Fighting for Workers in a Transformed Labor Landscape

By Hailey Leclerc 

The Law Students on Workers’ Rights series publishes essays from current and incoming students at some of the top law schools in the country. These essays, submitted for the Charles E. Joseph Employment Law Scholarship, address the question “What are the biggest challenges facing workers’ rights in the future?”

It is no secret that we are in the midst of arguably the most drastic transformation of the labor landscape in human history. From the rise of automation and artificial intelligence to the increasing prevalence of gig work and nontraditional employment arrangements, the next few decades will present unparalleled challenges in an attempt to preserve workers’ rights. At the heart of this effort lies a pressing challenge: finding innovative, effective ways to amplify workers’ voices in a time in which companies and human-developed technology are unabashedly reshaping the way we work and communicate. This essay will explore the demands associated with fully maintaining workers’ rights as well as address how workers’ rights must evolve with the emergence of new technologies and trends. 

One of the key attributes of advanced workplaces is the ability to work across diverse sectors and in many different geographic locations; however, the very technologies that enable this work arrangement to exist have the same capability to surveil and control workers. According to the Deputy U.S. Chief Technology Officer Deirdre Mulligan, some common examples of tracking within the workplace include nurses being required to wear badges that share their location in relation to their hospital, office workers being monitored through software that logs their keyboard and mouse movements, and warehouse packers and stockers having their speed of work tracked through scanners. These types of surveillance are not only eroding workers’ fundamental right to privacy but are also stifling collective organizing efforts. 

Workers may feel more powerless than ever before to dissent because of fears of retaliation, judgment, and augmented lack of autonomy via these technologies. In many cases, workers may also be completely unaware of the effects of such technologies, undermining workers’ ability to exercise consent and control over their personal information and data. Thus, there is an urgent need for robust worker protections and transparency as the digital age continues to evolve to ensure workers’ voices are heard and respected. 

Furthermore, the gig economy, freelance, and independent contract work pose notable challenges concerning the preservation of employees’ voices. These classifications of workers often lack bargaining power and are fragmented as individuals since they have little interaction with other independent workers, which makes it difficult to mobilize action and negotiate with respective governing companies. Relatedly, many interns and entry-level employees are often misclassified as independent contractors, which not only shifts tax burdens onto them whilst alleviating these burdens from the company but also prevents them from possessing traditional legal protections that they should be afforded. As a result of these varying factors, a tremendous power imbalance exists and will continue to exist unless action is taken; companies will control wages and terms of engagement with little to no checks on their actions, further diminishing workers’ voices. 

Finally, there is unfortunately no shortage of discrimination and inequality in the technological age. Algorithmic biases in recruitment, hiring, and promotion harbor a demeaning culture whereby profit and company interests are put well above the human-oriented interests of workers’ well-being and satisfaction. With limited policies currently stopping companies from implementing unjust algorithmic practices, there exists a threatening movement against inclusivity and diversity – concepts that are central to efforts surrounding amplifying workers’ voices and protecting labor rights.

Despite these challenges lies an extraordinary opportunity to be a part of recalibrating frameworks and policies to elevate and better take into account the voices of 21st-century workers. From a legal standpoint, updating labor laws to include gig economy workers and nontraditional employment arrangements is vital to ensuring workers receive adequate protections such as minimum wage guidelines, healthcare access, and the right to unionize. Regulations must also be implemented to foster transparency and accountability when it comes to utilizing technological processes, which will ideally mitigate privacy concerns as well as the risk of discrimination and bias. Promoting collaboration between governments, companies, and employees will be critical to upholding these standards, especially on a global level. From an educational standpoint, it will be important to incentivize resources and training for workers so that they can better understand their rights and feel empowered and deserving of such rights.

Overall, by taking proactive steps to protect the rights of workers by giving them a viable platform to share their needs, concerns, and beliefs, we can lay the groundwork for a more equitable and just future even with the rise of immense technological changes.

Reflections from Charles Joseph

As the labor landscape evolves, workers’ rights often struggle to keep up. The latest technologies introduce unexpected and often invisible barriers for workers, such as algorithmic bias, as Leclerc argues. Technology also further shifts the balance of power between workers and employers, fueling fears of retaliation for speaking up. 

What’s the solution? Technology will not slow down, so advocates for workers’ rights must speak up. Advocating for updated labor laws, regulating transparency, and holding companies accountable can protect the rights of workers. 

Hailey Leclerc holds a bachelor’s degree in English from UC Berkeley. She will join the class of 2027 at UC Law San Francisco in the fall as part of the Work Law concentration. Contact Leclerc on LinkedIn. 

Charles Joseph has over two decades of experience as an NYC employment lawyer. He is the founder of Working Now and Then and the founding partner of Joseph and Kirschenbaum, a firm that has recovered over $140 million for clients.