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Articles 1 - 30 of 310
Full-Text Articles in Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.
Dismantling The Mine Act, William B. Moran
Dismantling The Mine Act, William B. Moran
West Virginia Law Review
No abstract provided.
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso
Law Faculty Scholarship
Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.
Is A Highly Compensated Employee With Executive Duties Entitled To Or Exempt From Overtime Pay Under The Fair Labor Standards Act Where That Employee Is Paid At A Daily Rate?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Michael Hewitt is a highly compensated employee with executive duties who worked for Helix Energy Solutions Group. Helix paid Hewitt at a daily rate. Employees, even highly compensated employees with executive duties, may be entitled to overtime pay under the Fair Labor Standards Act (FLSA) where they are not paid on a salary basis. This case presents a question of regulatory interpretation of the Department of Labor’s salary-basis test.
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
West Virginia Law Review
Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …
Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso
Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
West Virginia Law Review
No abstract provided.
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso
Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Community Orchards And Food Security In Appalachia, Ursula Ramsey
Community Orchards And Food Security In Appalachia, Ursula Ramsey
West Virginia Law Review
No abstract provided.
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
West Virginia Law Review
No abstract provided.
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
West Virginia Law Review
No abstract provided.
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
West Virginia Law Review
No abstract provided.
Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso
Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso
Law Faculty Scholarship
Works councils, institutionalized bodies that facilitate representative communication between an employer and its employees, have expanded on a global scale in recent decades due, in large part, to their ability to increase employee representation, firm productivity and profitability, and social responsiveness. The United States has been notably absent from the global works-councils movement primarily because of an outdated, New Deal-era labor-relations system that generally prohibits these types of worker participation structures. The Authors provide a detailed overview of U.S. labor law in relation to works councils before presenting three contrasting options for increasing worker participation in the United States via …
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
West Virginia Law Review
No abstract provided.
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell
Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell
West Virginia Law Review
No abstract provided.
Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer
West Virginia Law Review
No abstract provided.
Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso
Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso
Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso
Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke
West Virginia Law Review
No abstract provided.
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
West Virginia Law Review
No abstract provided.