Predatory Employment Practices: A Legal and Constitutional Analysis

The workplace should be a bastion of liberty and dignity, yet predatory employment practices persist as modern-day tools of oppression. These practices, ranging from exclusionary clauses and invasive physical inspections to exploitative psychological exams, are not just unethical but, in many instances, unlawful. They violate the spirit and letter of our Constitution, as well as statutory protections designed to ensure fairness and equality in employment. Below is an elaboration on these practices, supported by precedent, to demonstrate their insidious nature and why they must be eradicated.

I. Exclusionary Clauses: Shackles in Disguise

Exclusionary clauses, such as non-compete agreements or restrictive covenants, trap workers in cycles of dependency, preventing them from seeking better opportunities. These clauses function as economic shackles, limiting mobility and bargaining power. While such agreements are often justified as protecting business interests, they frequently serve no purpose other than to suppress competition and exploit workers.

Precedent:

In Griggs v. Duke Power Co. (1971), the Supreme Court established the “disparate impact” theory under Title VII of the Civil Rights Act of 1964. The Court struck down Duke Power’s requirement for high school diplomas or aptitude tests because they disproportionately excluded Black workers from higher-paying positions without being relevant to job performance. Similarly, exclusionary clauses often have a disparate impact on vulnerable workers, perpetuating inequality without legitimate justification.

United Steelworkers v. Weber (1979) upheld voluntary affirmative action programs aimed at remedying historical discrimination. This case underscores the need to dismantle systemic barriers, such as exclusionary clauses, that perpetuate inequality in the workplace.

II. Invasive Physical Inspections: Echoes of Old-World Slavery

Invasive physical inspections are dehumanizing practices that harken back to the indignities of slavery, where enslaved individuals were subjected to degrading examinations to assess their “value.” In the modern workplace, such inspections violate employees’ privacy and dignity, reducing them to mere instruments of profit.

Precedent:

The Fourth Amendment’s protections against unreasonable searches apply in the employment context, as recognized in Katz v. United States (1967). While Katz dealt with wiretapping, its principle (that individuals have a reasonable expectation of privacy) extends to physical searches in the workplace.

Skinner v. Railway Labor Executives’ Association (1989) addressed drug testing by public employers and emphasized that even minimal intrusions on bodily integrity must meet constitutional scrutiny. Invasive physical inspections by private employers should be held to no less a standard when they degrade human dignity without compelling justification.

Skinner v. Railway Labor Executives’ Association was a landmark U.S. Supreme Court case decided on March 21, 1989. The case addressed the constitutionality of drug and alcohol testing for railroad employees in safety-sensitive positions. Key points about the case:

Background: The Federal Railroad Administration (FRA) implemented regulations requiring railroads to conduct blood and urine tests of employees involved in certain train accidents or violations of safety rules.

Legal challenge: Railway labor organizations filed suit, arguing the testing program violated the Fourth Amendment’s protection against unreasonable searches and seizures.

Lower court rulings: A federal district court initially upheld the program’s constitutionality, but the Ninth Circuit Court of Appeals reversed, finding it violated the Fourth Amendment.

Supreme Court decision: In a 7-2 ruling, the Supreme Court held that the FRA’s drug and alcohol testing program did not violate the Fourth Amendment.

Reasoning: The Court determined that the government’s compelling interests in ensuring railroad safety outweighed employees’ privacy concerns. It ruled that railroads did not need individualized suspicion before testing employees involved in accidents or safety violations.

Significance: This decision paved the way for random drug testing of public employees in safety-sensitive positions. It established that such testing could be considered reasonable under the Fourth Amendment, even without a warrant or probable cause.

Dissent: Justice Marshall, joined by Justice Brennan, dissented, arguing that the majority’s balancing test was too broad and subject to manipulation.

The Skinner ruling remains an important precedent in cases involving drug testing of employees and Fourth Amendment protections in the workplace.

The inclusion of cases like Skinner v. Railway Labor Executives’ Association and others in the context of drug testing is meant to highlight the constitutional boundaries of workplace practices, particularly those that intrude upon personal privacy. However, it’s important to clarify that Skinner and similar cases do not provide carte blanche for employers to conduct preliminary or routine drug testing without legal justification. Here’s a breakdown of why such practices may still run afoul of constitutional and statutory protections:

Fourth Amendment Protections:
The Fourth Amendment protects against unreasonable searches and seizures, and drug testing (particularly urine collection) has been recognized as a “search” under this framework (Skinner, 489 U.S. 602). While Skinner upheld suspicionless drug testing for railroad employees in safety-sensitive positions, it did so under narrow circumstances. The Court emphasized the “compelling government interest” in preventing accidents due to substance abuse in a highly regulated industry where public safety was at stake.

