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Full-Text Articles in Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton Dec 2020

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott Jun 2020

An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback Jun 2020

Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback

Mercer Law Review

This Article focuses on case law concerning federal laws pertaining to labor and employment. The following is a discussion of those opinions.


What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva May 2020

What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva

Boston College Law Review

On February 21, 2019, the United States Court of Appeals for the Fifth Circuit held in In re JPMorgan Chase & Co. that district courts may not send or require notice of a pending Fair Labor Standards Act collective action to employees bound by arbitration agreements. The decision represented a matter of first impression among the federal courts of appeals. This Comment argues that the Fifth Circuit’s decision correctly applied the 1989 Supreme Court case, Hoffmann-La Roche v. Sperling, which gave district courts the power to facilitate notice in collective actions, to the new reality of arbitration agreements. This Comment ...


The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao May 2020

The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao

Catholic University Law Review

In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits ...


Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson May 2020

Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson

GGU Law Review Blog

COVID-19 has resulted in the destabilization of several aspects of human society, which may potentially cause an influx in litigation in certain practice areas such as employment, healthcare, and contract law. Although the legal effects of the pandemic have yet to be seen in their entirety, having knowledge of the potential legal issues better prepares individuals and businesses in dealing with this increased risk of litigation and could possibly help mitigate the circumstances caused by this viral, unprecedented attack on humanity.


Concerning Behavior: Do A Public Employee’S Free Association Claims Share The Public Concern Requirement Of Free Speech Claims?, Samuel Barrows May 2020

Concerning Behavior: Do A Public Employee’S Free Association Claims Share The Public Concern Requirement Of Free Speech Claims?, Samuel Barrows

Boston College Law Review

On September 28, 2018, the Third Circuit Court of Appeals held, in Palardy v. Township of Millburn, that it would not apply the public concern test from Connick v. Myers to public employees’ First Amendment free association claims. The Circuits are split on whether to apply the public concern test: the Second, Fourth, Sixth, and Seventh Circuits apply the test; the Fifth and Eleventh Circuits do not apply it; and the Ninth and Tenth Circuits take hybrid approaches. This comment argues that the Third Circuit mischaracterized its holding, and its approach resembles the hybrid approach of the Tenth Circuit more ...


Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball May 2020

Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball

William & Mary Bill of Rights Journal

This Article argues that the expressive components of gender-stereotyping theory serve to delink the equality protections afforded by that theory from fixed and predetermined identity categories in helpful and positive ways. Many have viewed American antidiscrimination law as being normatively grounded in the notion that there are certain identities that, because of their stable and immutable characteristics, deserve equality-based protections. Gender-stereotyping theory can help make the normative case for a more pluralistic understanding of equality, one that is grounded in the need to protect the fluid and multiple ways in which gender is performed or expressed rather than focusing, as ...


A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez May 2020

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Dignity Transacted: Emotional Labor And The Racialized Workplace, Lu-In Wang, Zachary W. Brewster May 2020

Dignity Transacted: Emotional Labor And The Racialized Workplace, Lu-In Wang, Zachary W. Brewster

University of Michigan Journal of Law Reform

In interactive customer service encounters, the dignity of the parties becomes the currency of a commercial transaction. Service firms that profit from customer satisfaction place great emphasis on emotional labor, the work that service providers do to make customers feel cared for and esteemed. But performing emotional labor can deny dignity to workers by highlighting their subservience and requiring them to suppress their own emotions in an effort to elevate the status and experiences of their customers. Paradoxically, the burden of performing emotional labor may also impose transactional costs on some customers by facilitating discrimination in service delivery. Drawing on ...


A More Perfect Pickering Test: Janus V. Afscme Council 31 And The Problem Of Public Employee Speech, Alexandra J. Gilewicz May 2020

A More Perfect Pickering Test: Janus V. Afscme Council 31 And The Problem Of Public Employee Speech, Alexandra J. Gilewicz

University of Michigan Journal of Law Reform

In June 2018, the Supreme Court issued its long-awaited—and, for the American labor movement, long-feared—decision in Janus v. AFSCME Council 31. The decision is expected to have a major impact on public sector employee union membership, but could have further impact on public employees’ speech rights in the workplace. Writing for the majority, Justice Samuel Alito’s broad interpretation of whether work-related speech constitutes a “matter of public concern” may have opened the floodgates to substantially more litigation by employees asserting that their employers have violated their First Amendment rights. Claims that would have previously been unequivocally foreclosed ...


Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante Apr 2020

Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante

Boston College Law Review

To escape the harsh conditions of work in agriculture or food processing plants, many undocumented immigrants turn to entrepreneurship for safer working conditions and better economic prospects. Transactional lawyers often help these entrepreneurs form limited liability companies or worker cooperatives. Unfortunately, this simple act might expose these lawyers to criminal liability. The Immigration Reform and Control Act of 1986 (IRCA) prohibits anyone from encouraging an undocumented person to reside in the United States. This prohibition has been construed to include everything from employing undocumented housekeepers to procuring falsified documents for citizenship applications, and some courts have even suggested that the ...


