Employer Rights Against Worker Involuntary Servitude
Sachin S. Pandya
Additional contact information
Sachin S. Pandya: University of Connecticut
No k5b27_v1, LawArchive from Center for Open Science
Abstract:
This paper argues that employers can sometimes validly challenge laws as violating the Thirteenth Amendment’s Involuntary Servitude Clause. Judges currently read that clause to bar some kinds of physical or legal coercion against workers who would otherwise quit their current employer. This paper identifies how existing Involuntary Servitude Clause doctrine can be extended to bar legal coercion against prospective employers who would otherwise hire those workers after they quit. If so extended, the Involuntary Servitude Clause sets a minimum level of labor mobility in the United States. To illustrate, the paper discusses how employers can use the Involuntary Servitude Clause to challenge (1) labor mobility restrictions on H-2 foreign guest workers, and (2) non-competition clauses in labor contracts.
Date: 2019-10-21
References: Add references at CitEc
Citations:
Downloads: (external link)
https://osf.io/download/5dad061aec1775000dff7102/
Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
HTML/Text
Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarc:k5b27_v1
DOI: 10.31219/osf.io/k5b27_v1
Access Statistics for this paper
More papers in LawArchive from Center for Open Science
Bibliographic data for series maintained by OSF ().