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Full-Text Articles in Law
Preempting State E-Verify Regulations: A Case Study Of Arizona's Improper Legislation In The Field Of "Immigration-Related Employment Practices", Rachel Feller
Washington Law Review
In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program’s use to prevent the employment of undocumented workers. Some of these state laws have been challenged in federal court on the grounds that they are preempted by federal law, particularly the Immigration Reform and Control Act of 1986 (IRCA). Courts have divided on this issue. This Comment explains the boundaries of preemption in the context of …
Article 14 Of China's New Labor Contract Law: Using Open-Term Contracts To Appropriately Balance Worker Protection And Employer Flexibility, Jovita T. Wang
Article 14 Of China's New Labor Contract Law: Using Open-Term Contracts To Appropriately Balance Worker Protection And Employer Flexibility, Jovita T. Wang
Washington International Law Journal
China’s economy rapidly developed as it shifted from a planned economy to a market economy. Cheap labor encouraged foreign companies to conduct business in China, but that business came at the expense of labor protection. Workers who had previously enjoyed lifetime employment suddenly faced rampant layoffs, labor abuse, and unemployment. Despite China’s implementation of the Labor Law in 1994, labor abuse continued, especially by employers refusing to follow written contract requests to define the employment relationship. Many workers were left unprotected. In response to these problems, China passed the Labor Contract Law in 2007 to clarify requirements of employment contracts …
Invalidity Of Covenants Not To Compete In California Affects Employers Nationwide, Sheri Wardwell
Invalidity Of Covenants Not To Compete In California Affects Employers Nationwide, Sheri Wardwell
Washington Journal of Law, Technology & Arts
In Edwards v. Arthur Andersen LLP, the Supreme Court of California rejected the Ninth Circuit Court of Appeals’ “narrow restraint” exception to California Business and Professional Code section 16600 regarding the unenforceability of covenants not to compete (CNCs). Edwards affirms that, unless the agreement falls within a statutory exception, CNCs in employment agreements are invalid as a matter of law in California because of California's strong interest in protecting employee mobility as codified in section 16600. Despite California’s strong public policy against CNCs, an employee who wins the race to a California courthouse may not necessarily benefit from section …
You Can Send This But Not That: Creating And Enforcing Employer Email Policies Under Sections 7 And 8 Of The National Labor Relations Act After Register Guard, Nicole Lindquist
You Can Send This But Not That: Creating And Enforcing Employer Email Policies Under Sections 7 And 8 Of The National Labor Relations Act After Register Guard, Nicole Lindquist
Washington Journal of Law, Technology & Arts
The National Labor Relations Board’s decision in Register Guard Company (Register Guard) set new precedent regarding employee rights to use employer email systems to discuss protected activities under Section 7 of the National Labor Relations Act. The decision established two new rules of law regarding employer email policies: first, employers have a property interest in their email systems, and may, therefore, create email policies prohibiting non-work related emails including Section 7 related communications. Second, employers may enforce email limitations differently between union and non-union related emails, so long as the enforcement is not made “along Section 7 lines.” …
Text Message Monitoring After Quon V. Arch Wireless: What Private Employers Need To Know About The Stored Communications Act And An Employee's Right To Privacy, Jennifer Heidt White
Text Message Monitoring After Quon V. Arch Wireless: What Private Employers Need To Know About The Stored Communications Act And An Employee's Right To Privacy, Jennifer Heidt White
Washington Journal of Law, Technology & Arts
In June 2008, the Ninth Circuit Court of Appeals held that public employees have a reasonable expectation of privacy in the content of text messages sent from employer-owned devices. The court concluded that the expectation of privacy arises vis-à-vis the text-message service provider, even where an employee has signed an explicit waiver of such an expectation. The decision, Quon v. Arch Wireless, raises difficult questions about the limitations placed on text-message service providers by the Stored Communications Act, and an employer’s ability to regulate and monitor employee use of technology in the workplace. Although Quon only applies to public …