Routine or preliminary testing outside such narrowly defined contexts lacks the “special needs” justification required to bypass individualized suspicion. As the Court noted in National Treasury Employees Union v. Von Raab (1989), suspicionless testing must be tied to a specific occupational nexus, such as carrying firearms or handling classified materials.

Public vs. Private Employers:
Public employers are bound by constitutional constraints, including the Fourth Amendment, which requires a compelling justification for drug testing (Chandler v. Miller, 1997). Private employers, while not directly bound by the Fourth Amendment, must still comply with state laws and federal statutes like the Fair Credit Reporting Act (FCRA), which require written consent and transparency in drug-testing policies.

State Law Variability:
Many states impose additional restrictions on drug testing by private employers. For example, California requires that testing be conducted in a manner that respects employee privacy and dignity. States like Texas allow broad discretion for private employers but still mandate written consent and adherence to company policies.

Discrimination Concerns:
Drug testing policies that disproportionately target certain groups whether based on race, gender, or other protected characteristics may violate Title VII of the Civil Rights Act of 1964 (Griggs v. Duke Power Co., 1971). Employers must ensure that their policies are applied uniformly and do not have a disparate impact on specific demographics.

II. Precedent Supporting Limitations on Drug Testing

Chandler v. Miller (1997):
The Court struck down Georgia’s law requiring drug tests for candidates running for public office, ruling that it lacked a compelling government interest and violated the Fourth Amendment. This case underscores that suspicionless testing is permissible only under narrowly tailored circumstances.

Ferguson v. City of Charleston (2001):
The Court held that a hospital’s policy of drug testing pregnant women without their consent violated the Fourth Amendment because it was conducted for law enforcement purposes rather than legitimate medical reasons.

National Treasury Employees Union v. Von Raab (1989):
While upholding suspicionless drug testing for Customs Service employees in sensitive positions, the Court emphasized that such programs must be justified by “special needs” beyond general law enforcement.

Katz v. United States (1967):
Though not directly about drug testing, Katz established the principle that individuals have a reasonable expectation of privacy, a principle that applies to bodily searches like urine collection.

Skinner v. Railway Labor Executives’ Association (1989):
While upholding suspicionless testing for railroad employees involved in accidents or safety violations, Skinner explicitly limited its scope to situations where public safety was at risk and where the government’s interest outweighed individual privacy concerns.

III. Why Predatory Practices Are Unlawful

Routine or preliminary drug testing conducted without individualized suspicion or a compelling justification often crosses constitutional boundaries:

Unreasonable Search: Testing all employees indiscriminately fails to meet the Fourth Amendment standard unless tied to specific safety concerns (Chandler, Skinner).

Violation of Privacy: The invasive nature of urine collection and other forms of testing implicates fundamental privacy rights (Ferguson, Katz).

Disparate Impact: Policies that disproportionately affect certain groups may violate anti-discrimination laws (Griggs, Meritor Savings Bank v. Vinson, 1986).

State Law Protections: States like California impose stricter requirements on how and when drug tests can be conducted.

Conclusion

While Skinner and related cases provide a framework for permissible drug testing under specific conditions, they do not justify blanket policies of preliminary or routine testing without individualized suspicion or compelling justification tied to job duties or public safety concerns. Employers who engage in such practices risk violating constitutional protections, state laws, and federal statutes designed to safeguard employee rights.

Employers must tread carefully when implementing drug-testing programs, ensuring they are narrowly tailored, non-discriminatory, and respectful of employee privacy and dignity. Anything less risks transforming workplaces into surveillance states, a result wholly incompatible with our constitutional values.

III. Intrusive Psychological Exams: Tools of Control

Psychological exams that probe into employees’ mental states are modern tools for control, akin to the mental manipulation used to “break” enslaved individuals. These exams often serve no legitimate purpose beyond identifying vulnerabilities that employers can exploit.

