Law Commons^™

A Straitjacket For Employment At-Will: Recognizing Breach Of Implied Contract Actions For Wrongful Demotion, Gregory M. Munson

Vanderbilt Law Review

For over a century, employment at-will has been the law in almost all American jurisdictions.' As a result, employers can fire their employees, and employees can quit, with or without reason. In addition, employers have the authority under the at-will rule to regulate all terms and conditions of employment. During the past two decades a series of judicial exceptions to the at-will rule that prohibit termination of an employee for a variety of reasons have eroded the at-will doctrine. These exceptions fall into two categories. First, an employer may not terminate an employee for reasons that violate public policy Second, …

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White

William & Mary Law Review

No abstract provided.

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

William & Mary Law Review

No abstract provided.

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.

On-Call Time Under The Fair Labor Standards Act, Eric Phillips

Michigan Law Review

Economic pressures, changing family structures, and technology have increasingly blurred the line between work time and personal time. The rise of independent contracting, the growing number of families in which both parents work, and the. expanding reach of computer networks, fax machines, pagers, and mobile telephones, to provide a few examples, have blurred the once-familiar distinction between work time and leisure time. This distinction is particularly unclear for on-call employees. An on-call employee is one who may be physically away from the workplace but who remains connected to it by telephone, beeper, computer, or radio, and who must respond to …

1996 Pension Simplification, David M. Graf

University of Arkansas at Little Rock Law Review

No abstract provided.

Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination, Richard L. Ruth

Mercer Law Review

The 1996 survey period presented a rather unique year for the Eleventh Circuit in the employment discrimination arena. For example, the long anticipated wave of Americans with Disabilities Act ("ADA") litigation finally reached shore. In a different twist, employers fared better than in past years on summary judgment appeals. Finally, the first reported retaliation case in the Eleventh Circuit arising under the Employee Retirement Income Security Act ("ERISA") was decided. In all, as the following discussion will amply illustrate, it was a very busy year for employment law in the Eleventh Circuit, with significantly more noteworthy cases on appeal.

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1996 decisions of the United States Court of Appeals for the Eleventh Circuit in which the court addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the Labor Management Relations Act of 1947 ("LMRA") the Fair Labor Standards Act of 1938 ("FLSA"), the Occupational Safety and Hazard Act of 1970 ("OSHA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

In this survey year, the Eleventh Circuit decided several cases involving these traditional areas of labor law. Due to the volume of cases, this Article …

Overcoming Collective Action Problems: Enforcement Of Worker Rights, Louise Sadowsky Brock

University of Michigan Journal of Law Reform

In a period of new employment laws, it is important to determine how those laws are enforced, why enforcement of those laws is sometimes limited and how enforcement can be improved. This Note discusses the ways in which the theory of collective action limits enforcement of three employee rights statutes: the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act. Enforcement mechanisms such as class action lawsuits, administrative agencies, employee participation groups, and labor unions represent potential methods of overcoming collective action problems. Each method has its benefits, and the three …

Confronting Judicial Values: Rewriting The Law Of Work In A Common Law System, James Atleson

Buffalo Law Review

No abstract provided.

A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens

West Virginia Law Review

No abstract provided.

The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway

Washington International Law Journal

This comment examines the problem of foreign worker abuse in the U.S. Commonwealth of the Northern Mariana Islands ("NMI"). The United States and the NMI have a unique relationship governed by an agreement known as the "Covenant." The Covenant creates fundamental barriers which will limit the effectiveness of federal efforts to resolve the foreign worker abuse problem in the NMI. This comment demonstrates that a balanced effort of prosecutions by both governments under U.S. federal labor law and NMI criminal law is needed to protect the well being of foreign workers in the NMI.

Covenants Not To Compete In Utah: A Useful Tool For Employers, Carolyn Cox

Brigham Young University Journal of Public Law

No abstract provided.

Employment Law Dilemmas: What To Do When The Law Forbids Compliance, Steven C. Bednar

Brigham Young University Journal of Public Law

No abstract provided.

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Hofstra Labor & Employment Law Journal

No abstract provided.

Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo

Hofstra Labor & Employment Law Journal

No abstract provided.

Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley

Hofstra Labor & Employment Law Journal

No abstract provided.

Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano

Hofstra Labor & Employment Law Journal

No abstract provided.

Chadris, Inc. V. Latsis And The Test For Seaman Status: The Supreme Court Muddies The Waters Again, Anne Norris Graham

William & Mary Law Review

No abstract provided.

The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum

Hofstra Labor & Employment Law Journal

No abstract provided.

Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

No abstract provided.

Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney

Hofstra Labor & Employment Law Journal

No abstract provided.

Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg

Hofstra Labor & Employment Law Journal

No abstract provided.