Legal Protections for Atypical Employees: Employment Law for Workers Without Workplaces and Employees with Employers

34 Pages Posted: 4 Apr 2006

See all articles by Katherine V.W. Stone

Katherine V.W. Stone

University of California, Los Angeles (UCLA) - School of Law

Abstract

In the United States, the decentralization of production has fostered the growth of many types of atypical employment, most notably temporary employment, homework, and dependent independent contractors. The labor and employment laws in the U.S. were designed for long-term employees, so that criteria for eligibility and schedules of benefits assume an on-going employment relationship with a single employer. As the numbers of atypical employees grows, more and more individuals find themselves lacking basic protection for minimum wage, health and safety, retirement security, industrial injury, and collective bargaining rights. This article surveys major U.S. employment laws to demonstrate that temporary workers, homeworkers, and independent contractors face practical as well as legal barriers that prevent them from getting full coverage under existing labor and employment laws.

Keywords: employment benefits, employment and labor laws, long-term employees, atypical employmees

Suggested Citation

Stone, Katherine Van Wezel, Legal Protections for Atypical Employees: Employment Law for Workers Without Workplaces and Employees with Employers. Berkeley Journal of Employment and Labor Law, Vol. 27, 2006, UCLA School of Law, Law-Econ Research Paper No. 06-12, Available at SSRN: https://ssrn.com/abstract=894930

Katherine Van Wezel Stone (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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