): 267–96.Google Scholar
Kosoff, Maya, “Two Workers Are Suing a Cleaning Startup Called Handy over Alleged Labor Violations,” Business Insider, November 12, 2014.Google Scholar
Koysza, David Hill, “Preventing Defendants from Mooting Class Actions by Picking Off Named Plaintiffs,” Duke Law Journal 53 (2003): 781–806.Google Scholar
Kremer, Connie, “McDonnell Douglas Burden Shifting and Judicial Economy in Title VII Retaliation Claims: In Pursuit of Expediency, Resulting in Inefficiency,” University of Cincinnati Law Review 85 (2017): 857–76.Google Scholar
Kritikos, A. J., “A Lawsuit to Break the Gig Economy,” Wall Street Journal, September 20, 2015.Google Scholar
Kruppstadt, Thomas K., “Determining Whether a Physician Is a United States Employee or an Independent Contractor in a Medical Malpractice Action under the Federal Tort Claims Act,” Baylor Law Review 47 (1995): 223–48.Google Scholar
“Labor Unions,” Gallup, www.news.gallup.com/poll/12751/labor-unions.aspx.Google Scholar
Lacy, D. Aaron, “The Most Endangered Title VII Plaintiff?: Exponential Discrimination against Black Males,” Nebraska Law Review 86 (2008): 552–94.Google Scholar
Lagesen, Vivian Anette, “The Strength of Numbers: Strategies to Include Women into Computer Science,” Social Studies of Science 37, no. 1 (February 2007): 67–92.Google Scholar
Lahey, Joanna N., “Age, Women, and Hiring: An Experimental Study,” Journal of Human Resources (Winter 2008): 30–56.Google Scholar
Lazarus, David, “Uber and Lyft See the Light on Sexual Assault, but They Could Do a Whole Lot Better,” Los Angeles Times, May 18, 2018.Google Scholar
Lee, Dayne, “Bundling ‘Alt-Labor’: How Policy Reform Can Facilitate Political Organization in Emerging Worker Movements,” Harvard Civil Rights-Civil Liberties Law Review 51 (2016): 509–36.Google Scholar
Leonard, James, “The Equality Trap: How Reliance on Traditional Civil Rights Concepts Has Rendered Title I of the ADA Ineffective,” Case Western Reserve Law Review 56 (2005): 1–64.Google Scholar
LePrince-Ringuet, Daphne, “Talent Isn’t Keeping Women Away from Science. Sexism, Stereotypes and Bad Science Are,” Wired, August 31, 2018.Google Scholar
LeRoy, Michael H., “Employee Participation in the New Millennium: Redefining a Labor Organization under Section 8(a)(2) of the NLRA,” Southern California Law Review 72 (1999): 1651–724.Google Scholar
Levin, Sam, “Airbnb Sued by Woman Who Says She Was Sexually Assaulted by ‘Superhost’,” Guardian, July 27, 2017.Google Scholar
Levin, Sam, “Sexism, Racism and Bullying Are Driving People out of Tech, US Study Finds,” Guardian, April 27, 2017.Google Scholar
Levine, Dan, “In US Driver Lawsuit, Uber Must Live with Class Action Order for Now,” Reuters, November 17, 2015.Google Scholar
Levine, David I., Reinventing the Workplace: How Business and Employees Can Both Win (Washington, DC: Brookings Institution, 1995).Google Scholar
Levs, Josh, “Analysis: Why America’s Unions Are Losing Power,” CNN, December 12, 2012.Google Scholar
Li, Shan, “On-Demand Laundry Start-Up Washio Shuts down,” Los Angeles Times, August 30, 2016.Google Scholar
Liedtke, Michael and Bhuiyan, Johana, “After Worker Protest, Google Stops Requiring Arbitration in Sexual Misconduct Cases,” Los Angeles Times, November 8, 2018.Google Scholar
Lien, Tracey, “GrubHub, DoorDash and Caviar Face Lawsuits over Worker Misclassification,” Los Angeles Times, September 23, 2015.Google Scholar
Lien, Tracey, “Meet the Attorney Suing Uber, Lyft, GrubHub and a Dozen California Tech Firms,” Los Angeles Times, January 24, 2016.Google Scholar
Lien, Tracey, “Uber Sued by Drivers Excluded from Class-Action Lawsuit,” Los Angeles Times, January 4, 2016.Google Scholar
Linder, Marc, “Dependent and Independent Contractors in Recent U.S. Labor Law: An Ambiguous Dichotomy Rooted in Simulated Statutory Purposelessness,” Comparative Labor Law and Policy Journal 21 (1999): 187–230.Google Scholar
Linder, Marc, The Employment Relationship in Anglo-American Law (New York: Greenwood Press, 1989).Google Scholar
Lindsey, Alex et al., “Two Types of Diversity Training That Really Work,” Harvard Business Review, July 28, 2017.Google Scholar
Liptak, Adam, “9/11 Case Could Bring Broad Shift on Civil Suits,” New York Times, July 20, 2009.Google Scholar
Liptak, Adam, “Case About 9/11 Could Lead to a Broad Shift on Civil Lawsuits,” New York Times, July 21, 2009.Google Scholar
Lobel, Orly, “The Gig Economy & the Future of Employment and Labor Law,” University of San Francisco Law Review 51 (2017): 51–74.Google Scholar
Lobel, Orly and Lofaso, Anne Marie, “Systems of Employee Representation: The US Report,” in Systems of Employee Representation at the Enterprise: A Comparative Study, ed. Blanpain, Roger et al. (New York: Kluwer Law International, 2012).Google Scholar
