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Full-Text Articles in Law

A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May Jan 2023

A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May

DePaul Journal of Health Care Law

The United States spends more for health care per capita than any other country in the world. Despite spending more, the United States has weaker health care outcomes than other similarly developed countries. This fact alone makes health care an important subject for policy reform. Given the current partisan gridlock in Congress, it is difficult to foresee any significant legislation in the area of health care reform at the federal level in the near future. As a result, Congress has allocated major health care reform efforts to the states. However, ERISA stands as a huge obstacle to state health care …


When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso Jan 2023

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso

Law Faculty Scholarship

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.


Comment: Ensuring Wages For California Restaurant Workers: Utilizing The Self-Help Prejudgment Wage Lien Tool, Rebekah Didlake Jan 2023

Comment: Ensuring Wages For California Restaurant Workers: Utilizing The Self-Help Prejudgment Wage Lien Tool, Rebekah Didlake

Golden Gate University Law Review

Wage theft runs especially rampant in California’s restaurant industry and these workers are highly susceptible to worthless wage judgments. Some estimates found restaurant workers account for up to 10% of wage claims filed with the Labor Commissioner each year.

Although wage theft is a nationwide epidemic crossing various industries, this Comment explores the wage theft crisis in the context of low-wage restaurant workers and the obstacles they face when recovering unpaid wages. This Comment argues that a self-help prejudgment wage lien tool is an ideal solution to ensure restaurant workers can collect unpaid wages.


In Support Of Ureaa: The Case For Timely, Uniform, And Comprehensive Action Against Restrictive Employment Agreements, Ryan Greenberg Jan 2023

In Support Of Ureaa: The Case For Timely, Uniform, And Comprehensive Action Against Restrictive Employment Agreements, Ryan Greenberg

University of Miami Business Law Review

Tens of millions of American workers across a range of occupations are bound by restrictive employment agreements. The COVID-19 pandemic has caused people to leave their jobs in search of more money, flexibility, and happiness—deemed the Great Resignation—shining a new light on the volatility of labor markets. But restrictive employment agreements limit workers’ exit options and stymie competition, in tension with our nation’s antitrust laws. The effects of these agreements are particularly damaging to low-wage workers. Rightfully so, policymakers across jurisdictions and political ideologies are increasingly introducing measures to curtail the abuse of these agreements. This area of the law …


Purchasing Population Growth, Edward W. De Barbieri Jan 2023

Purchasing Population Growth, Edward W. De Barbieri

Indiana Law Journal

State and local lawmakers compete to attract new populations of workers to purchase homes, grow the tax base, and develop local economies. Even before the pandemic, lawmakers used a variety of tax incentives and other legal levers to attract new residents. Increasingly, in some cases bolstered by the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds, local governments are attracting high-paid, well-skilled, remote workers with cash gifts and other direct economic benefits.

Although cash incentives for remote workers have been increasing in popularity, they remain unproven with respect to intended outcomes and have yet to face legal challenge. The …


Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah Widiss Jan 2023

Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah Widiss

Articles by Maurer Faculty

Pregnant workers often need small changes—such as permission to sit on a stool or to avoid heavy lifting—to stay on the job safely through a pregnancy. In the past decade, twenty-five states have passed laws that guarantee pregnant employees a right to reasonable accommodations at work. Despite the stark partisan divide in contemporary America, the laws have passed in both Republican- and Democratic-controlled states. This Essay offers the first detailed case study of this remarkably effective campaign, and it shows how it laid the groundwork for analogous federal legislation, passed in December 2022, that ensures workers across the country will …


Stakeholderism Silo Busting, Aneil Kovvali Jan 2023

Stakeholderism Silo Busting, Aneil Kovvali

Articles by Maurer Faculty

The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …


Defining Genetic Information Under Gina, Shane Padilla Dec 2022

Defining Genetic Information Under Gina, Shane Padilla

Cleveland State Law Review

The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …


From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet Dec 2022

From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet

Journal of Law and Health

Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …


Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg Dec 2022

Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg

University of Cincinnati Law Review

No abstract provided.


Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane Dec 2022

Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane

Villanova Law Review

No abstract provided.


Last Rights: A Theory Of Individual Impact, Kenneth R. Davis Dec 2022

Last Rights: A Theory Of Individual Impact, Kenneth R. Davis

Brooklyn Law Review

Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …


Labor And Employment Law, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer Dec 2022

Labor And Employment Law, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2021 to May 31, 2022, that affect labor and employment relations for Georgia employers.


Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry Dec 2022

Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry

Washington Law Review

Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …


Non-Compete Agreements In Kansas & Missouri, Benjamin Wietharn Nov 2022

Non-Compete Agreements In Kansas & Missouri, Benjamin Wietharn

Student Works

This legal research guide is not legal advice. It is a guide to researching the issue of noncompete agreements or covenants not to compete in the states of Kansas and Missouri. It was created by a law student in an advance legal research class. It is intended for attorneys or law students. The guide includes an outline of legal research resources (with descriptions) for time sensitive research, primary sources and secondary sources.


Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker Nov 2022

Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker

International Symposium on New Perspectives on Worker Subordination

No abstract provided.


Big Data Affirmative Action, Peter N. Salib Nov 2022

Big Data Affirmative Action, Peter N. Salib

Northwestern University Law Review

As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …


Independent Contractors In Law And In Fact: Evidence From U.S. Tax Returns, Eleanor Wilking Nov 2022

Independent Contractors In Law And In Fact: Evidence From U.S. Tax Returns, Eleanor Wilking

Northwestern University Law Review

Federal tax law divides workers into two categories depending on the degree of control exercised over them by the service purchaser (i.e., the firm): employees, who are subject to direct supervision; and independent contractors, who operate autonomously. Such worker classification determines the administration of income tax and what it subsidizes, as well as which nontax regulations pertain, such as workplace safety and antidiscrimination protections. The Internal Revenue Service and other federal agencies have codified common law agency doctrine into multifactor balancing tests used to legally distinguish employees from independent contractors. These tests have proved challenging to apply and costly to …


Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock Nov 2022

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Ohio Northern University Law Review

No abstract provided.


Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo's Fame Center Nov 2022

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo's Fame Center

Event Invitations 2022

Where are we in labor law and how did we get here? Why is labor relations so litigious in sports? What is contributing to the uptick in unionization efforts at Starbucks and Amazon, among others? Join us to hear our distinguished panel discuss current developments and labor law disputes from a historical perspective.

Panelists include National Labor Relations Board (NLRB) Member Gwynne A. Wilcox, Professor of Practice David J. Weisenfeld, and Former Adjunct Professor Dan Silverman, who held various positions at the NLRB including Regional Director in Manhattan and Acting General Counsel. Professor David Rudenstine will moderate the conversation.

Click …


Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo's Fame Center Nov 2022

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo's Fame Center

Flyers 2022-2023

Click here to view the event invitation.


Alternatives To Mainstream Alternative Dispute Resolution: Eliminating Forced Arbitration Agreements As A Condition Of Employment, Anne M. Lofaso, Ashley M. Stephens Nov 2022

Alternatives To Mainstream Alternative Dispute Resolution: Eliminating Forced Arbitration Agreements As A Condition Of Employment, Anne M. Lofaso, Ashley M. Stephens

Utah Law Review

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated with traditional litigation, mandatory arbitration often lacks the same procedural safeguards afforded by the justice system. Forced arbitration not only deprives employees of their right to sue their employer in a public court, but it also denies them any meaningful voluntary choice to surrender that right. This Article takes a close look at a variety of workplace grievance procedures …


Banning Noncompetes In Virginia, Christopher J. Sullivan, Justin A. Ritter Nov 2022

