This is the first in a two-part post about the Remedy Clause. This post provides a general overview, while the next will go into more detail about future use cases.
In recent years, there has been a resurgence of interest in state constitutionalism within the realm of labor and employment law. As advocates and scholars seek to embed stronger protections for workers within state constitutions, one promising yet underexplored provision is the Right to Remedy Clause. Despite being enshrined in some form in 40 state constitutions, this clause has attracted little sustained attention from courts or legal scholars. Unlike well-established constitutional doctrines such as Equal Protection or Due Process, the Right to Remedy has generated minimal case law and lacks a federal analog or rich legislative history. This ambiguity surrounding its purpose and scope has led to varying interpretations across states—but therein lies its potential.
Precisely because the doctrinal slate is relatively blank, the Right to Remedy Clause presents a valuable opportunity to expand and entrench the scope of rights available to workers. Furthermore, in the absence of federal guidance, state courts frequently look to one another’s decisions when interpreting their own clauses. A robust doctrine developed in one jurisdiction could therefore ripple outward to other courts across the country.
The origins of the Remedy Clause trace back to Chapter 29 of the...
NEW HAVEN, Conn., June 18, 2025 /PRNewswire/ -- Wiggin and Dana is pleased to announce the launch of its new False Claims Act (FCA) Defense and Compliance Practice Group, created in response to a s...