Protecting Workers as a Matter Principle: A Latin American View of U.S. Work Law

Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has maintained, and perhaps augmented, the Court’s conservative outlook, deciding a number of key work law cases in favor of employers. Moreover, the pro-employer judicial hue over recent work law cases comes on the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and a surge in precarious jobs. Work law, which has always been under attack, has had better days in the U.S.; however, work law has experienced a rebirth in Latin America after years of neoliberalism and authoritarian rule. There may be lessons that can be drawn from the Latin American experience for the U.S. and other jurisdictions where work law has suffered setbacks. One of the key institutionalized methodologies that has helped to reconstruct work law in Latin America has been the use of legal principles. This Article discusses the principle of protection, which is perhaps the central pillar of Latin American work law. Under this principle, one of work law’s essential functions is to protect workers because they are “weaker parties” whose human dignity is at stake. Jurists in Latin America operationalize the protective principle through the rule of in dubio pro operario, which essentially means that a judge or other adjudicator must rule in favor of the worker when confronted with hard cases. In dubio pro operario compels adjudicators to limit their discretion in a manner consistent with the protective principle. After describing Latin American work law’s protective principle, the authors turn to U.S. work law, namely scholarship, the Thirteenth Amendment of the U.S. Constitution, the Fair Labor Standards Act (FLSA), and the National Labor Relations Act (NLRA) to explain how a Latin American labor judge would likely find and apply the protective principle in the U.S. The authors argue that a Latin American labor judge would first find a constitutional mandate to protect workers in the Thirteenth Amendment of the U.S. Constitution. The Thirteenth Amendment’s ban against involuntary servitude stems from a larger constitutional goal of safeguarding human dignity. The protective principle also safeguards human dignity; therefore, the Latin American labor judge would feel compelled to interpret existing work law in a manner consistent with that constitutional mandate to safeguard human dignity. A Latin American labor judge would also recognize that the FLSA and the NLRA attempt to equalize bargaining power between workers and employers. Therefore, a labor judge would also find the protective principle in those two laws. The authors further argue that Latin American labor jurists would recognize that a canon of statutory interpretation, such as in dubio pro operario, sometimes prevails in the U.S under the common law maxim that “remedial statutes should be interpreted liberally.” However, a Latin American jurist would recognize that work law deserves perhaps an even more “liberal” interpretation than other statutes because work law aims to safeguard human dignity and to equalize bargaining relationships—high-order goals which other statutes may not have. The authors recognize that U.S. courts do not always interpret work law in the manner most favorable to the worker. Courts fail to protect workers because, among other reasons, common law judges are not trained to seek and understand the specific legal principles inherent in U.S. work law. Moreover, the unique American employment-at-will doctrine further weakens work law. Employment-at-will should be statutorily rescinded to provide a more clearly protective work law in the U.S. The authors conclude by arguing that despite the legal-cultural differences between the U.S. and Latin America, a protective principle exists in the U.S.; however, it has been recognized in a spotty fashion by the courts

La nouvelle loi chilienne relative aux travailleurs des plateformes numériques

En ce milieu d’année 2022, la principale nouveauté dans le domaine du travail au Chili réside dans l’adoption de la nouvelle loi relative aux travailleurs des plateformes numériques. La loi n°21.431, publiée la veille du changement de gouvernement, le 11 mars 2022, a modifié le Code du travail afin de réglementer les relations entre les travailleurs dépendants et indépendants et les plateformes numériques. La loi entend par « plateforme numérique de travail » toute organisation qui, moyennant..

Dental Caries Prevalence and Tooth Loss in Chilean Adult Population: First National Dental Examination Survey

The purpose of this study was to assess the prevalence of dental caries, tooth loss, and risk factors among adult population of Chile. Furthermore, age, gender, and behavioural specific differences in caries prevalence and tooth loss were examined. A national stratified multistage probabilistic sample design in two-age cohorts was applied to the Chilean population. A sample of 1553 adults, comprising 1088 individuals aged 35–44 and 465 senior individuals aged 65–74, were examined. The DMFT was evaluated following WHO recommendations using diagnostic criteria of caries lesions into dentin. The data were analyzed by univariate and multivariate models using logistic regression analyses. Results showed a mean DMFT of 15.06 in the 35–44-year-old group and of 21.57 in the 65–74 group. Factors related to tooth loss in the 35–44 group through univariate logistic regression were depression (OR 1.9 CI 95% 1.26–2.85), education level <12 years (OR 2.24 CI 95% 1.31–3.73), personal income (OR 1.51 CI 95% 1.04–2.19), and familiar income (OR 2.05 CI 95% 1.34–3.13), and through multivariate logistic regression in the same age group were depression (OR 1.93 CI 95% 1.24–3.0), education level <12 years (OR 1.94 CI 95% 1.2–3.14), and familiar income (OR 1.71 CI 95% 1.09–2.68). Factors related to tooth loss in the 65–74-year-old group through univariate logistic regression were education level <12 years (OR 2.54 CI 95% 1.3–4.96) and personal income (OR 1.66 CI 95% 1.05–2.63), and for multivariate logistic regression in the same age group, it was education level <12 years (OR 2.51 CI 95% 1.21–5.18). In conclusion, adult population in Chile showed a high prevalence of dental caries and tooth loss, as age, education level, personal and familiar incomes, and depression are being the main risk factors

