Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees' hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage ...

This Essay develops a comprehensive theory of the role of information in regulatory and market responses to workplace problems. Existing legal and economic scholarship has focused narrowly on transparency mandates that reveal facts about the ...

When it was passed in 1938, the Fair Labor Standards Act (FLSA) sought to address the “evils” of underpay and overwork by establishing an hourly minimum wage and requiring premium overtime pay. However, today's low‐wage, ...

Low-wage, hourly-paid service workers are increasingly subject to employers' "just-in-time" scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet ...

“Anticipatory retaliation” refers to employers’ preemptive attempts to silence potential future worker opposition to substandard or illegal employment practices. Especially in “brown collar” workplaces that primarily employ low-wage, often undocumented, immigrants, anticipatory, retaliatory threats may ...

It is frequently stated in the class action literature that many Rule 23(b)(3) class action plaintiffs recover only a fraction of their claimed losses in settlement. Class action critics blame these low recovery-loss ratios on ...

This article examines and critiques courts’ narrow interpretations of 42 U.S.C. § 1981 in race and national origin discrimination cases brought by retail shoppers and offers a model for improved § 1981 decision-making. Section 1981, ...

In 2007, the Carnegie Foundation for the Advancement of Teaching issued a book-length report on American legal education, criticizing American law schools and issuing a call for reform. This book chapter draws on concepts from ...