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112 Cal. L. Rev. 1 (2024)

handle is hein.journals/calr112 and id is 1 raw text is: 














             Consumer Law as Work Law



                              Jonathan F. Harris*



          In  recent  decades,   the US.   labor  market   has  shifted from  a
     prevalence   of long-term,  single-employer  careers  to more  contingent
     work   or   work   disguised   as  entrepreneurship. These attenuated
     relations  between  worker  and  firm reflect the 'fissuring  of work,  in
     which  firms  have  utilized laws that permit  them  to offload costs  and
     risks  though  outsourcing,  subcontracting,   and franchising   out  their
     labor  needs. Some  firms  now  go beyond  fissuring  work:  they treat the
     workers   themselves  as consumers   by offering them  services and credit
     products.  Workers,  in short, are also consumers   in some contexts. And
     when  firms  expand  employment   contracts  to extend services and credit
     products  to workers,  workers  are entitled to consumer  lawprotections.










          DOI: https://doi.org/10.15779/Z38JH3D38F
          Copyright © 2024 Jonathan F. Harris.
      *   Associate Professor of Law, LMU Loyola Law School, Los Angeles. Senior Fellow, Student
Borrower Protection Center, and grantee, University of California Student Loan Law Initiative. I thank
the following for their conversations and feedback: Abbye Atkinson, Ian Ayres, Andrea Boyack, Juan
Caballero, Richard Carlson, Miriam Cherry, Hugh Collins, Scott Cummings, Nakita Cuttino, Sarah
Dadush, Dave DeSario, Andrew Elmore, Harris Freeman, Martha Albertson Fineman, Jane Flanagan,
Larry Garvin, Terri Gerstein, Clayton Gillette, Jonathan Glater, George Gonos, Tristin Green, Hiba
Hafiz, Luke Herrine, Chris Hicks, Alan Hyde, Christine Jolls, Tal Kastner, Pauline Kim, Andrew
Koppelman, Stephen Lee, Orly Lobel, Florencia Marotta-Wurgler, Ryan Nelson, Douglas NeJaime,
Michael Oswalt, Sachin Pandya, Christopher Peterson, Alexi Pfeffer-Gillett, Donald Polden, Ediberto
Roman,  Cesar Rosado Marzin, Leticia Saucedo, Chris Schwartz, Joseph Seiner, David Seligman,
Katherine Stone, Lauren Willis, Noah Zatz, and Adam Zimmerman. I also thank the faculties of Santa
Clara University School of Law and Touro Law Center and participants in the Harvard/Stanford/Yale
Junior Faculty Forum, AALS Contracts Section Works-in-Progress Panel, Berkeley Consumer Law
Scholars Conference, Equality Law Scholars' Forum, NYU Lawyering Scholarship Colloquium,
Colloquium on Scholarship in Employment & Labor Law, Southeastern Association of Law Schools
New  Scholars Workshop, Law & Society Annual Meeting, Labor & Employment Relations Association
Best Papers Series, University of Richmond Law School Junior Faculty Forum, and Michael A. Olivas
Writing Institute. The following provided stellar research assistance: Hugo Garcia, Jessica Hammond,
Dylan Holmes, and Shannon Skrzynski. Lastly, many thanks to the Calhfornia Law Review staff for
excellent editing, especially Articles and Essays Editor Krithi Basu. This Article is dedicated to the
memory  of Michael A. Olivas.


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