When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter Apr 2020

When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter

Brooklyn Law Review

The incredible force of the #MeToo movement has created momentum for long-overdue reform of workplace sexual harassment laws. One problematic element of the sexual harassment scheme is the Faragher/Ellerth defense, a defense to a claim of hostile work environment under Title VII. The Faragher/Ellerth defense allows an employer to escape liability for actionable sexual harassment if it can show that it had a policy against harassment with a procedure for making complaints, but the victim of harassment did not complain using that procedure. But the vast majority of victims of sexual harassment never make a formal complaint to ...


Don’T Burn The Looms—Regulation Of Uber And Other Gig Labor Markets, Henry H. Perritt Jr. Apr 2020

Don’T Burn The Looms—Regulation Of Uber And Other Gig Labor Markets, Henry H. Perritt Jr.

Science and Technology Law Review

No abstract provided.


Drug Testing In The Nonunionized Workplace: Search And Seizure, Procedural Due Process, And Maine's Drug-Testing Statute, Shawn K. Bell Apr 2020

Drug Testing In The Nonunionized Workplace: Search And Seizure, Procedural Due Process, And Maine's Drug-Testing Statute, Shawn K. Bell

Maine Law Review

As former President Reagan stated in Executive Order No. 12,564, "[d]rug use is having serious adverse effects upon a significant pro- portion of the national work force .... " One survey by the National Institute on Drug Abuse found that between ten and twenty-three percent of all employees use drugs at work. The costs to industry in lost productivity due to drugs are equally staggering. Employee drug and alcohol abuse resulted in an estimated $100 billion in lost productivity in 1986. Furthermore, employees with drug or alcohol abuse problems have an absentee rate sixteen times greater than the average employee ...


Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire Apr 2020

Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire

Maine Law Review

Horror stories concerning the abuse suffered by the AIDS victim in the workplace are plentiful. There have been numerous reports about employees who have refused to work with or touch the AIDS worker, or use the same bathroom, telephone, water fountain, or pencil. It was reported that one AIDS victim was not even allowed to use his pregnant co-worker's word processor; she claimed she had once seen him sweat on the keyboard. Paul Cronan became painfully aware that his employer of twelve years, the New England Telephone Company, had breached his privacy by divulging in large group meetings of ...


Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein Apr 2020

Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

For decades, federal and state laws have prohibited sexual harassment on the job; despite this fact, extraordinarily high rates of gender-based workplace harassment still permeate virtually every sector of the American workforce. Public awareness of the seriousness and scope of the problem increased astronomically in the wake of the #MeToo movement, as women began to publicly share countless stories of harassment and abuse. In 2015, the Equal Employment Opportunity Commission’s Task Force on the Study of Harassment in the Workplace published an important study analyzing a wide range of factors contributing to this phenomenon. But the study devotes only ...


Disaggregated Discrimination And The Rise Of Identity Politics, George Rutherglen Apr 2020

Disaggregated Discrimination And The Rise Of Identity Politics, George Rutherglen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


How To Establish Labor Protection Standards For Kenyan Local Workers In Chinese Multinational Corporations, Qun Zhao Apr 2020

How To Establish Labor Protection Standards For Kenyan Local Workers In Chinese Multinational Corporations, Qun Zhao

Washington International Law Journal

China has increased investment into Kenya since it proposed the Belt and Road Initiative. Many Chinese State-Owned-Enterprises (“SOEs”) and private companies have established their presence in Kenya; most of them engage in labor-intensive industries like infrastructure building or manufacturing. Labor-intensive work requires companies to hire many local workers, which gives rise to labor conflicts between Chinese employers and Kenyan employees. Major conflicts between the two parties stem from several factors including informal hiring, wrongful termination, and tense relations with Kenyan labor unions. This article suggests that Chinese companies in Kenya should comply with Kenyan labor law to resolve labor issues ...


Local Right-To-Work Ordinances: Why § 14(B) Of The National Labor Relations Act Preempts Political Subdivisions From Regulating Union-Security Agreements, Michael Soder Apr 2020

Local Right-To-Work Ordinances: Why § 14(B) Of The National Labor Relations Act Preempts Political Subdivisions From Regulating Union-Security Agreements, Michael Soder

University of Cincinnati Law Review

No abstract provided.


The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman Apr 2020

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman

Pace Law Faculty Publications

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal ...


Erasing Race, Llezlie L. Green Apr 2020

Erasing Race, Llezlie L. Green

SMU Law Review Forum

Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader anti-subordination ...