Precedent:

In Meritor Savings Bank v. Vinson (1986), the Supreme Court recognized that creating a hostile work environment constitutes a violation of Title VII. Intrusive psychological exams can contribute to such environments by subjecting employees to undue stress and humiliation.

Bostock v. Clayton County (2020) reaffirmed that discrimination based on personal characteristics whether race, sex, or mental health is impermissible under Title VII. Psychological exams that disproportionately burden certain groups may fall afoul of this principle.

IV. Predatory Employment Leading to Predatory Lending

Low wages and exploitative employment practices often force workers into predatory lending arrangements, creating a vicious cycle of economic dependency reminiscent of debt peonage, a practice explicitly condemned by the Thirteenth Amendment.

Precedent:

In Bailey v. Alabama (1911), the Court struck down laws criminalizing breaches of labor contracts when they effectively compelled labor through economic coercion. Predatory lending arrangements tied to exploitative employment practices create similar conditions, trapping workers in cycles of debt and servitude.

The Thirteenth Amendment’s prohibition on “badges and incidents” of slavery, as interpreted in Jones v. Alfred H. Mayer Co. (1968), empowers Congress to legislate against systemic practices that perpetuate economic subjugation.

V. Hostile Work Environments: A Broader Context

Predatory practices also contribute to hostile work environments that undermine employee well-being and productivity.

Precedent:

In Harris v. Forklift Systems, Inc. (1993), the Court held that a workplace permeated with discriminatory behavior violates Title VII if it creates an objectively hostile or abusive environment. Predatory practices, whether through exclusionary clauses or invasive inspections similarly poison workplace culture.

Pennsylvania State Police v. Suders (2004) extended this principle by recognizing constructive discharge claims when intolerable working conditions force employees to resign.

VI. The Constitutional Imperative

These predatory practices are not merely unfair; they are unconstitutional when they infringe upon fundamental rights guaranteed by the Fourth Amendment, Title VII, and the Thirteenth Amendment’s prohibition on involuntary servitude. As Justice Scalia noted in Oncale v. Sundowner Offshore Services (1998), “statutory prohibitions often go beyond the principal evil.” Just as Title VII was extended to same-sex harassment in Oncale, so too must it be applied broadly to eradicate all forms of workplace exploitation.The Constitution does not tolerate half-measures when it comes to liberty or dignity. Employers who engage in these predatory practices are not merely violating statutes; they are undermining the very fabric of our Republic.

Predatory employment practices, from exclusionary clauses to invasive inspections, are relics of an oppressive past that have no place in a free society. They violate constitutional principles, statutory protections, and basic human decency. It is time for the Court and for Congress to act decisively to uproot these injustices and restore dignity to every American worker.

Here is a comprehensive list of predatory employment practices as they apply to the U.S. workforce, based on labor laws, regulations, and precedents:

I. Discrimination and Harassment

Predatory employment often involves discriminatory or harassing practices that undermine employee rights and dignity.

Discrimination: Treating employees or job applicants unfairly based on protected categories such as race, color, religion, sex (including gender identity and sexual orientation), national origin, age (40 or older), disability, genetic information, or marital status is illegal under Title VII of the Civil Rights Act and other federal and state laws.

Examples include denying promotions, unequal pay, or refusing to hire based on these characteristics.

Harassment: Unwelcome conduct (such as offensive jokes, name-calling, intimidation, or physical threats) based on protected categories is unlawful when it creates a hostile work environment or results in adverse employment actions like demotion or termination.

Sexual Harassment: Includes unwelcome sexual advances, requests for sexual favors, or offensive comments about someone’s sex. It becomes unlawful when it creates a hostile work environment or leads to adverse employment decisions.

Retaliation: Employers cannot retaliate against employees for reporting discrimination or harassment, participating in investigations, or asserting their legal rights. Retaliation includes firing, demotion, denial of benefits, or intimidation.

II. Unfair Labor Practices

Unfair labor practices (ULPs) are actions by employers that violate employee rights under the National Labor Relations Act (NLRA).

Interference with Union Activity: Employers cannot interfere with employees’ rights to organize, form unions, or engage in collective bargaining. Examples include prohibiting union-related discussions during non-work hours or threatening employees for union involvement.

Employer Domination of Unions: Creating “sham unions” controlled by management to undermine legitimate labor organizations is prohibited.

Discrimination Based on Union Activity: Employers cannot discriminate against employees for joining unions or participating in union activities. This includes firing or demoting employees due to their union affiliation.

