Enforcement Project

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How Joe Biden's order on noncompetes could make it easier to quit your job

July 27, 2021

BY IRINA IVANOVA
CBS News

The president's July 9 executive order takes aim at an increasingly common and oft-criticized feature of the labor market: noncompete agreements. Under these restrictive agreements, which cover an estimated one-fifth to one-half of private-sector workers, employees give up future work in their industry as a condition of keeping their current job. 

Terri Gerstein, director of the state and local enforcement program at the Harvard Law School Labor and Worklife Program, noted there were other legal ways, including...

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There’s a Way to Get More People Vaccinated—and It Doesn’t Involve the Lottery

There’s a Way to Get More People Vaccinated—and It Doesn’t Involve the Lottery

July 1, 2021

By Terri Gerstein and Lorelei Salas
The Nation

In light of the widespread jobsite transmission of the virus, and Covid-19’s devastating impact on working people, we should also do everything possible to eliminate obstacles for essential workers. Fortunately, there are two non-flashy but surefire approaches to boost rates among the many workers who want the vaccine but haven’t had it: first, pass paid sick leave laws covering the shot as well as side effects; and second, turn to unions, worker organizations, and others that are already known to and trusted by workers and their communities. 

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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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Gig workers deserve employment protections

December 18, 2020

Mark Erlich
Boston Globe 

The misclassification of employees as independent contractors predates the emergence of the gig economy and has been a method of skirting the cost of standard worker protections.

In the midst of all the presidential transition drama, one of the most overlooked but consequential outcomes of the November election was the victory of Proposition 22 in California. Funded by Uber, Lyft, DoorDash, Instacart, and Postmates to the tune of a record-breaking $200 million, the ballot measure exempted ride-hailing and delivery drivers from a 2019 law, Assembly Bill 5, which brings California’s gig economy into compliance with conventional employment laws.

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Misclassification in Construction: The Original Gig Economy

November 26, 2020

by Mark Erlich
ILR Review

The misclassification of employees as independent contractors has been the focus of recent attention as a result of the implementation of that employment model by ride-share and other gig employers. But the practice long predates the emergence of the gig economy, particularly in the construction industry. This article traces the history of misclassification in construction and the subsequent emergence of a cash-based underground system of compensation, which have lowered standards and been among the major causes of the decline of union density in the industry. In addition, the author examines the regulatory environment at the federal level, which has largely enabled misclassification as well as attempts by state agencies to adopt more aggressive enforcement policies. Downloand Article