Porphyromonas gingivalis gingipains cause defective macrophage migration towards apoptotic cells and inhibit phagocytosis of primary apoptotic neutrophils:gingipains, apoptotic cell removal & inflammation

Periodontal disease is a prevalent chronic inflammatory condition characterised by an aberrant host response to a pathogenic plaque biofilm resulting in local tissue damage and frustrated healing that can result in tooth loss. Cysteine proteases (gingipains) from the key periodontal pathogen Porphyromonas gingivalis have been implicated in periodontal disease pathogenesis by inhibiting inflammation resolution and are linked with systemic chronic inflammatory conditions such as rheumatoid arthritis. Efficient clearance of apoptotic cells is essential for the resolution of inflammation and tissue restoration. Here we sought to characterise the innate immune clearance of apoptotic cells and its modulation by gingipains. We examined the capacity of gingipain-treated macrophages to migrate towards and phagocytose apoptotic cells. Lysine gingipain treatment of macrophages impaired macrophage migration towards apoptotic neutrophils. Furthermore, lysine gingipain treatment reduced surface expression levels of CD14, a key macrophage receptor for apoptotic cells, which resulted in reduced macrophage interactions with apoptotic cells. Additionally, whilst apoptotic cells and their derived secretome were shown to inhibit TNF-α induced expression by P.gingivalis LPS, we demonstrated that gingipain preparations induced a rapid inflammatory response in macrophages that was resistant to the anti-inflammatory effects of apoptotic cells or their secretome. Taken together these data indicate that P.gingivalis may promote the chronic inflammation seen in periodontal disease patients by multiple mechanisms including rapid, potent gingipain-mediated inflammation coupled with receptor cleavage leading to defective clearance of apoptotic cells and reduced anti-inflammatory responses. Thus gingipains represent a potential therapeutic target for intervention in the management of chronic periodontal disease

Immune response of macrophages from young and aged mice to the oral pathogenic bacterium Porphyromonas gingivalis

Periodontal disease is a chronic inflammatory gum disease that in severe cases leads to tooth loss. Porphyromonas gingivalis (Pg) is a bacterium closely associated with generalized forms of periodontal disease. Clinical onset of generalized periodontal disease commonly presents in individuals over the age of 40. Little is known regarding the effect of aging on inflammation associated with periodontal disease. In the present study we examined the immune response of bone marrow derived macrophages (BMM) from young (2-months) and aged (1-year and 2-years) mice to Pg strain 381. Pg induced robust expression of cytokines; tumor necrosis factor (TNF)-α, interleukin (IL)-6, and IL-10, chemokines; neutrophil chemoattractant protein (KC), macrophage colony stimulating factor (MCP)-1, macrophage inflammatory protein (MIP)-1α and regulated upon activation normal T cell expressed and secreted (RANTES), as well as nitric oxide (NO, measured as nitrite), and prostaglandin E2 (PGE2) from BMM of young mice. BMM from the 2-year age group produced significantly less TNF-α, IL-6 and NO in response to Pg as compared with BMM from 2-months and 1-year of age. We did not observe any difference in the levels of IL-1β, IL-10 and PGE2 produced by BMM in response to Pg. BMM from 2-months and 1-year of age produced similar levels of all chemokines measured with the exception of MCP-1, which was reduced in BMM from 1-year of age. BMM from the 2-year group produced significantly less MCP-1 and MIP-1α compared with 2-months and 1-year age groups. No difference in RANTES production was observed between age groups. Employing a Pg attenuated mutant, deficient in major fimbriae (Pg DPG3), we observed reduced ability of the mutant to stimulate inflammatory mediator expression from BMMs as compared to Pg 381, irrespective of age. Taken together these results support senescence as an important facet of the reduced immunological response observed by BMM of aged host to the periodontal pathogen Pg