Retaliation for Filing Complaints: Employers cannot retaliate against workers who file complaints with the National Labor Relations Board (NLRB) or participate in investigations.

Bad Faith Bargaining: Employers must negotiate in good faith with unions over wages, hours, and working conditions. Refusing to bargain or making unilateral changes without union consent violates the NLRA.

Hot Cargo Agreements: Agreements between employers and unions to stop doing business with certain parties are prohibited under the NLRA.

III. Coercion and Exploitation

Predatory employers often use coercive tactics to exploit workers.

Exclusionary Clauses: Non-compete agreements that unreasonably restrict an employee’s ability to work for competitors or start their own business can be predatory and are increasingly scrutinized by regulators like the FTC.

Wage Theft: Withholding wages, misclassifying employees as independent contractors to avoid paying benefits, or failing to pay overtime are forms of exploitation that violate the Fair Labor Standards Act (FLSA).

Invasive Monitoring: Excessive surveillance of employees’ personal activities, such as monitoring private communications, can create a hostile environment and infringe on privacy rights.

Invasive Physical Inspections: Requiring invasive physical checks without legitimate justification can violate employee dignity and privacy.

Psychological Manipulation: Forcing employees into intrusive psychological evaluations without cause can be seen as a tool of control rather than a legitimate workplace requirement.

Coerced Political Activity: Employers cannot coerce employees into political activity or retaliate against them for refusing to engage in such activities.

IV. Economic Exploitation

Economic predation often traps workers in cycles of dependency.

Low Wages/No Benefits: Paying poverty-level wages while denying benefits like healthcare creates economic insecurity and dependence on predatory lending practices.

Predatory Lending Tied to Employment: Some employers exploit workers by offering loans with high interest rates tied to continued employment.

Zero-Hours Contracts/On-Call Work: While not explicitly termed “zero-hours contracts” in the U.S., on-call work arrangements that provide no guaranteed hours can leave workers financially insecure while benefiting employers who avoid labor costs like benefits.

Misclassification of Workers: Misclassifying employees as independent contractors denies them access to benefits like minimum wage protections, unemployment insurance, and workers’ compensation.

V. Workplace Hostility

Hostile environments are another hallmark of predatory employment practices.

Hostile Work Environment: Persistent intimidation, humiliation, or degradation of employees creates conditions that force them out without formal termination, a tactic known as constructive discharge.

Favoritism/Nepotism: Giving unauthorized preference to certain employees while disadvantaging others undermines workplace fairness and morale.

VI. Remedies for Predatory Practices

Employees harmed by predatory employment practices have several avenues for recourse:

-File complaints with the Equal Employment Opportunity Commission (EEOC) for discrimination and harassment claims.

-Report unfair labor practices to the National Labor Relations Board (NLRB).

-Pursue legal action under state laws that offer additional protections beyond federal statutes.

-Seek remedies such as reinstatement, back pay, damages for emotional distress, and penalties against employers found guilty of violations.

-Turnout fully trained and slightly seasoned attorneys from every high school in the land.

Predatory employment practices exploit vulnerabilities in the workforce by violating fundamental rights such as fair treatment, privacy, and economic security. Federal laws like Title VII of the Civil Rights Act and the NLRA provide robust protections against these abuses but require vigilant enforcement through agencies like the EEOC and NLRB. Employers engaging in such practices not only harm individual workers but also undermine market competition and economic stability, a result wholly incompatible with American principles of fairness and equality under the law.

The term “predatory employment” has been used in legal contexts outside of discrimination and harassment, particularly in cases involving labor market abuses, antitrust violations, and exploitative employment practices. Below is a detailed explanation of how the concept of predatory employment has been applied in these contexts:

1. Labor Market Exploitation

Predatory employment has been identified in cases where employers exploit vulnerable workers, such as migrant laborers or low-wage employees, through deceptive and abusive practices.

Migrant Worker Exploitation: In lawsuits involving TN visa workers, companies were accused of luring skilled Mexican engineers to the U.S. with false promises of high-paying jobs, only to subject them to low-wage manual labor under exploitative conditions. These workers faced wage theft, overcrowded employer-provided housing, and threats for raising concerns about their treatment. Such practices highlight predatory employment targeting vulnerable populations.

