Customer Domination at Work: A New Paradigm for the Sexual Harassment of Employees by Customers

This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a true understanding of the problem of third-party harassment that recognizes the power of customers within an employer- employee-customer triangular relationship, seeing the customer as integral to the organization of work. Within the triangular relationship, customer domination at work is created, consisting of three aspects: masculinity, authority, and service market power. Customer domination is shaped and reinforced by employers, and is exploited by customers in these cases of harassment. This should lead, I claim, to placing stricter legal liability on employers, incentivizing them to change workplace practices that provide customers with such power, and to customers bearing legal responsibility that parallels employer liability

Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction and Jurisdiction

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction

Sectoral disadvantage : The case of workers in the British hospitality sector

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COVID-19 and Labour Law: Israel

The article, written at the peak of lockdown and closures due to the Covid-19 pandemic in Israel, describes the government’s initial response to the employment crisis (up to the 10th of April 2020). A host of emergency regulations affected the continuation of employment, and the provision of a social security safety net. Following a short description of the legal developments, the article notes some problems in the immediate response at times of crisis, including the use of the social security (unemployment insurance) system in lieu of encouraging the continuation of work to the extent medically possible, a differentiation between categories of work-providers in the public and private sectors, the gendered aspect of responses and the exceptional difficulties faced by those who are part of the weaker segments in the workforce

Mercosur and the Pacific alliance convergence in building a labor level playing field across Latin America

Whilst walls have been erected in other regions, the construction of bridges seems to be the path explored by Latin America. Despite the rivalries created by the fast development of trade organizations, economic growth, and profits between Mercosur and the Pacific Alliance in the region, Latin American countries, through their foreign policies, have found a way to work out their divergences. They have created convergence and cooperation on key issues such as transnational migration, migrant workers’ rights, free movement of people, and educational training—and more importantly fill the gap between the two organizations by a full regional economic integrative process