Lorenzetti, Laura, “Everything to Know About the Uber Class Action Lawsuit,” Fortune, September 2, 2015.Google Scholar
Ludden, Jennifer, “The End of 9-to-5: When Work Time Is Anytime,” NPR, March 16, 2010.Google Scholar
Macey, Barry A., “Response to Theodore J. St. Antoine and Michael C. Harper,” Indiana Law Journal 76 (2001): 135–42.Google Scholar
MacMillan, Douglas, “Uber Agrees to Work with a Guild for Its Drivers in New York City,” Wall Street Journal, May 10, 2016.Google Scholar
MacMillan, Douglas, “Uber Drivers Suit Granted Class-Action Status,” Wall Street Journal, September 1, 2015.Google Scholar
Maher, Kris and Merrick, Amy, “Ohio Vote Puts Curbs on Unions in Reach,” Wall Street Journal, March 3, 2011.Google Scholar
Mahoney, Tara and Drutchas, Allison, “Could Your Employee Participation Program Be Illegal? Two Laws You Should Know,” Society of Human Resource Management, June 9, 2016.Google Scholar
Malamud, Deborah C., “The Last Minuet: Disparate Treatment after Hicks,” Michigan Law Review 93 (1995): 2229–324.Google Scholar
Malin, Martin H., “The Canadian Auto Workers-Magna International, Inc. Framework of Fairness Agreement: A U.S. Perspective,” St. Louis University Law Journal 54 (2010): 525–64.Google Scholar
Maltby, Lewis L. and Yamada, David C., “Beyond ‘Economic Realities’: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors,” Boston College Law Review 38 (1997): 239–74.Google Scholar
Malveaux, Suzette M., “How Goliath Won: The Future Implications of Dukes v. Wal-Mart,” Northwestern University Law Review Colloquy 106 (2011): 34–52.Google Scholar
Malveaux, Suzette M., “The Jury (or More Accurately the Judge) Is Still Out for Civil Rights and Employment Cases Post-Iqbal,” New York Law School Law Review 57 (2012–13): 719–746, https://scholar.law.colorado.edu/articles/994.Google Scholar
Manjoo, Farhad, “Grocery Deliveries in Sharing Economy,” New York Times, May 21, 2014.Google Scholar
Marculewicz, Stefan J. and Thomas, Jennifer, “Labor Organizations by Another Name: The Worker Center Movement and Its Evolution into Coverage under the NLRA and LMRDA,” Engage, October 2012, 79–98.Google Scholar
Matwyshyn, Andrea M., “Silicon Ceilings: Information Technology Equity, the Digital Divide and the Gender Gap among Information Technology Professionals,” Northwestern Journal of Technology and Intellectual Property 2 (2003): 35–75.Google Scholar
McCabe, David, “Labor, Tech Unite Behind Push for ‘On Demand’ Worker Rights,” Hill, November 15, 2015.Google Scholar
McGinley, Ann C., “Credulous Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII and ADEA Cases,” Boston College Law Review 34 (1993): 203–56.Google Scholar
McGinty, Tom and Mullins, Brody, “Political Spending by Unions Far Exceeds Direct Donations,” Wall Street Journal, July 10, 2012.Google Scholar
McMahan, Sterling A., “Moving to Dismiss: Ridesharing and Assaults, and the Emerging Legal Frontier,” Trial Advocate Quarterly (Spring 2018): 11–14.Google Scholar
Means, Benjamin and Seiner, Joseph A., “Navigating the Uber Economy,” University of California at Davis Law Review 49 (2016): 1511–46.Google Scholar
Memorandum from Colton Tully-Doyle, former Uber Driver, to author (July 30, 2015) (on file with author).Google Scholar
Memorandum from Joe Cecil & George Cort, Research Div., Fed. Judicial Ctr., to Judge Michael Baylson, Advisory Comm. on Civil Rules 4 (August 13, 2008) (on file with author).Google Scholar
Miano, Gabe, “How Freelancers Can Thrive in 2015’s Gig Economy,” Forbes, November 18, 2014.Google Scholar
Miller, Arthur R., “From Conley to Twombly to Iqbal: A Double Play on the Federal Rules of Civil Procedure,” Duke Law Journal 60 (2010): 1–130.Google Scholar
Miller, Arthur R., “The Preservation and Rejuvenation of Aggregate Litigation: A Systemic Imperative,” Emory Law Journal 64 (2014): 293–328.Google Scholar
Miller, Claire Cain, “Sexual Harassment Training Doesn’t Work. But Some Things Do,” New York Times, December 11, 2017.Google Scholar
Miller, Kevin J., “Welfare and the Minimum Wage: Are Workfare Participants ‘Employees’ under the Fair Labor Standards Act?,” University of Chicago Law Review 66 (1999): 183–212.Google Scholar
“Misclassification of Employees as Independent Contractors,” U.S. Department of Labor, www.dol.gov/whd/workers/misclassification/.Google Scholar
Mishel, Lawrence, “Unions, Inequality, and Faltering Middle-Class Wages,” Economic Policy Institution, August 29, 2012.Google Scholar
Mishel, Lawrence et al., “Wage Stagnation in Nine Charts,” Economic Policy Institution, January 2015.Google Scholar