Banning Noncompetes In Virginia, Christopher J. Sullivan, Justin A. Ritter

University of Richmond Law Review

The past decade has seen a nationwide wave of reform in noncompete law, specifically the limitation of noncompete agreements. Since 2016, ten states—including Virginia in 2020— banned the use of noncompete agreements against certain “lowwage” employees. In order to stay ahead of this curve and ensure Virginia remains and grows as one of the top states to do business, this Article suggests that Virginia—like its neighbor, the District of Columbia, initially did in 2021—pass a complete ban of all noncompete agreements in the employment context. Such a ban would make Virginia a lucrative destination for entrepreneurs and startups by maximizing …


Who Owns The Meme?: Establishing A Definitive Framework To Resolve Disputes In Social Media Account Ownership Between Employers And Employees, Tom Galvin Nov 2022

Who Owns The Meme?: Establishing A Definitive Framework To Resolve Disputes In Social Media Account Ownership Between Employers And Employees, Tom Galvin

William & Mary Business Law Review

The pervasive nature of social media and its growing impact on every aspect of society has created a novel issue: who owns a social media account, an employer or an employee, following the termination of the employment relationship? Courts thus far have produced an inconsistent and confusing legal terrain that will only continue to breed uncertainty amongst parties involved in disputes over social media account ownership. This Note examines the current jurisprudence, analyzes its strengths and weaknesses, proposes a definitive framework to determine ownership between the parties, and demonstrates that framework using the facts of an ongoing case. This framework …


The Time Is Now: A Call For Federal Elimination Of Non-Competes Against Low-Wage And Hourly Workers In The Wake Of The Pandemic, Lori N. Ross Nov 2022

The Time Is Now: A Call For Federal Elimination Of Non-Competes Against Low-Wage And Hourly Workers In The Wake Of The Pandemic, Lori N. Ross

William & Mary Business Law Review

The COVID-19 pandemic has greatly impacted the United States’ labor market and has led to an economic recession. Millions of Americans lost their jobs as a result of the pandemic and were forced to apply for unemployment benefits. Consequently, many of these workers were confronted with the question of whether their existing non-compete agreements were enforceable. Not surprisingly, courts across the nation started seeing more pandemic-related litigation surfacing during the second part of 2020, related to employees seeking a declaration that these agreements were unenforceable.

Prior to the pandemic, there was a rise in the use of noncompete agreements at …


The Implementation Of Regulations 4.2 And 4.5 Of The Maritime Labour Convention, 2006 In Nigeria, Fatimah Temitope Lawal Oct 2022

The Implementation Of Regulations 4.2 And 4.5 Of The Maritime Labour Convention, 2006 In Nigeria, Fatimah Temitope Lawal

World Maritime University Dissertations

No abstract provided.


The Ivorian Seafarer’S Social Security System And The Maritime Labour Convention, 2006, Agniman Stephanie Essanin Oct 2022

The Ivorian Seafarer’S Social Security System And The Maritime Labour Convention, 2006, Agniman Stephanie Essanin

World Maritime University Dissertations

No abstract provided.


The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki Oct 2022

The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki

SLU Law Journal Online

A large, grotesque, inflatable rat has become a symbol of organized labor, a target of controversy, and a defining icon for unions' rights under the First Amendment. In this article, Adam Kosmicki explores the implications for free speech and the protection of "neutral" parties following the NLRB's decision regarding Scabby in Int'l Union of Operating Engineers Local 150.


Evaluating Enforcement Of Environmental Measures To Fishing Vessels Not Covered By Solas Operating In Antarctic Waters, Manuel Alejandro Fuenzalida Lopez Oct 2022

Evaluating Enforcement Of Environmental Measures To Fishing Vessels Not Covered By Solas Operating In Antarctic Waters, Manuel Alejandro Fuenzalida Lopez

World Maritime University Dissertations

No abstract provided.


Impact Of Big Data Analytics On The Privacy Rights Of Seafarers, Adanna Nkiruka Okonkwo Oct 2022

Impact Of Big Data Analytics On The Privacy Rights Of Seafarers, Adanna Nkiruka Okonkwo

World Maritime University Dissertations

No abstract provided.