Gerstein, Terri

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Kim Kardashian is being sued for employment practices that are sadly common

May 26, 2021

Terri Gerstein
NBC News THINK 

In the latest celebrity labor scandal, reality TV star Kim Kardashian West was sued in Los Angeles Superior Court on Monday by seven workers accusing her of wage theft, retaliation and more. They literally worked on the grounds of her home. Kardashian West’s response to these allegations? “These workers were hired and paid through a third-party vendor,” her spokesperson said. “Kim is not party to the agreement made between the vendor and their workers, therefore she is not responsible for how the vendor manages their business...

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Wall Street’s Grip on Secret Harassment Hearings Starts to Crack

May 12, 2021

Max Reyes
Bloomberg

But their path to ending forced arbitration on Wall Street is seen as long and arduous. Much of the finance industry, including Goldman, remains committed to settling disputes behind closed doors, and change is unlikely to pass easily through a divided Congress.

“It still helps to build momentum and build a shared understanding that this practice of forced arbitration is not right,” Terri Gerstein, director of the State and Local Enforcement Project at Harvard Law School, said in an interview. “It’s not fair, and it’s not good...

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Big Law Builds Up State AG Expertise Amid Enforcement Boost

May 12, 2021

Ellen M. Gilmer
Bloomberg Law

Top law firms are building out practice groups focused on state attorneys general, whose aggressive moves on everything from workers’ rights to Big Tech have clients looking for lawyers with a deep understanding of the process.

Harvard Law School’s State and Local Enforcement Project director Terri Gerstein, former head of the Labor Bureau in the New York attorney general’s office, cautioned private practice lawyers against relying too heavily on relationships formed during their past work in state offices.

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How to End Wage Theft

May 10, 2021

Chris Bangert-Drowns
WPFW Monday Morning Quarterback Radio Show

Alexia Fernandez Campbell, Senior Reporter at the Center for Public Integrity, and Terri Gerstein, Senior Fellow at the Economic Policy Institute and Director of the State and Local Enforcement Project at the Harvard Law School Labor and Worklife Program, talk with reporter Chris Bangert-Drowns about wage theft during the pandemic, potential enforcement failures by the Department of Labor, and how to best end the practice.

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When corporations deceive and cheat workers, consumer laws should be used to protect workers

May 5, 2021

Working Ecoonomics Blog
Economics Policy Institute

Terri Gerstein, Lorelei Salas, and David Seligman

Some public enforcement agencies (and even private lawyers) have recently attacked corporate misconduct of this sort by enforcing laws traditionally used to protect consumers in order to address unfair and deceptive labor market practices that target working people, often immigrants and people of color. More enforcement agencies and lawyers should follow their lead. Public enforcement agencies that focus on enforcing consumer...

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Opinion: Why Coloradans should be skeptical about gig companies’ promises

January 21, 2021

By Terri Gerstein
The Colorado Sun

In December, Uber’s CEO asked the governors of all 50 states to give the ride-hailing company’s workers priority for the coronavirus vaccine. The company sent a similar letter to the Centers for Disease Control and Prevention. 

It’s a profoundly cynical move. Uber and friends just spent over $200 million on California’s Proposition 22, a successful ballot initiative to exempt themselves from basic employment laws (paid sick leave, unemployment insurance, workplace safety requirements), in exchange for a seriously slender benefits package. 

Uber’s advocacy for vaccine priority reads more than anything like a company seeking replacement parts for its machinery, not caring for its people.... Read more about Opinion: Why Coloradans should be skeptical about gig companies’ promises

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Uber won its prized contractor status for drivers. Now what?

November 5, 2020

Joel Rosenblatt, Robert Wilkens-Iafolla and Erin Mulvane
Bloomberg

Uber and Lyft on Tuesday fended off labor protections that were decades in the making, allowing the companies to keep compensating their drivers as independent contractors. While Proposition 22 requires these app-based transportation services to offer some modest new perks for drivers, it keeps them from having to provide benefits that full-time employees get. 

“Prop 22 creates these rights, but as slender and grossly insufficient as they may be, there’s real questions whether workers can access them,” said Terri Gerstein, director of the State and Local Enforcement Project at Harvard University’s Labor and Worklife Program.... Read more about Uber won its prized contractor status for drivers. Now what?

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Prop 22 passes in California, exempting Uber and Lyft from classifying drivers as employees

November 4, 2020

Sara Ashley O'Brien 
CNN Business

In a major win for gig economy companies, CNN projects California voters have passed a costly and controversial ballot measure to exempt firms like Uber and Lyft from having to classify their gig workers in the state as employees rather than as independent contractors.

Terri Gerstein of the Harvard Labor and Worklife Program and Economic Policy Institute said in an email to CNN Business that the result will "leave thousands of California workers in a precarious and perilous position, without basic rights...

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Inside Scalia’s Pro-Industry Revamp of Labor Agency Enforcement

November 2, 2020

Ben Penn
Bloomberg News

Scalia’s primary objective as U.S. Labor Secretary has been to solidify an enforcement philosophy at DOL that’s predictable for employers. Businesses had railed against the Obama administration for what they viewed as its overly punitive, “gotcha"-style tactics. Their frustration mounted when President Donald Trump‘s first labor secretary, Alexander Acosta, was slow to rebalance the enforcement landscape.

Opponents say Scalia has failed to leverage the department’s enforcement functions to defend workers at a time when their lives and...

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Gig companies want to change the rules about who qualifies as an employee. Here's why they're wrong

October 15, 2020

Opinion by Terri Gerstein
for CNN Business Perspectives

Gig companies are urging Congress and state lawmakers to create a new category of worker, without the full protections that employees receive. But like all other businesses, gig companies should be required to treat their workers as employees, not as independent contractors or any other designation.

Policy decisions should not be made on the basis of a few large companies' self-interest. Rather, we should act based on what's best for society, which includes ensuring decent, dignified treatment for the people whose work makes our country run. That necessarily involves placing some obligations on companies.