Moore, James Wm. et al., Moore’s Federal Practice, § 23.02, vol. 5, 3rd ed. (New York: Matthew Bender, 1998).Google Scholar
Moore, Patricia A., “Parting Is Such Sweet Sorrow: The Application of Title VII to Post-Employment Retaliation,” Fordham Law Review 62 (1993): 205–24.Google Scholar
Morpurgo, Julia, “Should Class Be Dismissed? The Advantages of a One-Step Class Certification Process in Unpaid Intern FLSA Lawsuits,” Cardozo Law Review 36 (2014): 765–804.Google Scholar
Moskowitz, Seymour, “Save the Children: The Legal Abandonment of American Youth in the Workplace,” Akron Law Review 43 (2010): 107–62.Google Scholar
Mosley, Deanne M. and Walter, William C., “The Significance of the Classification of Employment Relationships in Determining Exposure to Liability,” Mississippi Law Journal 67 (1998): 613–44.Google Scholar
Mullenix, Linda S., “Ending Class Actions as We Know Them: Rethinking the American Class Action,” Emory Law Journal 64 (2014): 399–450.Google Scholar
“My Employer Says I Am an Independent Contractor. What Does This Mean?,” Communications Workers of America, www.cwa-union.org/about/rights-on-job/legal-toolkit/my-employer-says-i-am-independent-contractor-what-does-mean.Google Scholar
Naduris-Weissman, Eli, “The Worker Center Movement and Traditional Labor Law: A Contextual Analysis,” Berkeley Journal of Employment and Labor Law 30 (2009): 232–335.Google Scholar
Neumark, David, “Sex Discrimination in Restaurant Hiring: An Audit Study,” Quarterly Journal of Economics 111 (1996): 915–41.CrossRefGoogle Scholar
Newcomb, Alyssa, “#MeToo: Sexual Harassment Rallying Cry Hits Silicon Valley,” NBC News, October 23, 2017.Google Scholar
Newcomb, Alyssa, “Silicon Valley Grapples with How to Fix a Sexist Culture,” NBC News, July 26, 2017.Google Scholar
Niño, Nathalie Molina, “#decencypledge Needs Outcomes Not Optics,” LinkedIn, June 24, 2017.Google Scholar
Nonnecke, Brandie M., “Opinion: Fight Sexual Harassment in Technology Companies with – Technology,” Mercury News (San Jose, CA), December 13, 2017.Google Scholar
O’Brien, Sara Ashley, “The Uber Effect: Instacart Shifts Away from Contract Workers,” CNN Money, June 22, 2015.Google Scholar
O’Brien, Sara and Segall, Laurie, “Money, Power & Sexual Harassment,” CNN Tech, money.cnn.com/technology/sexual-harassment-tech/.Google Scholar
O’Brien, Sarah Ashley et al., “CNN Investigation: 103 Uber Drivers Accused of Sexual Assault or Abuse,” CNN Tech, April 30, 2018.Google Scholar
O’Conner, Clare, “Billion-Dollar Bumble: How Whitney Wolfe Herd Built America’s Fastest-Growing Dating App,” Forbes, November 14, 2017.Google Scholar
O’Connor, Lydia, “Yelp Reviewers File Class-Action Lawsuit Claiming They Are Unpaid Writers,” Huffington Post, October 31, 2013.Google Scholar
Occhialino, Anne Noel and Vail, Daniel, “Why the EEOC (Still) Matters,” Hofstra Labor and Employment Law Journal 22 (2005): 671–708.Google Scholar
Ohanesian, Nicholas M., “Does ‘Why’ or ‘What’ Matter: Should Section 302 Apply to Card Check Neutrality Agreements?,” University of Memphis Law Review 45 (2014): 249–80.Google Scholar
Opfer, Chris, “Gig Worker Organizers Find Hurdle in Antitrust Laws” (Antitrust and Trade Regulation Report, BNA No. 110, November 25, 2016).Google Scholar
Opfer, Chris and Han, Jasmine Ye, “Worker Centers May Get Closer Look under Trump” (Daily Labor Report, BNA No. 30, February 15, 2017).Google Scholar
Oreskovic, Johanna, “Capturing Volition Itself: Employee Involvement and the TEAM Act,” Berkeley Journal of Employment and Labor Law 19 (1998): 229–95.Google Scholar
Oswalt, Michael M., “Improvisational Unionism,” California Law Review 104 (2016): 597–670.Google Scholar
Overly, Steven, “Uber Hires Eric Holder to Investigate Sexual Harassment Claims,” Washington Post, February 21, 2017.Google Scholar
“Packing Expert,” Shyp, jobs.lever.co/shyp/ea0c0a39–7a0e-4b79–9540-6920c89d8cd2.Google Scholar
Pager, Devah, “The Use of Field Experiments for Studies of Employment Discrimination: Contributions, Critiques, and Directions for the Future,” Annals of the American Academy of Political and Social Science (January 2007): 104–33.Google Scholar
Pare, Mike, “Labor Groups Support New VW Policy as Volkswagen Opens Way for Talks, Meetings with UAW and ACE,” Times Free Press (TN), November 13, 2014.Google Scholar
Parker, Kim and Funk, Cary, “Women Are More Concerned Than Men about Gender Discrimination in the Tech Industry,” Pew Research Center, October 10, 2017.Google Scholar
Patrick, Dorrian, “Gig Workers and Job-Related Bias: Are Protections on the Way?,” (Daily Labor Report, BNA No. 243, December 19, 2016).Google Scholar
