Who is an Employee and Who is the Employer?: Proceedings of the New York University 68th Annual Conference on Labor

by Aos One, Samuel Estreicher

Overview

The 68th Edition is the culmination of efforts by top government officials and leading attorneys in the fields of labor and employment law who participated and presented papers and law essays at New York University Law School's Annual Conference on Labor on June 5-6, 2015.

Who is an Employee and Who is the Employer? -- this question has always been crucial to the understanding of labor and employment law. However, new dynamics in the global economy, business relationships, agency enforcement initiatives, and high-profile litigation have created intense debates. This volume includes 29 chapters which are arranged in nine parts. Parts One to Four explore the meaning of "employee" in different contexts. Parts Five to Seven discuss the scope of a business's legal responsibilities to workers who contribute labor to its products and/or services. Part Eight provides an international viewpoint. Part Nine addresses the scope of the employment relationship as it intersects with new forms of worker organizing.

Product Details

ISBN-13:	9781522114567
Publisher:	LexisNexis
Publication date:	01/06/2017
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

Table of Contents

Editor's Introduction
Kati L. Griffith

PART ONE. EMPLOYEES VS. INDEPENDENT CONTRACTORS
Chapter One
Strategic Enforcement in the Fissured Workplace
David Weil

Chapter Two
The Application of the Fair Labor Standards Act's "Suffer or Permit" Standard in the Identification of Employees Who Are Misclassified as Independent Contractors U.S. Dep't of Labor, Administrator's Interpretation No. 2015-1 (July 15, 2015)

Chapter Three
The Restatement of Employment Law's "Independent Business Person-Entrepreneurial Control" Test for Employee Status
Michael C. Harper

Chapter Four
Independent Contractors, Very Small Employers, and the NYC Human Rights Law
Mark Risk

PART TWO. THE ON-DEMAND WORKFORCE AND THE SHARING ECONOMY
Chapter Five
A Proposal for Modernizing Labor Laws for Twenty-First Century Work: The "Independent Worker"
Seth D. Harris and Alan B. Krueger

Chapter Six
Uber Business Model Does Not Justify a New "Independent Worker" Category
Lawrence Mishel and Ross Eisenbrey

Chapter Seven
Local Regulation of the Sharing Economy
Daniel E. Rauch and David Schleicher

Chapter Eight
The Expanding Transportation Network Company Equity Gap
Matthew W. Daus

PART THREE. STUDENTS AND INTERNS AS EMPLOYEES?
Chapter Nine
When Do College Athletes Become University Employees? The Case of Division IA College Football
Anne Marie Lofaso

Chapter Ten
Do We Have to Pay This Intern? It Depends.
Alan B. Morrison

PART FOUR. OFF-DUTY EMPLOYEES
Chapter Eleven
The Tri-County Rule, before and after Noel Canning
Kent Y. Hirozawa

PART FIVE. JOINT EMPLOYERS UNDER LABOR LAW
Chapter Twelve
Developments at the National Labor Relations Board
Richard F. Griffin, Jr.

Chapter Thirteen
The Restated Joint-Employer Test as Articulated by the National Labor Relations Board
Marshall B. Babson and Gena B. Usenheimer

Chapter Fourteen
The Common-Law Approach for Determining Joint-Employer Status in Collective Bargaining
William Anspach and Jae W. Chun

Chapter Fifteen
Who's On First (As the NLRA Turns 80): The NLRB, Congress, and the Courts
Philip A. Miscimarra

PART SIX. JOINT EMPLOYERS UNDER EMPLOYMENT LAW
Chapter Sixteen
Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act
U.S. Dep't of Labor, Administrator's Interpretation No. 2016-1 (January 20, 2016)

Chapter Seventeen
Joint Employers under Employment Law
Zachary D. Fasman and Rachel S. Fischer

Chapter Eighteen
Direct and Indirect Employment under Title VII
Charlotte S. Alexander

Chapter Nineteen
Missed Opportunities: How OSHA Should Ensure Worker Safety in the Fissured Workplace
Randy Rabinowitz

Chapter Twenty
The Limits of OSHA's Authority to Regulate "Fissured" Workplaces
Jacqueline M. Holmes and G. Ryan Snyder

Chapter Twenty-One
Joint Employment in the Agricultural Sector
Annie Smith and Patricia Kakalec

PART SEVEN. OTHER THEORIES OF LIABILITY
Chapter Twenty-Two
Beyond Joint Employers: Other Theories of Franchisor Liability
Geoffrey A. Mort

Chapter Twenty-Three
Nonemployer Responsibility for Labor Conditions
Alan Hyde

PART EIGHT. INTERNATIONAL PERSPECTIVES
Chapter Twenty-Four
How to Structure Overseas Independent Contractors
Donald C. Dowling

Chapter Twenty-Five
Who Is an Employee? And Who Is the Employer?: Classification Issues in Germany
Daniel Hund

PART NINE. ALTERNATIVE FORMS OF WORKER ORGANIZATION
Chapter Twenty-Six
The Model Alliance: A New Form of Worker Organization
Sara Ziff

Chapter Twenty-Seven
What Is the Fight for $15, and Why Is SEIU Supporting It?
Jennifer Hunter

Chapter Twenty-Eight
Worker Centers and Labor Law: Why Aren't They Having Their Cake?
Kati L. Griffith

Chapter Twenty-Nine
A Response to Griffith
Daniel E. Clifton