Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Law
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Barbara J. Fick
This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.
Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.
Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.
Valencia T Johnson
Landing stable employment can be difficult and discouraging. Some employers want applicants that are searching for a “career”, and some employers are looking for applicants that want a “job”. Ask yourself, what is the difference between a job and a career? In simple terms, a job is short-term and a career is long-term. Applicants who seek a job would likely stay less than a year, as with a career, the candidate would likely stay more than a year or longer. This article provides a clear and concise overview of the exploratory study of landing a career or job.
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Pepperdine Law Review
The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …
N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner
N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner
Pepperdine Law Review
With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.
Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris
Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris
Pepperdine Law Review
No abstract provided.
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Pepperdine Law Review
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Hofstra Labor & Employment Law Journal
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Articles in Law Reviews & Other Academic Journals
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo
Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo
Nevada Law Journal
No abstract provided.
Weathering Wal-Mart, Joseph Seiner
Weathering Wal-Mart, Joseph Seiner
Faculty Publications
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …
A Post-Pyett Collective Bargaining Agreement To Arbitrate Statutory Discrimination Claims: What Is It Good For–Could It Be Absolutely Nothing Or Really Something?, Michael Z. Green
A Post-Pyett Collective Bargaining Agreement To Arbitrate Statutory Discrimination Claims: What Is It Good For–Could It Be Absolutely Nothing Or Really Something?, Michael Z. Green
Michael Z. Green
No abstract provided.