Paul, Sanjukta M., “The Enduring Ambiguities of Antitrust Liability for Worker Collective Action,” Loyola University of Chicago Law Journal 47 (2016): 969–1048.Google Scholar
Pawlenko, Kye D., “Reevaluating Inter-Union Competition: A Proposal to Resurrect Rival Unionism,” University of Pennsylvania Journal of Labor and Employment Law 8 (2006): 651–706.Google Scholar
PearceII, John A. and Jonathan, P. Silva, “The Future of Independent Contractors and Their Status as Non-Employees: Moving on From a Common Law Standard,” Hastings Business Law Journal 14 (2018): 1–36.Google Scholar
Perry, Robin, “Proving the Existence of an Employment Relationship,” American Jurisprudence Proof of Facts, 3rd Series (1993).Google Scholar
Phillip, Abby, “Read the Most Surprising Allegations from the Tinder Sexual Harassment Lawsuit,” Washington Post, July 1, 2014.Google Scholar
Picchi, Aimee, “One Startup Reconsiders the Merits of the ‘Gig Economy’,” CBS Moneywatch, June 23, 2015.Google Scholar
“Platform Overview,” figure eight, www.figure-eight.com/platform/ (formerly Crowdflower).Google Scholar
Plouffe, David, “David Plouffe Remarks on Creation of Independent Drivers Guild,” Uber, May 10, 2016.Google Scholar
Poletti, Therese, “Uber Drivers’ Class-Action Lawsuit Endangers Much More than Uber,” Marketwatch, September 1, 2015.Google Scholar
Polivka, Anne E., “A Profile of Contingent Workers,” Monthly Labor Review (October 1996): 10–21.Google Scholar
“Positions at Instacart,” Instacart, www.instacart.com/shoppers.Google Scholar
Press Release, U.S. Department of Labor, Bureau of Labor Statistics, Employer Costs for Employee Compensation – September 2015 (December 9, 2015).Google Scholar
Press Release, Volkswagen, Volkswagen Chattanooga Establishes Community Organization Engagement Policy (November 12, 2014), www.media.vw.com/en-us/releases/396.Google Scholar
Primack, Dan, “Top of the Morning,” Axios Pro Rata, www.axios.com/newsletters/axios-pro-rata-30ed724c-d7e7-4b55-9d69-40752b60aa2e.html.Google Scholar
Przeworski, Adam, Capitalism and Social Democracy (Cambridge: Cambridge University Press, 1985).Google Scholar
Pullen, John Patrick, “Everything You Need to Know About Uber,” Time, November 4, 2014.Google Scholar
“Q&A: Robots, Uber and the Role of Government,” Financial Times, June 25, 2015.Google Scholar
Quigly, Fran, If We Can Win Here: The New Front Lines of the Labor Movement (Ithaca, NY: Cornell University Press, 2015).Google Scholar
Quraishi, Asifa, “From a Gasp to a Gamble: A Proposed Test for Unconscionability,” University of California at Davis Law Review 25 (1991): 187–228.Google Scholar
Rabinowitz, Randy S. and Hager, Mark M., “Designing Health and Safety: Workplace Hazard Regulation in the United States and Canada,” Cornell International Law Journal 33 (2000): 373–434.Google Scholar
Ramsey, Mike, “UAW Files Unfair Labor Practice Charge against VW for Not Bargaining,” Wall Street Journal, December 22, 2015.Google Scholar
Ramsey, Mike, “UAW Wins Vote at VW Chattanooga Plant as Some Workers Vote to Unionize,” Wall Street Journal, December 7, 2015.Google Scholar
Randazzo, Matthew, “Students Shouldn’t Live in STEM Deserts,” U.S. News & World Report, May 10, 2017.Google Scholar
Redish, Martin H. and Kastanek, Andrianna D., “Settlement Class Actions, the Case-or-Controversy Requirement and the Nature of the Adjudicatory Process,” University of Chicago Law Review 73 (2006): 545–616.Google Scholar
Redmond, Sean P., “Supreme Court Considers NLRA Case (“Mulhall Case”),” U.S. Chamber of Commerce, January 18, 2013.Google Scholar
Reinicke, Carmen, “These Are the Soft Skills Tech Employers Are Most Looking for in New Hires,” CNBC, November 5, 2018.Google Scholar
Report on the Economic Well-Being of U.S. Households in 2017 (Washington, DC: Board of Governors of the Federal Reserve System, 2018).Google Scholar
Reuters, “Auto Union Urges Volkswagen to Accept Labor Board Ruling on Chattanooga Plant,” Fortune, September 1, 2016.Google Scholar
Reuters, “Judge Expands Driver Class-Action Lawsuit against Uber,” New York Post, December 9, 2015.Google Scholar
Reuters, “Volkswagen Is Challenging UAW’s·Union Strategy,” Fortune, September 26, 2016.Google Scholar
Richards, J. Douglas and Brown, Benjamin D., “Predominance of Common Questions – Common Mistakes in Applying the Class Action Standard,” Rutgers Law Journal 41 (2009): 163–86.Google Scholar
Risen, Tom, “Hillary Clinton Boosts Workers, Blasts Uber,” U.S. News and World Report, July 13, 2015.Google Scholar
Roache, Maggie, “Online Platforms Hope to Tackle Sexual Harassment in the Tech Industry,” Peninsula Press (Stanford, CA), June 17, 2018.Google Scholar