Employment Agencies: Predatory employment agencies have also been flagged for exploiting unemployed or underemployed job seekers by charging exorbitant fees, offering fake job opportunities, or placing workers in poor conditions. For example, New York City’s crackdown on such agencies led to the creation of a “Job Hunter’s Bill of Rights” to protect job seekers from these practices.

2. Antitrust Violations

Predatory employment has been linked to anticompetitive practices that harm labor markets and worker mobility.

No-Poach Agreements: Agreements between companies not to recruit or hire each other’s employees are considered predatory because they suppress competition for workers, limit job mobility, and depress wages. The DOJ and FTC have classified such agreements as per se illegal under antitrust laws, even if no direct harm (e.g., lower wages) can be proven.

Wage-Fixing Agreements: Employers that collude to set wages at artificially low levels also engage in predatory employment practices. Such agreements harm workers by depriving them of fair pay and the ability to negotiate better terms.

Training Repayment Agreements (TRAPs): Provisions requiring employees to repay excessive training costs if they leave a job are increasingly scrutinized as predatory. These agreements can trap workers in low-paying jobs by imposing financial penalties for seeking better opportunities.

Non-Solicitation Clauses: Broad non-solicitation agreements that prevent employees from seeking work with competitors or starting their own businesses are considered restrictive and predatory when they impede worker mobility or suppress competition.

3. Deceptive Employment Practices

False promises and misleading claims about job opportunities or earnings potential are another form of predatory employment.

False Earnings Claims: The FTC has taken action against companies like Amazon, Uber, and Grubhub for advertising inflated earnings potential to attract workers while failing to deliver on those promises. Such practices violate federal laws against unfair, deceptive, or abusive acts or practices (UDAAP).

Misclassification of Workers: Misclassifying employees as independent contractors denies them access to benefits like minimum wage protections, overtime pay, and health insurance. This practice is often used by gig economy platforms to cut costs at the expense of worker rights.

4. Monopsony Power

Predatory employment also arises when employers hold monopsony power, where one or few employers dominate a labor market, allowing them to impose unfair terms on workers.

Restrictive Conditions: Employers with monopsony power may impose restrictive conditions like non-competes or exit fees that prevent workers from leaving for better opportunities. These conditions harm competition by limiting worker mobility and suppressing wages.

Impact on Competition: The DOJ and FTC have noted that predatory employment practices harm not only workers but also competition for goods and services by raising barriers for new businesses and depriving existing businesses of talent needed to compete.

5. Broader Implications

Predatory employment practices do not just harm individual workers; they also have systemic effects on labor markets and economic fairness:

• Suppression of Wages: By restricting worker mobility and competition, these practices artificially depress wages across entire industries.
• Barriers to Entry: Predatory practices raise barriers for smaller businesses that cannot compete with larger firms exploiting labor markets.
• Undermining Worker Rights: Practices like wage theft, forced arbitration clauses, and retaliatory actions against whistleblowers erode fundamental worker protections.

Examples from Legal Cases:

1. The lawsuits involving TN visa workers illustrate how predatory employment can target vulnerable populations through false promises and exploitative conditions.
2. DOJ enforcement actions against wage-fixing and no-poach agreements demonstrate how antitrust laws are used to combat predatory behavior in labor markets.
3. FTC actions against companies making false earnings claims highlight the regulatory focus on deceptive employment practices.

Predatory employment encompasses a wide range of exploitative practices beyond discrimination and harassment. It includes antitrust violations like wage-fixing and no-poach agreements, deceptive recruitment tactics, monopsonistic control over labor markets, and restrictive contractual provisions like TRAPs or non-competes. These practices harm workers by limiting their economic freedom, suppressing wages, and undermining fair competition in labor markets.Regulatory agencies like the DOJ, FTC, and state governments are increasingly scrutinizing these behaviors under antitrust laws and consumer protection statutes. However, continued vigilance is necessary to ensure that labor markets remain competitive and that workers are protected from exploitation.

Monopsony?

The legal definition of monopsony is “a market with only one buyer”. This gives the single buyer significant price control and market power. More specifically, a monopsony refers to a market condition where there is only one buyer or one dominant buyer for a particular good or service. In a monopsony, the buyer has substantial control over the market and can influence prices and terms to their advantage. Key characteristics of a monopsony include:

1. Single dominant buyer in the market
2. Ability to control prices and purchasing terms
3. Power to set wages if the monopsony involves a labor market
4. Potential to lower prices below competitive levels

Monopsony is often contrasted with monopoly. While a monopoly involves a single seller controlling the supply side, a monopsony involves a single buyer controlling the demand side of a market.

