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20 J.L. Soc'y 247 (2020)
Fissured Opportunity: How Staffing Agencies Stifle Labor Market Competition and Keep Workers "Temp"

handle is hein.journals/jls20 and id is 259 raw text is: FISSURED OPPORTUNITY: HOW STAFFING AGENCIES STIFLE LABOR MARKET COMPETITION AND KEEP WORKERS TEMP JANE R. FLANAGANT TABLE OF CONTENTS I. BACKGROUND: NEVER-NEVER GIRLS OR A PATH TO PERMANENT EMPLOYMENT ..................................... 249 II. COMMON RESTRICTIVE COVENANTS IN STAFFING SERVICES CONTRACTS .............................................. 253 A. Restraints on Direct Hiring by Worksite Employers .............. 254 1. Examples of Common Terms ..................... 254 2. Analysis of Common Terms ........... .... ........ 257 B. Restraints on Hiring Through Third Party Staffing Agencies ... 258 1. Examples of Common Terms ..................... 258 2. Analysis of Common Terms ........... .... ........ 259 C. Potential Significance of these Restraints. ............... 260 III. LEGAL ANALYSIS .................................... .....261 A. State Common Law on Restrictive Covenants ................. 262 B. State Statutes Limiting Use ofRestrictive Covenants............ 265 C. State and Federal Antitrust Law.......... ............. 266 D. State Statutes Regulating Temporary Labor ................... 268 IV. CONCLUSION ................................. ....... 270 A. Public and Private Legal Challenges ........................ 270 B. Regulating Temp Work............................ 271 C. Research on the Implications of Fissuring for Labor Market Competition. ............................ ...... 271 D. Best Practices for Responsible Employers .............. 272 E. Organizing Across Fissures .................. ....... 272 In temp towns, it is not uncommon tofind warehouses with virtually no employees of their own. Many temp workers say they have worked in the same factory day in and day out for years. Josd Miguel Rojo, for 247 T The author would like to thank Chris Schwartz for generously sharing his research and collection of staffing services contracts with me and Gabe Kahn for his research assistance. Additional thanks to Ben Elga, Laura Padin, and David Seligman for their review and useful feedback.

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