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Full-Text Articles in Labor Relations

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald Mar 2020

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student ...


Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg Jan 2020

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an ...


Trump’S ‘Immployment’ Law Agenda: Intensifying Employment-Based Enforcement And Un-Authorizing The Authorized, Kati L. Griffith, Shannon Gleeson Oct 2019

Trump’S ‘Immployment’ Law Agenda: Intensifying Employment-Based Enforcement And Un-Authorizing The Authorized, Kati L. Griffith, Shannon Gleeson

Articles and Chapters

This article considers President Trump’s immigration efforts through an immployment law lens. Immployment is a conceptual frame that reminds us to consider (1) immigration policy’s impacts on employers and the employment-based rights of workers, and (2) employment and labor law’s impacts on immigration policy. It draws from available enforcement data to argue that Trump’s regime is intensifying the use of workplace-based immigration enforcement tools such as audits of employer records and arrests of workers at their place of work. While his predecessors used these tools too, Trump is simultaneously pursuing both high profile worker arrests and ...


The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter Jul 2019

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at the University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted ...


Stopping Sexual Harassment In The Empire State: Past, Present, And A Possible Future, Sanjay Pinto, K. C. Wagner, Zoë West Jan 2019

Stopping Sexual Harassment In The Empire State: Past, Present, And A Possible Future, Sanjay Pinto, K. C. Wagner, Zoë West

Research Studies and Reports

This report maps current patterns of workplace sexual harassment and their impact in New York State. It also provides a broader frame for understanding how efforts to confront sexual and gender-based harassment and assault have evolved over time, and charts possible directions for future organizing, policy, and research in New York and beyond.

The findings presented here are drawn from the 2018 Empire State Poll, an annual statewide survey of 800 New Yorkers conducted by the Cornell Survey Research Institute. Questions added to the survey reflecting existing legal definitions of workplace sexual harassment reveal the following:

  • 10.9 percent of ...


The Fair Labor Standards Act At 80: Everything Old Is New Again, Kati L. Griffith Jan 2019

The Fair Labor Standards Act At 80: Everything Old Is New Again, Kati L. Griffith

Articles and Chapters

On the 80th anniversary of the federal wage and hour statute, the Fair Labor Standards Act of 1938 (FLSA), critics warn that it cannot keep pace with shifting business trends. More and more individuals engage in “contract work,” some of which takes place in the much publicized “gig economy.” These work arrangements raise questions about whether these workers are “employees,” covered by U.S. labor and employment law, or “independent contractors.” Subcontracting arrangements, or what some call domestic outsourcing, are also expanding. Indeed, more and more workers in the U.S. economy engage with multiple businesses, raising questions of which ...


Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget Dec 2018

Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget

Capstones

This project examines the impact of minimum wage increases across major industries in New York City and State and concludes they have been manageable and even fueled broader economic growth. Since the incremental wage hikes were first signed into law in 2015, data and anecdotal evidence has shown business owners have been able to make it work and many of critics' concerns that the higher labor costs would lead to disemployment have been misplaced. The story provides an in-depth analysis of how restaurant and food establishments, health care and retail employers have adapted to higher labor costs by innovating their ...


Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko May 2018

Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko

Allison Hall

Since states began implementing the Workforce Investment Act (WIA) of 1998, One-Stop Career Centers have had to address the challenges of serving all customers seeking services, including job seekers with disabilities. To meet this challenge, many local One-Stops have demonstrated commitment to and progress towards creating innovative practices that positively affect access for job seekers with disabilities in the workforce system. The following brief is offered as a tool for local workforce systems to help achieve meaningful employment outcomes for job seekers with disabilities. This brief is part of a series of products offering practical solutions for Local Workforce Investment ...


Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society Apr 2018

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Between Support And Shame: The Impacts Of Workplace Violations For Immigrant Families, Shannon Gleeson Feb 2018

Between Support And Shame: The Impacts Of Workplace Violations For Immigrant Families, Shannon Gleeson

Shannon Gleeson

Purpose - This study examines the conditions that lead to workplace violations for low-wage immigrant workers, and how family life shapes their decision to speak up. I also highlight how both employer abuse and the claims making process can impact individuals and their families.

