Employer Rights Against Worker Involuntary Servitude
Sachin S. Pandya
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Sachin S. Pandya: University of Connecticut
No k5b27, LawArXiv from Center for Open Science
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 new employers who would otherwise hire those workers after they quit. If so, the Involuntary Servitude clause sets a minimum level of labor mobility in the US. To illustrate, the paper discusses legal challenges to (1) labor mobility restrictions on H-2 foreign guest workers; and (2) non-competition clauses in labor contracts.
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