I. Introduction The gig economy has not merely disrupted the labor market; it has redefined its architecture. Platforms such as Uber, Lyft, and DoorDash now mediate vast swaths of economic activity, reconfiguring the relationship between labor and capital through algorithmic control, dynamic pricing, and the offloading of risk. During the COVID-19 pandemic, gig workers were … Continued
The birth of reality TV was a direct result of production companies and networks not paying unionized workers in television programs after the entertainment labor strikes in the 1980s and 2000s. Now, reality producers are specifically looking for fresh faces to cast on shows and then labeling them as independent contractors within the “participation agreement.” … Continued
Introduction As of January 1, 2025, New York State became the first state to offer paid time off for employees to receive prenatal care. While the paid prenatal leave law fills an important gap in New York’s legal framework, it may raise some concerns relating to employee privacy. This article discusses New York State’s paid … Continued
Introduction In Exit, Voice, and Loyalty the economist and political theorist Albert O. Hirschman famously theorized that the two means of responding to an institution that is disregarding your needs are voice and exit.1 He argued that in the absence of these two responses, business firms, organizations, and states could never expect – no matter how well devised – to … Continued
Dear Members of the Labor and Employment Law Section, I am honored and excited to introduce myself as the new chair of the New York State Bar Association’s Labor and Employment Law Section. It is a privilege to lead such a distinguished and dynamic group of practitioners who contribute so much to our profession and … Continued
As attorneys representing parties in employment cases in New York federal court are aware, odds are good that the case will wind up at mediation, often very early in the litigation (whether by choice or not). The most recent data from two of the busiest federal courts is clear: mediation of employment law claims is … Continued
Employment status determinations are central to labor law and tax law. From a labor law perspective, employment status is significant as it impacts one’s rights, with employees receiving the most rights under the Employment Rights Act (ERA) 1996 and Trade Union and Labour Relations (Consolidation) Act (TULRCA) 1992, workers receiving some but not all employee … Continued
Seth Goldstein Seth Goldstein is a third-year law student at St. John’s University School of Law. During his time in law school, Seth has served as a staff member of the St. John’s Law Review, where his note, “Rigid Rideshares and the Driver Flexibility Myth,” will be published in a forthcoming edition. Additionally, he is the … Continued
Since 2018, Uber has submitted applications for numerous patents that use algorithms to “define” safety. These patents “calculate” safety through multiple factors, including crime reports and statistics, news databases, academic databases of reports of violent conflicts in a location, the car’s condition, how often the driver swerves, and “social media.”1 These machine-learning models attempt to predict … Continued
Litigation Stayed Pending Appeal of Denial of Motion To Compel The Supreme Court, resolving a question that had divided the courts of appeal, ruled that litigation must be stayed pending an interlocutory appeal of the denial of a motion to compel. Prior to this decision, six circuit courts imposed an automatic stay while three left … Continued