Law Commons^™

Xiii. Labor Law

Washington and Lee Law Review

No abstract provided.

Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review

Michigan Law Review

The statutes of limitations facing plaintiffs who bring actions under the Fair Labor Standards Act [FLSA] vary, depending upon the willfulness of the violation. The Act establishes two limitations: three years for willful violations, and two years for nonwillful violations. It does not, however, define willfulness, and federal courts have interpreted the concept in two very different ways. Under the more prevalent rule, the test is: "Did the employer know the FLSA was in the picture?" But other courts have been more guarded, reserving the longer limitations period for "violations which are intentional, knowing or voluntary as distinguished from accidental." …

Procedural Complexity Of The Age Discrimination In Employment Act: An Age-Old Problem, Robert E. Sheeder

Duquesne Law Review

No abstract provided.

Veterans' Preference Statutes: Do They Really Discriminate Against Women, Pat Labbadia Iii

Duquesne Law Review

No abstract provided.

Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson

University of Michigan Journal of Law Reform

Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …

Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope

University of Richmond Law Review

Courts for some time now have been forced to deal with the validity of covenants not to compete as contained in employment contracts. Considered to be a restraint against trade, these covenants under common law were viewed with disfavor, if not hostility, both nationally and in the Commonwealth of Virginia, as being contrary to the American ideals of individual freedom, competition, and the free flow of commerce. As such they were seldom upheld. It was only after the courts recognized that employers had legitimate concerns and interests worthy of protections that reasonable covenants not to compete began to be enforced …

Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay

University of Richmond Law Review

Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …

Wrongful Discharge: Toward A More Efficient Remedy, Jeffrey L. Harrison

Indiana Law Journal

No abstract provided.

Enforcement Of Collective Bargaining Orders In The Third Circuit: The Rise And Fall Of The Armcor Standards, Louis A. Minella

Villanova Law Review

No abstract provided.

Civil Rights - Public Employer May Voluntarily Adopt An Affirmative Action Program To Remedy Judicially Determined Racial Discrimination, Paul K. Risko

Villanova Law Review

No abstract provided.

Union Members' Free Speech Guarantee: Does It Protect Against Discharge From Union Office, Larry P. Malfitano

Buffalo Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel

Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone

Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender

Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order

Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments

Expropriation of a Contractual Right …

Section 8(B)(4): Merged Products And The Search For Standards, 13 J. Marshall L. Rev. 421 (1980), Taras R. Proczko

UIC Law Review

No abstract provided.

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier

Fordham Urban Law Journal

This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."

The Motivation Requirement In Single Employee Discharge Cases, Michael R. Enright

Loyola University Chicago Law Journal

No abstract provided.

Labor Law - Presumption Against Rules Prohibiting Solicitation During Nonworking Time - Nlrb's Application Of Presumption In Hospital Patient Access Areas, Except For Immediate Patient Care Areas, Upheld As Valid, Roberta D. Pichini

Villanova Law Review

No abstract provided.

Labor Law - Employment Discrimination - Joint Violation By Employer And Labor Union Of Title Vii Of The Civil Rights Act Of 1964 - Settling Employees' Claim In Full Entitles Employer To Contribution From Labor Union, David C. Corujo

Villanova Law Review

No abstract provided.

Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs

University of Richmond Law Review

The enactment of the Employee Retirement Security Act of 1974 has had a profound and far-reaching impact upon existing employee benefit plans and upon those which have since been created. ERISA, as the act is commonly designated, is a comprehen- sive federal statute with strong consumer protection overtones which sets up strict requirements for regulating most aspects of the operation and administration of private employee benefit plans. Its primary goals are: (1) to protect benefit rights and to provide retirement security for the participants of employee benefit plans by setting out minimum standards for nondiscriminatory participation, vesting, benefit accrual, and …

Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele

University of Richmond Law Review

The Virginia Workmen's Compensation Act, first enacted in 1918, generally provides for case benefits and medical care to individuals injured in employment-related accidents. While the Act is neither tort law nor social insurance, it contains elements of both. As social legislation, the Act plays an important role in protecting citizens from loss of wages and provides an important supplement to protection available from the federal Old Age, Survivors' Disability and Health Insurance Program, unemployment compensation and private health and accident insurance plans. In 1979, more than 43,000 Virginia employees filed claims under the Act. Unlike other social insurance programs, however, …

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

Student Employees And Collective Bargaining, Martin H. Malin

Kentucky Law Journal

No abstract provided.

University Faculty And The Institution Of Collective Bargaining, Thomas C. Fenton

Kentucky Law Journal

No abstract provided.