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Here are some real-world examples of monopsonies across different industries and markets, particularly in the U.S. labor market and product markets:

1. Labor Market Monopsonies

Monopsony power in labor markets occurs when a single employer (or a small group of employers) dominates the hiring process, giving them disproportionate control over wages and working conditions.

• Coal Mining Towns: A classic example is a coal mine owner in a remote town where coal mining is the primary source of employment. Workers have few or no alternative employers, allowing the company to suppress wages and dictate terms of employment.
• Professional Baseball Pre-1976: Major League Baseball operated as a monopsony under the “reserve clause,” which bound players to their teams indefinitely. This prevented players from negotiating with other teams and suppressed wages. The elimination of the reserve clause in 1976 led to free agency and significantly higher salaries.
• Nurses and Teachers: In many regions, nurses and teachers face limited employment options due to geographic isolation or employer concentration. For example, nurses are often employed by a single dominant hospital system in smaller cities, while teachers are restricted by school district boundaries.
• Tech Industry: Large tech companies like Amazon, Google, and Apple have been accused of exercising monopsony power over engineers and other specialized workers. Wage suppression through alleged no-poach agreements between major tech firms has been a significant issue, as seen in lawsuits alleging collusion to limit employee mobility.

2. Product Market Monopsonies

Monopsony power in product markets arises when one buyer dominates the purchasing process, allowing them to dictate prices and terms to suppliers.

• Grape Growers and Ernest & Julio Gallo: The wine conglomerate Ernest & Julio Gallo has been accused of being a monopsony in the grape market. Their dominance forces grape growers to accept lower prices and unfavorable terms because they have few alternative buyers.
• Farmers and Grocery Stores: Farmers often face monopsony-like conditions when selling produce to large grocery store chains. For example, big supermarkets can demand lower prices for milk or other agricultural products because farmers have limited alternative buyers.
• Amazon’s Book Market: Amazon exerts significant monopsony power in the book market as one of the largest buyers of books from publishers. Publishers often have no choice but to sell at discounted rates to Amazon or risk losing access to its massive distribution network.

3. Government as a Monopsonist

The government can act as a monopsony in certain labor markets or procurement processes.

• Public Sector Employment: The government is effectively a monopsonist for civil servants, military personnel, police officers, and other public sector roles. For example, individuals seeking employment as police officers or soldiers typically have only one buyer for their labor, the government.
• Healthcare Systems: In single-payer healthcare systems (e.g., Medicare), the government acts as the sole buyer of healthcare services from providers like hospitals and doctors. This gives it significant bargaining power over pricing and reimbursement rates.

4. Other Examples

• College Athletes: The NCAA operates as a monopsony by limiting what college athletes can earn while benefiting from their labor. Despite generating substantial revenue for universities, athletes are restricted from receiving fair compensation for their contributions.
• Mechanical Turk (Amazon): Amazon’s Mechanical Turk platform is an example of monopsony in gig work. Workers often have few alternatives for similar types of microtasks, allowing Amazon to set low pay rates without much competition.

Characteristics of Monopsonies

Across these examples, several common features emerge:

1. Limited Alternatives for Sellers/Workers: Whether it’s employees in remote towns or farmers with perishable goods, limited options force sellers into unfavorable terms.
2. Wage Suppression: In labor markets, monopsonists can set wages below competitive levels because workers lack alternative employers.
3. Price Control: In product markets, monopsonists can demand lower prices from suppliers due to their dominant buyer position.
4. Market Inefficiencies: Monopsonies often result in reduced output or lower quality because sellers cannot invest adequately when prices or wages are suppressed.

Legal Implications

Monopsonistic practices can raise antitrust concerns under U.S. laws like the Sherman Act if they harm competition:

• Wage suppression through no-poach agreements has been challenged by the DOJ.
• Excessive price control over suppliers may lead to investigations if it stifles competition or innovation.

While not inherently illegal, monopsony power becomes problematic when it leads to exploitation or anti-competitive practices that harm workers, suppliers, or consumers. These examples illustrate how monopsony power manifests across industries and its broader implications for economic fairness and competition.

Source: Microsoft Copilot