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Articles 1 - 30 of 119
Full-Text Articles in Entire DC Network
Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen
Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen
Nevada Supreme Court Summaries
Appeal from a district court order denying a petition for judicial review in a workers’ compensation matter.
Atlantic Pilotage Authority V Cmsg, Innis Christie
Atlantic Pilotage Authority V Cmsg, Innis Christie
Innis Christie Collection
INTRODUCTION. The "RESOLUTION OF CONTRACT RENEWAL DISPUTES AGREEMENT" of April 24, 2003 between the parties, under which I am proceeding here, provides: The purpose of this agreement is to establish a binding dispute resolution process to be utilized in circumstances where the parties have engaged in collective bargaining for the purpose of entering into a collective agreement but have failed to reach a settlement. Under such circumstances the following process shall be used to conclude all outstanding issues for the renewal of the collective agreement:
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Suffolk University Law School Faculty Works
How is it possible that sex-specific workplace dress and appearance codes do not constitute sex discrimination? I argue in this article that the general doctrines of employment discrimination law do not themselves provide a principled basis for distinguishing sex-dependent workplace dress codes from other kinds of policies that would clearly count as sex discrimination, and that supplementary strategies that courts have used to carve out dress and grooming codes as an area of separate concern are either inconclusive or question-begging. I then consider whether the courts' seemingly sui generis approach to sex-dependent restrictions on dress and grooming can be justified …
Re Cupe And Canadian Staff Union (Reynolds), Innis Christie
Re Cupe And Canadian Staff Union (Reynolds), Innis Christie
Innis Christie Collection
The Employer posted a position located in Halifax. The Grievor was denied the position because he was not prepared to relocate to Halifax due to family responsibilities. The Union grievance alleged that the Employer breached the Collective Agreement which prohibits discrimination based on marital status and place of residence, and that the Grievor's request to commute should have been accommodated. The Employer believed the position needed to be located in Halifax and that commuting from Newfoundland would not be effective.
Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore
Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?
Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie
Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie
Innis Christie Collection
The Union and Grievor believe the Employer discriminated against the latter by not returning him to an agreed position after an absence due to illness. They also believe the Employer failed to accommodate the Grievor's return to the work. The remedy requested was a return to his former position, or to the agreed position after his illness, and damages. The Employer was concerned about both legal and moral issues in the event that the Grievor was not able to fully perform his duties.
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Law Faculty Publications
Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
UF Law Faculty Publications
When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Union grieved that the Employer has not provided sunglasses to outside workers. The Union wishes a declaration that there was a breach of the Collective Agreement and the "Canada Labour Code" and also wants the Employer ordered to provide an allowance for the sunglasses. The Employer does not accept the Union's position.
Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler
Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler
Memos and Fact Sheets
Employees have shown a great desire for flexible work arrangements (FWAs). National data reveals that nearly 80% of workers say they would like to have more flexible work options and would use them if there were no negative consequences at work. However, most workers do not have access to flexible work arrangements and barriers to their effective implementation persist in many organizations as the following nationally representative employer-based survey data reveals.
The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic
The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic
Memos and Fact Sheets
In 2002, the United Kingdom passed new legislation granting employees with young or disabled children the right to request flexible work arrangements from their employers. The law does not guarantee a right to flexible working but seeks to increase flexibility in UK workplaces by requiring a process for negotiation between employees and employers. Stated simply, that process places the initial responsibility on the employee to propose a new work arrangement and explain its potential impact on the employer. The employee and employer must then consider the request together, and the employer may refuse the request only for certain business reasons.
Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center
Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Many people think of workplace flexibility as flexibility that is provided on a long term, regular basis — for example, flexibility provided through alternative work schedules, compressed workweeks, or part time positions. Under Workplace Flexibility 2010’s conceptualization, however, workplace flexibility also includes the ability to address day-to-day life needs on a short term basis.
Short term needs for flexibility are numerous: to recover from an illness; take care of a sick child; attend a school conference, funeral or medical appointment; wait for a repair person; or appear in court. Some needs may be anticipated; others will arise unexpectedly.
Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center
Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Many employees today have ongoing, predictable demands on their time outside of work. These demands may include dependent children, an ill family member, a long commute, a desire for increased education, or a commitment to community or religious activities. To meet these demands, and to get a paying job done, such individuals often need to work at a different time or in a different place than the traditional “9 am to 5 pm, five days/week, face time at the workplace” rubric.
In response to employee and employer needs and preferences, some employers provide what we call “Flexible placethat work gets …
Re Canada Post Corp And Cupw (Betts), Innis Christie
Re Canada Post Corp And Cupw (Betts), Innis Christie
Innis Christie Collection
The Union claims that the discharge of the Grievor was without sufficient cause. The Union raised a preliminary objection; stating that the letter of termination did not disclose sufficient reason to support dismissal. The Union also believed too much time had lapse between the offense and the discharge letter.
Re Izaak Walton Killam Health Centre And Nsgeu (P-05121), Innis Christie
Re Izaak Walton Killam Health Centre And Nsgeu (P-05121), Innis Christie
Innis Christie Collection
This is a union policy grievance regarding the Employer's approach to the compensation of employees for time lost on storm days. The Employer was compensating only if the time lost was for less than two hours. The Union believed that the Employer should pay for the first two hours. The Union seeks full redress, including retroactive compensation. The Employer agreed to the requested remedy if the Grievance is successful.
The grievance fails. The Union could not prove its interpretation of the relevant clauses of the Collective Agreement.
