Current Issue

Volume 18

When Timekeeping Software Undermines Compliance

Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

19 Yale J.L. & Tech. 1

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees’ hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees’ paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights.

Going Native: Can Consumers Recognize Native Advertising? Does it Matter?

David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

19 Yale J.L. & Tech. 77

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online.  The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising.  We explore whether respondents can distinguish native advertising and “regular” ads from unpaid content, using 16 native ads, 5 “regular” ads, and 8 examples of news/editorial content, drawn from multiple sources and platforms.