Rogers, Brishen, “Libertarian Corporatism Is Not an Oxymoron,” Texas Law Review 94 ( 2016 ): 1623–46.Google Scholar
Rogers, Brishen, “The Social Costs of Uber,” University of Chicago Law Review Dialogue 82 (2015): 85–102.Google Scholar
Rogers, Kate, “What the Uber, Lyft Lawsuits Mean for the US Economy,” CNBC, March 16, 2015.Google Scholar
Romberg, Jon, “Half a Loaf Is Predominant and Superior to None: Class Certification of Particular Issues under Rule 23(c)(4)(A),” Utah Law Review (2002): 249–334.Google Scholar
Rosenberg, Janet et al., “Now that We Are Here: Discrimination, Disparagement, and Harassment at Work and the Experience of Women Lawyers,” Gender and Society 7 (1993): 415–33.Google Scholar
Rosenblatt, Joel, “Ex-Twitter Engineer Seeks to Show Women Can Climb Only So High,” Bloomberg, October 23, 2017.Google Scholar
Rosenblatt, Joel, “Uber’s $100 Million Driver Pay Settlement Rejected by Judge,” Bloomberg, August 18, 2016.Google Scholar
Rosenblatt, Joel and MacLean, Pamela, “Uber Judge Taps Brakes on California Drivers’ Suit Outcome,” Bloomberg, December 22, 2015.Google Scholar
Rosenfeld, David, “Worker Centers: Emerging Labor Organizations – Until They Confront the National Labor Relations Act,” Berkeley Journal of Employment and Labor Law 27 (2006): 469–514.Google Scholar
Rosenthal, Lawrence D., “Motions for Summary Judgment When Employers Offer Multiple Justifications for Adverse Employment Actions: Why the Exceptions Should Swallow the Rule,” Utah Law Review (2002): 335–80.Google Scholar
Rubenstein, William B., Newberg on Class Actions, § 1:9, vol. 1, 5th ed. (Eagan, MN: West, 2011).Google Scholar
Sachs, Benjamin, “Minority Unionism (Sort of) Comes to VW Chattanooga,” Onlabor, November 12, 2014.Google Scholar
Sahadi, Jeanne, “How Companies Are Changing Old Ways to Attract Young Workers,” CNN Money, July 23, 2015.Google Scholar
Sahadi, Jeanne, “When an Independent Contractor Is Really an Employee,” CNN, July 16, 2015.Google Scholar
Schawbel, Dan, “How Technology Created a Lonely Workplace,” MarketWatch, December 2, 2018.Google Scholar
Scheiber, Noam, “As Freelancers’ Ranks Grow, New York Moves to See They Get What They’re Due,” New York Times, October 27, 2016.Google Scholar
Scheiber, Noam, “Growth in the ‘Gig Economy’ Fuels Work Force Anxieties,” New York Times, July 12, 2015.Google Scholar
Scheiber, Noam and Isaac, Mike, “Uber Recognizes New York Drivers’ Group, Short of a Union,” New York Times, May l0, 2016.Google Scholar
Scheindlin, Shira A. and Elofson, John, “Judges, Juries, and Sexual Harassment,” Yale Law and Policy Review 17 (1999): 813–52.Google Scholar
Schmidt, Ronald A., “The Plaintiffs Burden in Title VII Disparate Treatment Cases: Discrimination Vel Non – St. Mary’s Honor Center v. Hicks, 113 S. Ct. 2742 (1993),” Nebraska Law Review 73 (1993): 953–96.Google Scholar
Schneider, Elizabeth M., “The Changing Shape of Federal Civil Pretrial Practice: The Disparate Impact on Civil Rights and Employment Discrimination Cases,” University of Pennsylvania Law Review 158 (2010): 517–70.Google Scholar
Schuck, Peter H., “Legal Complexity: Some Causes, Consequences, and Cures,” Duke Law Journal 42 (1992): 1–52.Google Scholar
Schultz, Vicki, “Open Statement on Sexual Harassment from Employment Discrimination Law Scholars,” Stanford Law Review Online 71 (2018): 17–48.Google Scholar
Schwab, Stewart J., “Life-Cycle Justice: Accommodating Just Cause and Employment at Will,” Michigan Law Review 92 (1993): 8–62.Google Scholar
Schwochau, Susan, “The Labor Exemptions to Antitrust Law: An Overview,” Journal of Labor Research 21 (2000): 535–55.Google Scholar
Secunda, Paul M., “The Wagner Model of Labor Law Is Dead – Long Live Labor Law,” Queen’s Law Journal 38 (2013): 580–86.Google Scholar
Secunda, Paul M. et al., Mastering Labor Law (Durham, NC: Carolina Academic Press, 2014).Google Scholar
Segall, Laurie, “Startup Offers Anonymous Harassment Reporting Tool,” CNN Money, November 16, 2017.Google Scholar
Seiner, Joseph A., “Commonality and the Constitution: A Framework for Federal and State Court Class Actions,” Indiana Law Journal 91 (2016): 455–92.Google Scholar
Seiner, Joseph A., “The Discrimination Presumption,” Notre Dame Law Review 94 (2019): 1115–60.Google Scholar
Seiner, Joseph A., “Disentangling Disparate Impact and Disparate Treatment: Adapting the Canadian Approach,” Yale Law and Policy Review 25 (2006): 95–142.Google Scholar
Seiner, Joseph A., “Harassment, Technology, and the Modern Worker,” Employee Rights and Employment Policy Journal 23 (2019): 85–114.Google Scholar
Seiner, Joseph A., “Platform Pleading: Analyzing Employment Disputes in the Technology Sector,” Washington Law Review 94 (2019): 1947–86.Google Scholar
