‘What If I Told You That Employer Power Is a Legal Construct’

Gali Racabi, ‘Abolish the Employer Prerogative, Unleash Work Law’, 43 Berkeley Journal of Employment and Labor Law (forthcoming), available at SSRN. What is an ’employer’, and what can it do? And what role does law play in answering those questions? In this understated yet radical new piece – ‘Abolish the Employer Prerogative, Unleash Work Law’ – Gali Racabi analyzes the law’s basic concepts for governing the workplace. Digging deep into the substratum of the law’s framework, he excavates the idea of the ’employer prerogative’: namely, that the employer’s designated representatives have ‘the legal authority to make unilateral decisions in the workplace’ (p 4). Racabi’s simple proposal is to end this prerogative and consider alternative ways of allocating workplace power. His concept is both simple and staggering: a complete reorganization of the governance of firms within our economy … (more)

[Matt Bodie, JOTWELL, 26 November]

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