Are Two Employers Better Than One? An Empirical Assessment Of Multiple-Employer Retirement Plans, Natalya Shnitser Apr 2020

Are Two Employers Better Than One? An Empirical Assessment Of Multiple-Employer Retirement Plans, Natalya Shnitser

Boston College Law School Faculty Papers

At least 50% of Americans have not saved enough for retirement. This is in part due to a lack of access to employer-sponsored retirement plans. Nearly a third of the U.S. workforce is employed by businesses that choose not to sponsor workplace retirement plans for their employees. Moreover, plans set up by smaller employers tend to be plagued by high fees that eat away at retirement savings. To increase worker participation in low-cost retirement plans, lawmakers across the political spectrum have coalesced around reforms to allow more small employers to pool their assets and to centralize plan administration through ...


Abc To Ab 5: The Supreme Court Of California Modernizes Common Law Doctrine In Dynamex Operations West, Inc. V. Superior Court, Abigail S. Rosenfeld Mar 2020

Abc To Ab 5: The Supreme Court Of California Modernizes Common Law Doctrine In Dynamex Operations West, Inc. V. Superior Court, Abigail S. Rosenfeld

Boston College Law Review

In 2018, the Supreme Court of California held in Dynamex Operations West, Inc. v. Superior Court that the ABC test for distinguishing between employees and independent contractors under state wage and hour laws should supplant its common law approach. As a result, California codified the decision as Assembly Bill 5 (AB 5). The adoption of the ABC test stands to benefit workers and have considerable effects on California’s economy. This Comment argues that courts should follow the Supreme Court of California’s example by shifting away from outdated common law doctrine to tackle emerging societal problems and propel legislative ...


Ownership Work And Work Ownership, Hiba Hafiz Mar 2020

Ownership Work And Work Ownership, Hiba Hafiz

Boston College Law School Faculty Papers

Professor Lee Fennell’s groundbreaking Slices and Lumps incisively reconceptualizes how the gig—or “slicing”—economy impacts the structuring of work. But it goes even further to alert us to how “delumping the working experience” can transform the infrastructure of work, from an individual’s task design to the agglomeration costs and benefits of untying and retying workers to desks, work to benefits, worksites to surrounding communities.

This Essay takes seriously her invitation to refine and adapt its insights to radically readjust work law in two ways. First, it explores how employer’s property rights over worksites are “lumpy” when ...


Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile Mar 2020

Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile

Blockchain Law

Part I of this paper will provide a bit of background on blockchain technology, and the Worker Well Being Program (“WWBP”) implemented at Levi Strauss through their Levi Strauss Foundation. Part II will expand on relevant international law related to labor rights, with a particular focus on the UNDHR and the ILO. Part III will analyze the current state of and need for a shift in focus on worker well-being, especially considering the current global pandemic and recurring need for a federal minimum wage that moved beyond just a living wage, which it currently is not, to one that allows ...


The Case For Noncompetes, Jonathan M. Barnett, Ted M. Sichelman Mar 2020

The Case For Noncompetes, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

Scholars and other commentators widely assert that enforcement of contractual and other limitations on labor mobility deters innovation. Based on this view, federal and state legislators have taken, and continue to consider, actions to limit the enforcement of covenants not-to-compete in employment agreements. These actions would discard the centuries-old reasonableness standard that governs the enforcement of these provisions, often termed “noncompetes,” in all but four states (notably, California). We argue that this zero-enforcement position lacks a sound basis in theory or empirics. As a matter of theory, it overlooks the complex effects of contractual limitations on labor mobility in innovation ...


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 ...


Labor's Antitrust Paradox, Hiba Hafiz Mar 2020

Labor's Antitrust Paradox, Hiba Hafiz

Boston College Law School Faculty Papers

Growing inequality, the decline in labor’s share of national income, and increasing evidence of labor-market concentration and employer buyer power are all subjects of national attention, eliciting wide-ranging proposals for legal reform. Many proposals hinge on labor-market fixes and empowering workers within and beyond existing work law or through tax-and-transfer schemes. But a recent surge of interest focuses on applying antitrust law in labor markets, or “labor antitrust.” These proposals call for more aggressive enforcement by the Department of Justice (DOJ) and Federal Trade Commission (FTC) as well as stronger legal remedies for employer collusion and unlawful monopsony that ...


The Trouble With Identity And Progressive Origins In Defending Labour Law, Alvaro Santos Mar 2020

The Trouble With Identity And Progressive Origins In Defending Labour Law, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Debate about labour regulation is not new. What is new is the urgency with which labour law reform is promoted as an important fix to economic woes. In recent years, calls for reform resound in poor and rich countries alike. The economic crisis in the United States and in Europe has intensified these debates, making labour regulation a prime target for reform. In several US states public sector unions have been under attack, depicted as a privileged class that drains public funds with high wages, cosy benefits, and retirement privileges that no other workers enjoy. Several European countries have introduced ...