Employer Rights Against Worker Involuntary Servitude

Sachin S. Pandya
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Sachin S. Pandya: University of Connecticut

No k5b27, LawRxiv 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
New Economics Papers: this item is included in nep-mig
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Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarx:k5b27

DOI: 10.31219/osf.io/k5b27

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