Social Justice and the Balance of Power for Workers

By Zoe Brown

The Law Students on Workers’ Rights series publishes essays from current and incoming students from top law schools across the country. These essays, submitted for the Charles E. Joseph Employment Law Scholarship, address the question “What is the most significant challenge facing workers’ rights, and what role should employment attorneys play in addressing that challenge?”

The most significant challenge facing workers rights today is the increasing and deeply ingrained power imbalance between workers and the corporations that profit off of their labor. This imbalance is not by accident, it is the product of decades of policy decisions, rulings, and economic restructuring. These decisions weakened collective power, decreased basic protections, and left low-wage workers, immigrant workers, and workers of color without meaningful rights or assistance. When broken down, we see this a social justice crisis in which a system has left people without stability, dignity, or safety. Employment attorneys play a vital role in challenging this imbalance not just through litigation, but through advocacy, education, and partnering with workers who lead movements. 

One of the most prevalent displays of this imbalance is workers being misclassified at a systemic level, particularly gig or freelance workers. DoorDash, Uber, and Amazon have business models that label workers as independent contractors. What this does is it strips the workers of minimum wage protections, unemployment insurance, overtime pay, and even the right to organize. And this is not innovative, it is exploitative, but packaged in a flexible job type. Misclassification harms marginalized workers at a disproportionate rate, Black and brown workers may be in more precarious job types, immigrant workers may have limited legal protections, and some women must balance caregiving. The shifts between job types and demographics have occurred too fast for law to keep up, leaving millions in a “gray zone” legally, where the risks of employment are prevalent but without protections. 

Another major challenge is the deterioration of collective bargaining power, which has undermined workers ability to advocate for themselves. For most of the 20th century, unions were the foundation for economic stability, particularly for Black workers who used collective bargaining to gain wages and protections that others denied them. However, decades of anti-union legislation, court decisions, and employer intimidation limited the scope of protected activity and weakened union reach. Simultaneously, new forms of organizing have formed, Starbucks baristas, fast-food employees, Amazon warehouse workers, and gig workers have filled in where unions were left behind. Their movements displayed that workers still have the ability and desire to organize, but the legal barriers they face suppress their power. 

Employment attorneys play a transformative role in addressing these challenges. First, they can use strategic litigation to define what “employee” means, challenge the misclassification systems, and hold corporations accountable for labor violations. Courts are more frequently challenging the contractor status if an employee is economically dependent on the company. Because of this, attorneys can build on this by bringing cases that display modern work, and push for more broad and protective standards. 

Second, employment attorneys have to aid in shaping policy reforms that reflect the contemporary labor market. This would include advocating for clearer definitions of employment, protections for workers that engage in collective action (whether they are in a traditional union or not), and stronger penalties for wage theft. Attorneys can also support legislation that provides gig workers and workers in risky fields with access to benefits that don’t put them into outdated categories.

The third thing attorneys must do is invest in worker empowerment, as well as educating workers on legal topics. Many workers do not know their rights, and this can push employers to exploit their lack of knowledge. Employment attorneys can also partner with community organizations, unions, and worker centers to provide support in grassroots organizing, accessible legal information, and help workers document violations. Through empowering workers to assert their rights, we can build a fairer labor system. 

Finally, employment attorneys can use a social justice approach that recognizes labor exploitation is inseparable from economic, gender, and racial inequality. Immigrant workers, workers of color, and women are represented at a disproportionate rate in low-wage, risk-filled jobs that misclassify, steal wages, and put them in unsafe conditions. Attorneys must also fight for reforms that address how these inequities intersect to ensure that laws protect them, instead of continuing historical exclusion. 

The most significant challenge facing workers rights is the increasing gap between the lives of workers and the law, which has been created by structural inequalities and corporate powers. Employment attorneys have the responsibility and the tool to help close that gap. Through advancing strategic litigation, empowering workers, shaping policy, and having a commitment to justice, attorneys can build a labor system that reflects each worker’s dignity and value. Workers’ rights depend on a legal profession that is willing to meet the contemporary moment with solidarity and clarity.

Reflections from Charles Joseph

Many of the important labor protections of the 20th century tried to address a massive power imbalance between workers and employers – an imbalance that led to tragedies like the Triangle Shirt Factory fire. As Brown argues, economic restructuring and policy choices have once again tipped the scales against workers. 

What can employment lawyers do in the face of this imbalance? Brown suggests centering social justice to break down structures of inequality. Fighting for immigrants, women, and people of color in the workplace can rebalance the scales.

Zoe Brown earned a bachelor’s in politics and international affairs from Wake Forest University. She will attend the Elon University School of Law in Fall 2026. Brown received an honorable mention for the 2026 Charles E. Joseph Employment Law Scholarship. Contact Brown on LinkedIn. 

Charles Joseph has over two decades of experience fighting for workers’ rights as an NYC employment attorney. He is the founding partner of Joseph and Kirschenbaum, a firm that has recovered over $200 million for clients.