This paper summarizes and comments on all Supreme Court opinions issued during the 2022-2023 term that deal with labor and employment law and the employment relationship. The paper also provides information on all cases accepted for argument during the 2023-2024 term as of July 29, 2023

The paper examines changes in labor regulation between 1898 and 1940 in the context of issues related to rule of law in two areas. 1) Many see the 1905 Lochner Supreme Court decision on men’s hours laws as the beginning of 30 years in which labor regulation was stymied by the doctrine of...

We demonstrate that cognitive constraints produce injustice in its most paradigmatic form: incorrect verdicts in judicial trials. Responding to a request for help, we conducted a field study in Mexican labor courts in which time pressure on the judges leads to their making mistakes, many of...

Does labor court uncertainty and judge subjectivity influence firms' performance? We study the economic consequences of judge decisions by collecting information on more than 145,000 Appeal court rulings, combined with administrative firm-level records covering the whole universe of French...

This paper uses the 2003 Survey of Employment Tribunal Applications to examine the post-application employment consequences for individuals registering complaints to Employment Tribunals following dismissal or redundancy. In examining this issue, we consider a number of pieces of evidence: (i)...

This article provides extended summaries and (separately) the author's take on every employment and labor law decision rendered by the Supreme Court during its most recent term. Also covered in this piece are abbreviated reviews of all grants of certiorari for the upcoming term and short...

Does labor court uncertainty and judge subjectivity influence firms' performance? We study the economic consequences of judge decisions by collecting information on more than 145,000 Appeal court rulings, combined with administrative firm-level records covering the whole universe of French...

Does labor court uncertainty and judge subjectivity influence firms performance? We study the economic consequences of judge decisions by collecting information on more than 145,000 Appeal court rulings, combined with administrative firm-level records covering the whole universe of French firms....

From a strictly formal point of view, employment regulation in Czechia, Hungary, Poland and Slovakia (CEECs) provides an acceptable level of protection for employees. However, workers' formal rights are being violated and circumvented on a massive scale. Because the oversight system is...

In many countries, labor courts play a central role in the determination of firing costs by monitoring and supervising the procedures for dismissals, and, eventually, deciding severance payments mandated by the employment protection legislation (EPL). To get some insights about the impact of...

From a strictly formal point of view, employment regulation in Czechia, Hungary, Poland and Slovakia (CEECs) provides an acceptable level of protection for employees. However, workers' formal rights are being violated and circumvented on a massive scale. Because the oversight system is...

Does labor court uncertainty and judge subjectivity influence firms performance? We study the economic consequences of judge decisions by collecting information on more than 145,000 Appeal court rulings, combined with administrative firm-level records covering the whole universe of French firms....

The paper examines changes in labor regulation between 1898 and 1940 in the context of issues related to rule of law in two areas. 1) Many see the 1905 <em>Lochner</em> Supreme Court decision on men's hours laws as the beginning of 30 years in which labor regulation was stymied by the doctrine of...

From a strictly formal point of view, employment regulation in Czechia, Hungary, Poland and Slovakia (CEECs) provides an acceptable level of protection for employees. However, workers’ formal rights are being violated and circumvented on a massive scale. Because the oversight system is...

The United States Supreme Court dealt a serious blow to workers’ rights in Epic Systems Corp. v. Lewis, 584 U.S. __ (May 21, 2018) when it held that employers may require employees to waive their rights to class or collective action. Employees had hoped the Court would find that mandatory...

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....

This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2018 Term (2018-2019) that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the...

The paper examines changes in wage and hour labor regulation between 1898 and 1938. Many see the 1905 Lochner Supreme Court decision striking down hours limits for men as the beginning of 30 years in which labor regulation was stymied by the doctrine of "freedom of contract." That issue played a...

Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the...

Für diese Studie zur Scheinselbständigkeit (in Kooperation mit dem Bundesministerium für Arbeit und Soziales) hat das IAB 4.500 Personen zu ihrer Erwerbstätigkeit und sozialen Lage befragt. Die quantitative Untersuchung greift zur Bestimmung von Scheinselbständigkeit auf ein Rechtsgutachten...

This Article is a review of the Supreme Court's 2013-2014 labor and employment law decisions. Among the cases discussed are Harris v. Quinn, Lane v. Franks, Lawson v. FMR, Fifth Third Bancorp v. Dudenhoeffer, Heimeshoff v. Hartford Life & Accident Insurance Co., Sandifer v. United States Steel...

This study on false self-employment (which the Institute for Employment Research (IAB) performed in cooperation with the German Federal Ministry of Labour and Social Affairs) is based on 4,500 quantitative interviews with the active workforce in Germany. The study delivers a representative...

Employment tribunals or labor courts are responsible for enforcing employment protection legislation and adjudicating rights-based disputes between employers and employees. Claim numbers are high and, in Great Britain, have been rising, affecting both administrative costs and economic...

This article, the author's longstanding annual review of the Supreme Court's work in the employment area, examines in detail every decision of the 2015-2016 term relating to employment and labor law, with commentary on each case and additional observations about the Court's work in this term and...

This Working Paper focuses on the impact of the directive on fixed-term work and the EU's Court of Justice (CJEU) case law concerning fixed-term work from 2007 and 2013. By doing so, this working paper develops an analytical framework to analyse the Europeanisation of labour law with an eye on...

The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are...

Using a newly assembled data set on procedures filed in Mexican labor tribunals, the authors of this paper study the determinants of final awards to workers. On average, workers recover less than 30 percent of their claim. The strongest result is that workers receive higher percentages of their...

African sub-regional courts present a paradox: They are established to ensure trade integration is rule-based, but they have overwhelmingly decided human rights rather than trade cases. The COMESA court of Justice is unique, rather than deciding human rights cases, it has overwhelmingly decided...

The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...

The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...