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LPE Blog

Weekly Roundup: February 10, 2023

Reed Shaw, Matthew Bodie, and Alvin Velazquez wrap up our symposium on Worker Surveillance & Collective Resistance by looking at the different ways that surveillance is undermining employment and labor law protections, and what we might do to challenge these invasive technologies. Plus, LPE-related fellowships, CFPs, and new pieces by Daniel Walters, Amy. . .

Knitting Together Patchwork Privacy and Labor Law Frameworks to Protect Workers from Corporate Surveillance

To protect low-wage workers from invasive digital surveillance that follows them home, Congress needs to adopt a comprehensive framework that protects both worker and consumer data. In the absence of such Congressional action, regulatory action such as the FTC’s advanced notice of proposed rulemaking and the National Labor Relations Board’s recent focus. . .

Weekly Roundup: February 2, 2023

Ann Sarnak kicks off a symposium on workplace surveillance and collective resistance, Karen Levy looks at the layering of government, employer, and commercial surveillance in the trucking industry, and Sarrah Kassem examines employee monitoring in Amazon’s growing platform ecosystem. Plus, the best of LPE from around the web, including new pieces by. . .

Labor Under Many Eyes: Tracking the Long-Haul Trucker

In 2017, the United States government required that all long-haul truck drivers install electronic logging devices. While this mandate had only limited success in making the roads safer and reducing trucker fatigue, it provided a foundation for additional surveillance by employers and other profit-seeking companies. This layering of government, employer, and. . .

The House Always Wins: The Algorithmic Gamblification of Work

Recent technological developments are transforming the basic terms of worker compensation. Rather than receive a salary or predictable hourly wage, workers in the on-demand economy are often paid using opaque and constantly fluctuating formulas, allowing firms to personalize and differentiate wages in order to influence worker behavior. These payment schemes. . .

Weekly Roundup: January 20, 2023

Barry Maguire on the alienation objection to efficient markets, Evelyn Atkinson on Telegraph Torts, and eight friends of the blog on the FTC’s proposed rule to ban non-compete agreements. Plus, a new citywide LPE group in NYC, a junior scholars workshop in NYC, an LPE reading group in Toronto, two great upcoming events, and Matt Stoller on l’affaire Hovenkamp.. . .

What the Telegraph Can Teach Us About the Moral Economy

As we grapple with the law’s ability to address today’s most powerful corporations, one interesting yet largely forgotten set of cases can help us find our bearing: the “death telegram” cases. These suits involved claims for emotional distress against telegraph corporations for failing to deliver telegrams involving the death or illness of. . .

Your Boss Doesn’t Care About You

Through redistribution, or perhaps a scheme cooperative ownership, we can mitigate inequality while still harnessing the power of markets. This is, at least, the promise of market socialism. Yet all markets, even socialist markets, require its participants to act with a certain set of motives if they are to produce efficient outcomes. And it is these motives. . .