Seiner, Joseph A., “Plausibility and Disparate Impact,” Hastings Law Journal 64 (2012): 287–324.Google Scholar
Seiner, Joseph A., “Plausibility beyond the Complaint,” William & Mary Law Review 53 (2012): 987–1038.Google Scholar
Seiner, Joseph A., “Pleading Disability,” Boston College Law Review 51 (2010): 95–150.Google Scholar
Seiner, Joseph A., “Punitive Damages, Due Process, and Employment Discrimination,” Iowa Law Review 97 (2012): 473–520.Google Scholar
Seiner, Joseph A., The Supreme Court’s New Workplace (New York: Cambridge University Press, 2017)Google Scholar
Seiner, Joseph A., “Tailoring Class Actions to the On-Demand Economy,” Ohio State Law Journal 78 (2017): 21–72.Google Scholar
Seiner, Joseph A., “The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases,” University of Illinois Law Review 2009 (2009): 1011–60.Google Scholar
Seiner, Joseph A., “Understanding the Unrest of France’s Younger Workers: The Price of American Ambivalence,” Arizona State Law Journal 38 (2006): 1053–110.Google Scholar
Selyukh, Alina, “Uber Surge Price? Research Says Walk a Few Blocks, Wait a Few Minutes,” NPR, October 29, 2015.Google Scholar
Sewell, Abby, “Protesters Out in Force Nationwide to Oppose Wisconsin’s Anti-Union Bill,” Los Angeles Times, February 26, 2011.Google Scholar
Sharkey, Catherine M., “The Future of Classwide Punitive Damages,” University of Michigan Journal of Law Reform 46 (2013): 1127–50.Google Scholar
Shreve, Gene R. and Raven-Hansen, Peter, Understanding Civil Procedure, 4th ed. (New York: LexisNexis, 2009).Google Scholar
Siegel, Stephen A., “Lochner Era Jurisprudence and the American Constitutional Tradition,” North Carolina Law Review 70 ( 1991 ): 1–112.Google Scholar
Silk, Stephanie S., “More Decentralization, Less Liability: The Future of Systemic Disparate Treatment Claims in the Wake of Wal-Mart v. Dukes,” University of Miami Law Review 67 (2013): 637–60.Google Scholar
Smith, Ben, “Uber Executive Suggests Digging Up Dirt on Journalists,” Buzzfeed, November 17, 2017.Google Scholar
Smith, Brendan L., “What It Really Takes to Stop Sexual Harassment,” Monitor on Psychology 49 (February 2018): 36–51.Google Scholar
Smith, Douglas G., “The Twombly Revolution?,” Pepperdine Law Review 36 (2009): 1063–100.Google Scholar
Smith, Jenna C., “‘Carving at the Joints’: Using Issue Classes to Reframe Consumer Class Actions,” Washington Law Review 88 (2013): 1187–226.Google Scholar
Solomon, Brian, “America’s Most Promising Company: Instacart, the $2 Billion Grocery Delivery App,” Forbes, January 21, 2015.Google Scholar
Solomon, Brian, “Washio, the On-Demand Laundry Startup, Washes Out,” Forbes, August 30, 2016.Google Scholar
Solomon, Lewis D., “The Microelectronics Revolution, Job Displacement, and the Future of Work: A Policy Commentary,” Chicago-Kent Law Review 63 (1987): 65–96.Google Scholar
Soper, Taylor, “Seattle Councilmember Who Created Uber Union Law: ‘We Can Be Pro-Innovation, but also Pro-Worker’,” GeekWire, December 17, 2015.Google Scholar
Spencer, A. Benjamin, “Class Actions, Heightened Commonality, and Declining Access to Justice,” Boston University Law Review 93 (2013): 441–92.Google Scholar
Spencer, A. Benjamin, “Iqbal and the Slide toward Restrictive Procedure,” Lewis and Clark Law Review 14 (2010): 185–202.Google Scholar
Spencer, A. Benjamin, “Plausibility Pleading,” Boston College Law Review 49 (2008): 431–94.Google Scholar
Spencer, A. Benjamin, “Pleading Civil Rights Claims in the Post-Conley Era,” Howard Law Journal 52 (2008): 99–166.Google Scholar
Spencer, A. Benjamin, “Understanding Pleading Doctrine,” Michigan Law Review 108 (2009): 1–36.Google Scholar
St. Antoine, Theodore J., “Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful,” Case Western Reserve Law Review 60 (2010): 629–44.Google Scholar
Stancil, Paul, “Balancing the Pleading Equation,” Baylor Law Review 61 (2009): 90–173.Google Scholar
Stangler, Cole, “Why the Uber, Lyft Driver Union Push Could Disrupt the Gig Economy,” International Business Times, December 18, 2015.Google Scholar
State Minimum Wages: 2016 Minimum Wage by State (Washington, DC: National Conference of State Legislatures, 2016).Google Scholar
Steinberger, Ben Z., “Redefining Employee in the Gig Economy: Shielding Workers from the Uber Model,” Fordham Journal of Corporate and Financial Law 23 (2018): 577–96.Google Scholar
Steinmetz, Katy, “Exclusive: See How Big the Gig Economy Really Is,” Time, January 6, 2016.Google Scholar
Steinmetz, Katy, “Homejoy, Postmates, and Try Caviar Sued over Labor Practices,” Time, March 19, 2015.Google Scholar
Steinmetz, Katy, “Judge Lets Drivers’ Class Action Lawsuit against Uber Go Forward,” Time, September 1, 2015.Google Scholar
