Immigration reform may reasonably be characterized as the most significant labor reform in a generation. This Essay considers the shape of labor and employment law after congressional enactment of comprehensive immigration reform. For this purpose, the Essay assumes that Congress does in fact...

Globalization poses many challenges to working people and their advocates. In light of the demands on the limited resources of United States unions and other labor advocates, it may seem folly to suggest an additional strategy for addressing the consequences of globalization. Yet there is a...

Chapter 8 of the American Law Institute’s Restatement of Employment Law proposes bad law in every sense of the word when it restricts job mobility of current and former employees by imposing a general duty of loyalty and providing for enforcement of non-compete agreements. Its rules are vague...

One provision of the proposed Employee Free Choice Act (EFCA) would address the catastrophic underenforcement of the statutory right of employees to bargain, which results in half of all newly certified or recognized unions failing to secure a first collective bargaining agreement. It is an...

This article, part of a symposium on Jobs and the American Worker, assesses the preemption challenges to the efforts of cities and states to induce employers to create good jobs that pay adequate wage and provide adequate health care, retirement, and unemployment insurance. Local governments...