Methodology/approach - This research adopts a mixed-method approach that includes a survey of 453 low-wage workers seeking pro bono legal assistance and 115 follow-up interviews with claimants. I also conduct a five-year ethnography of both a monthly state workshop provided for injured workers and a pro bono legal aid clinic in a predominantly Latino agricultural community on ...


Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page Jan 2018

Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page

Journal of Collective Bargaining in the Academy

ABSTRACT

As state funding to community colleges has fluctuated, many community colleges have hired more adjunct faculty (Desrochers & Hurlburt, 2014).

This qualitative research explored supplemental benefits, which could be included in adjunct faculty contracts with community colleges in order to promote workplace satisfaction, without causing stress on budgets. Adjunct faculty who realize greater job satisfaction are more beneficial to their institutions because they promote student learning and retention (CCCSE, 2014b; Hollenshead, 2010; Jacoby, 2006).

The descriptive study included three phases: record reviews, interviews with key informants and elite informants, and a reflective questionnaire. New England was selected as the research site because all six states have or are developing statewide contracts for adjunct faculty. For the record reviews, existing contracts were examined (N = 5); for the key informant interviews, community college presidents and a vice president (N = 4) and adjunct faculty representatives (N = 4) were consulted; and for the elite interviews and ...


The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert Jan 2018

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty ...


Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson Jan 2018

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which ...


From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson Jan 2018

From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson

Shannon Gleeson

This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions ...


Levels Of Abstraction In Legal Thinking, Michael Evan Gold Jan 2018

Levels Of Abstraction In Legal Thinking, Michael Evan Gold

Articles and Chapters

[Excerpt] This article applies the concept of levels of abstraction to legal thinking. Perhaps the most important use of the concept is to constrain judicial lawmaking in a principled way.

Level of abstraction refers to:

  • the numbers of persons and transactions that generate an issue,

  • the numbers of persons and transactions of which a piece of evidence is true,

  • the numbers of persons and transactions to which an argument applies, and

  • the numbers of persons and transactions that are affected by the resolution of an issue.

In general, the more persons and transactions to which an issue and its resolution ...


Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim Jan 2018

Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim

Prize Winning Papers

No abstract provided.


Indian Labour Movements Under Modi, Tom Barnes Jan 2018

Indian Labour Movements Under Modi, Tom Barnes

Faculty of Education and Arts Publications

No abstract provided.


The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare Nov 2017

The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Conventional wisdom holds that hiring a lawyer will improve outcomes for non-union employees who take individual rights complaints to arbitration. However, the limited amount of empirical scholarship into this topic has rarely accounted for the concurrent influence of employer representatives, or for the presence and effects of employee and employer attorney heterogeneity. I analyze all arbitration awards rendered within the securities industry from the implementation of its ADR program through the late-2000s, and first find that hiring an attorney benefits employees only in the rare cases that employers do not also include an agent. I then account for attorney selection ...


Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang Nov 2017

Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...


Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler Oct 2017

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry

No abstract provided.


Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society Oct 2017

Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


The Precarity Of Temporality: How Law Inhibits Immigrant Worker Claims, Kati L. Griffith, Shannon Gleeson Oct 2017

The Precarity Of Temporality: How Law Inhibits Immigrant Worker Claims, Kati L. Griffith, Shannon Gleeson

Articles and Chapters

In this article, we propose that temporary immigrant workers in the United States face unique law-induced challenges to claimsmaking when compared to other categories of workers with precarious immigration statuses, such as unauthorized workers and H-2 guest workers. We present a systematic comparison of each group, drawing on a review of the existing literature and a new pilot study, to examine how the challenges facing each set of immigrants overlap in some ways, but are unique in others. We conclude that particular differences in U.S. immigration law categories (unauthorized, H-2 guest workers, and temporary immigrant workers) may shape how ...


Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa Sep 2017

Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa

Lance A Compa

No abstract provided.


Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa Sep 2017

Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Lance A Compa

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.


The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno Sep 2017

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

All Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many ...


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton Jun 2017

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper May 2017

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.


The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, Rwanda Smith, Sunmi Hirata, Monica Shen Apr 2017

The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, Rwanda Smith, Sunmi Hirata, Monica Shen

Georgia State Undergraduate Research Conference

No abstract provided.


Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society Apr 2017

Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith Feb 2017

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Kati Griffith

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...