Stemler, Abbey, “The Myth of the Sharing Economy and Its Implications for Regulating Innovation,” Emory Law Journal 67 (2017): 197–242.Google Scholar
Stewart, Richard B., “The Discontents of Legalism: Interest Group Relations in Administrative Regulation,” Wisconsin Law Review (1985): 655–86.Google Scholar
Stokowski, Laura A., “Nurses Are Talking About: Working the Night Shift,” Medscape, January 11, 2013.Google Scholar
Stone, Katherine V. W., “Legal Protections for Atypical Employees: Employment Law for Workers without Workplaces and Employees without Employers,” Berkeley Journal of Employment and Labor Law 27 (2006): 251–86.Google Scholar
Stone, Katherine V. W., From Widgets to Digits: Employment Regulation for the Changing Workplace (New York: Cambridge University Press, 2004).Google Scholar
Suk, Julie C., “Procedural Path Dependence: Discrimination and the Civil–Criminal Divide,” Washington University Law Review 85 (2008): 1315–72.Google Scholar
Sullivan, Charles A., “Circling Back to the Obvious: The Convergence of Traditional and Reverse Discrimination in Title VII Proof,” William and Mary Law Review 46 (2004): 1031–136.Google Scholar
Sullivan, Charles A., “Plausibly Pleading Employment Discrimination,” William and Mary Law Review 52 (2011): 1613–78.Google Scholar
Summers, Clyde W., “Employee Voice and Employer Choice: A Structured Exception to Section 8(a)(2),” Chicago-Kent Law Review 69 (1993): 129–48.Google Scholar
Sundararajan, Arun, “The ‘Gig Economy’ Is Coming. What Will It Mean for Work?,” Guardian, July 25, 2015.Google Scholar
Sussman, Edna and Wilkinson, John, “Benefits of Arbitration for Commercial Disputes,” Dispute Resolution Magazine, March 2012.Google Scholar
Tarantolo, Danielle, “From Employment to Contract: Section 1981 and Antidiscrimination Law for the Independent Contractor Workforce,” Yale Law Journal 116 (2006): 170–216.Google Scholar
Tavernise, Sabrina, “Ohio Turns Back a Law Limiting Unions’ Rights,” New York Times, November 9, 2011.Google Scholar
Tellerman, Shanna, “Recruiting and Retaining Female Tech Talent Is a Challenge – Here’s How We Did It,” Entrepreneur, February 22, 2018.Google Scholar
The New Model of Representation: An Overview of Leading Worker Centers (Washington, DC: U.S. Chamber of Commerce, 2014).Google Scholar
“There’s an App for That,” Economist, December 30, 2014.Google Scholar
“This Map Shows Which Cities Have the Highest Minimum Wages,” Time, May 21, 2015.Google Scholar
Thomas, Suja A., “The New Summary Judgment Motion: The Motion to Dismiss under Iqbal and Twombly,” Lewis and Clark Law Review 14 (2010): 15–42.Google Scholar
Thomas, Suja A., “Why the Motion to Dismiss Is Now Unconstitutional,” Minnesota Law Review 92 (2008): 1851–90.Google Scholar
Thompson, Matt, “The Class-Action Lawsuit against Uber Is a Case to Watch,” Atlantic, September 7, 2015.Google Scholar
Thoreau, Henry D., Walden, ed. Shanley, J. Lyndon (Princeton, NJ: Princeton University Press, 1971 [1854]).Google Scholar
Tice, Saritha Komatireddy, “Recent Development: A ‘Plausible’ Explanation of Pleading Standards: Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007),” Harvard Journal of Law and Public Policy 31 (2008): 827–40.Google Scholar
Ticona, Julia and Mateescu, Alexandra, “How Domestic Workers Wager Safety in the Platform Economy,” Fast Company, March 29, 2018.Google Scholar
Tom, Jean, “Is a Newscarrier an Employee or an Independent Contractor? Deterring Abuse of the ‘Independent Contractor’ Label via State Tort Claims,” Yale Law and Policy Review 19 (2001): 489–514.Google Scholar
Torpey, Elka and Hogan, Andrew, “Working in a Gig Economy,” Bureau of Labor Statistics, May 2016.Google Scholar
Torres, Roselinde, “The Rise of the Not-So-Experienced CEO,” Harvard Business Review, December 26, 2014.Google Scholar
“Trade Union Density,” OECD, 2017.Google Scholar
Troy, Leo and Sheflin, Neil, U.S. Union Sourcebook: Membership, Finances, Structure, Directory (West Orange, NJ: Industrial Relations Data and Information Services, 1985).Google Scholar
“U.S. Equal Employment Opportunity Comm’n, Charge Statistics,” EEOC, www.eeoc.gov/.Google Scholar
“U.S. Equal Employment Opportunity Comm’n, Title VII of the Civil Rights Act of 1964 Charges,” EEOC, www.eeoc.gov/eeodstatistics/enforcement/titlevii.cfm.Google Scholar
U.S. Government Accountability Office, Employee Misclassification: Improved Outreach Could Help Ensure Proper Worker Classification (Washington, DC: GAO-07-859T, 2007).Google Scholar
“Uber Cities,” Uber, www.uber.com/cities/.Google Scholar
“Uber Drivers,” Uber Law Suit, www.uberlawsuit.com.Google Scholar
