Archives: Articles

Reimagining Workers’ Rights in the Gig Economy: Bridging the Gap Between Independent Contractors and Employees

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

Reality TV Participants Are Employees: A Proposed Solution to Legal Claims Against Production Companies

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

The New York State Paid Prenatal Leave Law and Safeguarding Employee Privacy in Reproductive Health Decisions

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

No Exit: Employee Noncompete Agreements in American Health Care

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

Message From the Chair

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

Government Ethics Quiz

A Town Councilmember (the “Councilmember”) participates in the discussions, deliberations and vote in connection with changes to the town zoning map to create two concentric overlay districts, and proposed amendments to the Town Code to permit mixed use development of certain industrial zoned properties within the overlay districts. The overlay districts are composed of two … Continued

Message From the Outgoing Chair

In considering my own professional development, I have come to believe that there is no such thing as wasted effort. Efforts that might at first seem to produce no direct benefit often prove valuable in ways that are unanticipated, and at times that cannot be predicted. Each early professional experience is a deposit into an … Continued