Data Note: Wia Employment Outcomes, Frank A. Smith
Data Note: Wia Employment Outcomes, Frank A. Smith
Data Note Series, Institute for Community Inclusion
The Workforce Investment Act (WIA) requires One-Stop system partners who provide employment services funded by the U.S. Department of Labor to report data on performance measures. These data include the rate of customers entering employment, their employment retention rate, and their rate of earning a work credential. WIA tracks a number of funding streams for different audiences. This Data Note focuses on adults in the general population and dislocated workers.
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Faculty Publications
In this article we focus on a related issue. We discuss the development of blogs, and the virtual “space” where blogs and bloggers interact the “blogosphere” and their impact on the issue of workers' privacy. To some extent it would seem a bit of a contradiction to talk about privacy and blogging in the same article. Blogging, as we will discuss below, does not appear to be the most private of enterprises. There are, we argue, a number of interesting privacy issues raised by the development of blogs as an employee communication tool and by the way employers have reacted …
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn
Research to Practice Series, Institute for Community Inclusion
This brief discusses the declining amount of reimbursement paid to public VR agencies from federal fiscal year (FFY) 2002 to FFY 2005 by considering the impact that fewer claims submitted and a rising SGA level may have on the amount of reimbursement paid.
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research to Practice Series, Institute for Community Inclusion
Where do people with mental retardation and developmental disabilities work? What are their hours, wages, and benefits? This brief covers partial results from a survey that gives a snapshot of the outcomes for recently employed people with developmental disabilities.
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore
Data Note Series, Institute for Community Inclusion
The Supplemental Security Income program (SSI) administered by the Social Security Administration provides cash assistance to low-income individuals who are seniors, blind, or have a disability.
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
Publications and Research
Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …
Re Canada Post Corp And Cupw (Bock), Innis Christie
Re Canada Post Corp And Cupw (Bock), Innis Christie
Innis Christie Collection
Union grievances, submitted on February 15, 2006, on behalf of Anita Bock and Earl Molyneaux alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer violated Article 21.03 by unreasonably withholding special leave for February 1, 2006, when the Grievors did not report to work because of major snow storm. The Union sought an order that the Employer pay damages to compensate the Grievors for what they lost because they were not granted special leave with pay on that day.
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …
Exploitation Or Fun?: The Lived Experience Of Teenage Employment In Suburban America, Yasemin Besen-Cassino
Exploitation Or Fun?: The Lived Experience Of Teenage Employment In Suburban America, Yasemin Besen-Cassino
Department of Sociology Faculty Scholarship and Creative Works
Objectivist scholars characterize typical teenage jobs as “exploitive”: highly routinized service sector jobs with low pay, no benefits, minimum skill requirements, and little time off. This view assumes exploitive characteristics are inherent in the jobs, ignoring the lived experience of the teenage workers. This article focuses on the lived work experience of particularly affluent, suburban teenagers who work in these jobs and explores the meaning they create during their everyday work experience. Based on a large ethnographic study conducted with the teenage workers at a national coffee franchise, this article unravels the ways in which objectivist views of these “bad …
Sharing The Costs, Reaping The Benefits: Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews
Sharing The Costs, Reaping The Benefits: Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews
Labor Resource Center Publications
This report provides an analysis of the costs and benefits associated with Massachusetts Senate President Robert Travaglini's proposed family and medical leave insurance program (April 2006). The authors developed a simulation model to estimate the employer and employee wage costs when employees take paid and unpaid family and medical leaves, and they use this model to compare the current costs with those predicted under the Travaglini proposal.
For information about how the authors estimated the costs of the program and the specifics about their model, please follow the link below to "IWPR/LRC Paid Family and Medical Leave Simulation Model," originally …
Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore
Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore
Case Studies Series, Institute for Community Inclusion
This is the second in a series of publications highlighting findings from case studies in three states—New Hampshire, Washington, and Colorado—that are recognized as high performers in integrated employment. These products are intended to be a practical resource for states as they work to help people with disabilities obtain and maintain gainful employment.
ICI identified “high-performing” states based on the following criteria: the percentage of citizens served by the state’s mental retardation/developmental disabilities agency that participate in integrated employment, and the rate of growth in integrated employment.
In 2003, a team of ICI researchers conducted face-to-ace interviews with state and …
Summary Of Seput V. Lacayo, 122 Nev. Adv. Op. No. 45, Christian Hale
Summary Of Seput V. Lacayo, 122 Nev. Adv. Op. No. 45, Christian Hale
Nevada Supreme Court Summaries
Appeal from a district court order granting a motion to dismiss an injured pest control worker's tort action against a homeowner for premises liability.
Cupe, Local 805 V Prince Edward Island (Department Of Health), Innis Christie, B Crockett, Leonard Russell
Cupe, Local 805 V Prince Edward Island (Department Of Health), Innis Christie, B Crockett, Leonard Russell
Innis Christie Collection
The Union alleges that the Employer improperly set qualifications of a job posting which would favour a less senior employee, rather than the Grievor. Also, that the posting process was not fair and the Grievor had the required qualifications. As the senior employee she should be awarded the position.
The Costs Of Wrongful-Discharge Laws, Stewart J. Schwab, David H. Autor, James J. Donohue Iii
The Costs Of Wrongful-Discharge Laws, Stewart J. Schwab, David H. Autor, James J. Donohue Iii
Cornell Law Faculty Publications
We estimate the effects on employment and wages of wrongful discharge protections adopted by U.S. state courts during the last three decades. We find robust evidence that one wrongful-discharge doctrine, the implied-contract exception, reduced state employment rates by 0.8% to 1.7%. The initial impact is largest for female and less-educated workers (those who change jobs frequently), while the longer-term effect is greater for older and more-educated workers (those most likely to litigate). By contrast, we find no robust employment or wage effects of two other widely recognized wrongful-discharge laws: the public-policy and good-faith exceptions.