“Uber Moves: Columbia, SC,” Uber, www.uber.com/cities/columbia.Google Scholar
“The Unicorn List,” Fortune, January 19, 2016.Google Scholar
Vora, Shivani, “Airbnb Sued by Guest Who Says a Host Sexually Assaulted Her,” New York Times, August 2, 2017.Google Scholar
Wachter, Michael L., “Labor Unions: A Corporatist Institution in a Competitive World,” University of Pennsylvania Law Review 155 (2007): 581–634.Google Scholar
Wachter, Michael L., “The Striking Success of the National Labor Relations Act,” in Research Handbook on the Economics of Labor and Employment Law, ed. Estlund, Cynthia L. and Wachter, Michael L. (Cheltenham: Edward Elgar, 2012).Google Scholar
Wakabayashi, Daisuke, “Uber Eliminates Forced Arbitration for Sexual Misconduct Claims,” New York Times, May 15, 2018.Google Scholar
Wakabayashi, Daisuke and Silver-Greenberg, Jessica, “Facebook to Drop Forced Arbitration in Harassment Cases,” New York Times, November 9, 2018.Google Scholar
Wakabayashi, Daisuke et al., “Google Walkout: Employees Stage Protest over Handling of Sexual Harassment,” New York Times, November 1, 2018.Google Scholar
Ward, Ettie, “The After-Shocks of Twombly: Will We ‘Notice’ Pleading Changes?,” St. John’s Law Review 82 (2008): 893–920.Google Scholar
Ward, Stephanie Francis, “Judge Rejects Uber’s Independent-Contractor Argument in Sexual Assault Tort Claim,” ABA Journal, May 6, 2016.Google Scholar
Warner, Mark R, “Asking Tough Questions About the Gig Economy,” Washington Post, June 18, 2015.Google Scholar
Watchman, Gregory R., “Safe and Sound: The Case for Safety and Health Committees under OSHA and the NLRA,” Cornell Journal of Law and Public Policy 4 (1994): 65–126.Google Scholar
Weber, Lauren, “New Data Spotlights Changes in the U.S. Workforce,” Wall Street Journal, May 28, 2015.Google Scholar
Weil, David, Administrator’s Interpretation No. 2015-1. The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors (Washington, DC: U.S. Department of Labor, 2015).Google Scholar
Weiler, Paul C., “A Principled Reshaping of Labor Law for the Twenty-First Century,” University of Pennsylvania Journal of Labor and Employment Law 3 (2001): 177–206.Google Scholar
Weisul, Kimberly, “Yes, Sexual Harassment in Tech Is Really That Bad, 78 Percent of Female Founders Say,” Inc., December 6, 2017.Google Scholar
“What Is Instacart?,” Instacart, www.instacart.com/help/section/200758544#204426950.Google Scholar
“Where to Drive: Houston,” Uber, www.driveuberhouston.com/peakhours/.Google Scholar
White, Gillian, “When Will Labor Laws Catch up with the Gig Economy?,” Atlantic, December 9, 2015.Google Scholar
Whitney, Heather M., “Rethinking the Ban on Employer-Labor Organization,” Cardozo Law Review 37 (2016): 1455–522.Google Scholar
Wickre, Karen, “Corporate Boards Are Complicit in Sexual Harassment,” Wired, December 6, 2017.Google Scholar
Willborn, Steven L. et al., Employment Law: Cases and Materials, 5th ed. (New Providence, NJ: LexisNexis, 2012)Google Scholar
WilliamsIII, Frank V., “Reinventing the Courts: The Frontiers of Judicial Activism in the State Courts,” Campbell Law Review 29 (2007): 591–736.Google Scholar
Williams, Joan C., “The Five Biases Pushing Women out of STEM,” Harvard Business Review, March 24, 2015.Google Scholar
Wilson, Reid, “Seattle Becomes First City to Cap Uber, Lyft Vehicles,” Washington Post, March 18, 2014.Google Scholar
Winning, Lisa, “It’s Time to Prioritize Diversity across Tech,” Forbes, March 13, 2018.Google Scholar
Wistner, Alison, “The VC World Is Still a Boy’s Club – Here’s How to Change That,” Entrepreneur, October 26, 2018.Google Scholar
Wood, Robert W., “FedEx Settles Independent Contractor Mislabeling Case for $228 Million,” Forbes, June 16, 2015.Google Scholar
Worstall, Tim, “Uber Reduces Capital Concentration and Increases the Number of Capitalists,” Forbes, August 2, 2015.Google Scholar
Wright, Charles Alan et al., Federal Practice and Procedure, § 1790, vol. 7AA, 3rd ed. (St. Paul, MN: Thomson West, 2005).Google Scholar
Wuolo, Gabrielle, “New Tool Lets Freelancers Rate Clients and Companies,” FreelancersUnion, May 31, 2011.Google Scholar
Wyman, Katrina Miriam, “Problematic Private Property: The Case of New York Taxicab Medallions,” Yale Journal on Regulation 30 (2013): 125–88.Google Scholar
Yelnosky, Michael J., “Salvaging the Opportunity: A Response to Professor Clark,” University of Michigan Journal of Law Reform 28 (1994): 151–96.Google Scholar
Young, Mary Beth, “Learning to Discern Rather Than Judge,” National Catholic Report, March 11, 2005.Google Scholar
Zaleski, Katharine, “The Maddeningly Simple Way Tech Companies Can Employ More Women,” New York Times, August 15, 2017.Google Scholar