Samantha J. Prince
Associate Professor of Law and Director of Legal Analysis and WritingSamantha Prince is an associate professor of law and the director of Legal Analysis & Writing. Her research and scholarship focus on outdated employee benefits laws negatively impacting workers in our evolving world. Prof. Prince has primarily written on 401(k) retirement benefits and has therefore been dubbed by the media as “an expert in company benefit schemes” and a “expert on retirement plans.” Her goal is to shed light on current issues so that change can happen. For instance, Professor Prince has analyzed the current 401(k) plan rules, such as the permissible vesting schedules to show the negative impact on retirement savings during a time when workers are more transient. As part of this research, Professor Prince illuminated how employee churn, which can be deliberate and part of the business model in some businesses like Amazon, negatively impacts workers, particularly those of color, from the standpoint of their 401(k) retirement savings. Her work continues to focus on the unfairness of 401(k) vesting schedules. Professor Prince has also advocated for employee benefits transparency and the need for companies to stop “benefits washing” through her scholarship. Her work in this area was recently spotlighted in two Forbes’ articles. Professor Prince has written on the taxation of abortion-related travel benefits. In a recent article, she discussed the difficulties associated with travel to obtain reproductive care, as well as the tax ramifications of employers providing travel benefits. Additionally, Professor Prince has published articles regarding the platform economy. Workers are not easily classified as either employees or independent contractors. Professor Prince has written on myriad issues pertaining to Uber, Lyft, Doordash, and other app-based companies. Professor Prince embraces opportunities to advise on important employment law and employee benefits issues by submitting comments to federal agencies. She has written to the U.S. Dept. of Treasury, U.S. Dept. of Labor, and the U.S. Federal Trade Commission on various issues including 401(k) vesting schedules and non-competes. Professor Prince founded and moderates “Inside Entrepreneurship Law” — a blog featuring posts written by students that provide helpful legal information to entrepreneurs and their counsel. Additionally, she implemented mobile student-led entrepreneurial workshops on various topics. Professor Prince’s interests in partnering with entrepreneurs stem from her extensive practice experience. For over 20 years, she partnered with entrepreneurs during their start-up phases and beyond. At Hedger and Hedger, a boutique transactional law firm, she handled business transactions, including tax, contracts (domestic and international), mergers/acquisitions, employee classification issues, and securities offerings (private and public). She also represented a company through its IPO and afterward as the primary drafter of its securities disclosure documents. A significant part of her practice was in employee benefits including retirement plan design and operation. Professor Prince brings her expertise in this area to her scholarship. Select Publications by Professor Prince The Effects of 401(k) Vesting Schedules — In Numbers, 134 Yale L. J. F. 1 (2024) (with Tim Azizkhan, Cassidy R. Prince, and Luke Gorman). “An LLC by Any Other Name Is Still Not a Corporation,” 54 Seton Hall L. Rev. 1105 (2024) (with Joshua P. Fershee) “Deducting Dobbs: The Tax Treatment of Abortion-Related Travel Benefits,” 98 Tul. L. Rev. 1 (2023) (lead article) “Megacompany Employee Churn Meets 401(k) Vesting Schedules: A Sabotage on Workers’ Retirement Wealth,” 41 Yale L. & Pol’y Rev. 1 (2022)(lead article). “Employee Turnover & Partial Plan Terminations,” 6 NYU Review of Employee Benefits 1 (2022). “The Shoe Is About to Drop: Understanding the Current Worker Classification Landscape in Preparation for a Changed World,” 52 Mem. L. Rev. 101 (2022). “The AB5 Experiment — Should States Adopt California’s Worker Classification Law?,” 11 Am. Univ. Bus. L. Rev. 43 (2022).
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Prince’s Publications
“An LLC by Any Other Name Is Still Not a Corporation,” 54 Seton Hall L. Rev. 1105 (2024) (with Joshua P. Fershee)
“Deducting Dobbs: The Tax Treatment of Abortion-Related Travel Benefits,” 98 Tul. L. Rev. 1 (lead article) 2023.
Megacompany Employee Churn Meets 401(k) Vesting Schedules: A Sabotage on Workers’ Retirement Wealth, 41 Yale L. & Pol’y Rev. 1 (2022) (lead article).
Employee Turnover & Partial Plan Terminations, New York Univ. Review on Employee Benefits and Executive Compensation (2022).
The Shoe Is About to Drop: Understanding the Current Worker Classification Landscape in Preparation for a Changed World, 52 Mem. L. Rev. 101 (2022).
The AB5 Experiment — Should States Adopt California’s Worker Classification Law? 11 Am. Univ. Bus. L. Rev. 43 (2022).
ENTREPRENEURSHIP LAW: OPERATIONAL ISSUES — Open access textbook
ENTREPRENEURSHIP LAW: COMPANY CREATION — Open access textbook
Prince’s Presentations and Panels
Presenter/Panelist, American Association of Law Schools (AALS) Employee Benefits and Executive Compensation
Section, January 2024. Presentation on “Emerging Issues in Retirement Equity”
Presenter, Colloquium on Scholarship in Employment and Labor Law, October 2023. Article presentation on
“Employee Benefits Transparency”
Presenter, National Business Law Scholar Conference, June 2023. Article presentation on “Sliding into Second Base:
Inching Toward that Middle Ground Between Employee and Independent Contractor”
Presenter, Dickinson Law Race & Equal Protection of the Laws Feb. 2023. Presentation on “Megacompany Employee
Churn Meets 401(k) Vesting Schedules: A Sabotage on Workers’ Retirement Wealth”
Presenter, American Association of Law Schools (AALS) New & Emerging Voices in Workplace Law, Jan. 2023.
Article presentation on “Post-Dobbs Abortion-related Travel Benefits”
Prince’s Relevant Activities
Letter to U.S. Department of Treasury suggesting that the IRS add the elimination of 401(k) plan vesting schedules to its 2024-25 Priority Plan.
Letter to U.S. Department of Treasury, Department of Labor, and Pension Benefit Guaranty Corporation outlining the need for clear, uniform 401(k) benefits disclosures in job postings and on company websites.
Letter to U.S. Department of Treasury advising that 401(k) vesting schedules exacerbate people’s ability to achieve financial well-being and health.
Letter to U.S. Federal Trade Commission supporting the ban on non-competes.
Letter to U.S. Department of Labor regarding its worker classification proposed rule for FLSA purposes.
Entrepreneurship Faculty Advisor, Penn State Dickinson Law, Law Certificate Faculty and Legal Advisor
Led the inaugural Veteran Entrepreneur Legal Pop-up Clinic held at Dickinson Law in collaboration with Dauphin County Bar Association and the Eastern Pennsylvania Small Business Association district of the U.S. Small Business Administration.
Presenter for the U.S. Small Business Association Boots to Business Program — Carlisle Army Barracks (quarterly since 2019).
2022 — Grant recipient from Penn State Teaching and Learning with Technology Innovation to create an open-source textbook for the course, Entrepreneurship Law: Operational Issues.
2021 — Grant recipient from Penn State Teaching and Learning with Technology Innovation to create an open-source textbook for the course, Entrepreneurship Law: Company Creation
The American Bar Association has granted conditional approval for Penn State Dickinson Law and Penn State Law to reunify and operate as Penn State University’s single law school under the name Penn State Dickinson Law with locations in Carlisle and University Park. Danielle M. Conway is the dean of the unified Penn State Dickinson Law, which will enroll a unified class in fall 2025.