Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (98)
- Maurer School of Law: Indiana University (26)
- Vanderbilt University Law School (12)
- William & Mary Law School (9)
- Pepperdine University (6)
-
- University of Georgia School of Law (5)
- University of Richmond (4)
- American University Washington College of Law (3)
- Florida State University College of Law (3)
- Villanova University Charles Widger School of Law (3)
- Chicago-Kent College of Law (2)
- Fordham Law School (2)
- Marquette University Law School (2)
- St. John's University School of Law (2)
- The University of Akron (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- West Virginia University (2)
- Brigham Young University (1)
- DePaul University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Kentucky (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (81)
- Indiana Law Journal (25)
- University of Michigan Journal of Law Reform (15)
- Vanderbilt Law Review (12)
- William & Mary Law Review (7)
-
- Georgia Journal of International & Comparative Law (5)
- Pepperdine Law Review (5)
- University of Richmond Law Review (4)
- Florida State University Law Review (3)
- Villanova Law Review (3)
- Akron Law Review (2)
- Chicago-Kent Law Review (2)
- Fordham Urban Law Journal (2)
- Nevada Law Journal (2)
- St. John's Law Review (2)
- Washington Law Review (2)
- West Virginia Law Review (2)
- American University Law Review (1)
- Brigham Young University Prelaw Review (1)
- Catholic University Law Review (1)
- DePaul Journal of Sports Law (1)
- Hofstra Labor & Employment Law Journal (1)
- Human Rights Brief (1)
- Indiana Journal of Law and Social Equality (1)
- Kentucky Law Journal (1)
- Labor & Employment Law Forum (1)
- Maine Law Review (1)
- Marquette Law Review (1)
- Marquette Sports Law Review (1)
- Maryland Law Review (1)
Articles 1 - 30 of 193
Full-Text Articles in Law
Rigid Rideshares And The Driver Flexibility Myth, Seth Goldstein
Rigid Rideshares And The Driver Flexibility Myth, Seth Goldstein
St. John's Law Review
(Excerpt)
In 2018, Uber, Lyft, and similar organizations spent $224 million to ensure that Proposition 22 ("Prop. 22") passed in California, reclassifying gig workers as independent contractors, but with some rights not typically guaranteed to independent contractors. Through the most expensive ballot measure in U.S. history at that point, Uber and Lyft argued that to preserve flexibility for drivers, they must remain as independent contractors under the law. However, Prop. 22 did not increase driver benefits nor provide any assurances of flexibility. Many workers in California "regret casting their ballots for Prop. 22" and "feel deceived" by Uber and Lyft. …
All Along The New Watchtower: Artificial Intelligence, Workplace Monitoring, Automation, And The National Labor Relations Act, Bradford J. Kelley
All Along The New Watchtower: Artificial Intelligence, Workplace Monitoring, Automation, And The National Labor Relations Act, Bradford J. Kelley
Marquette Law Review
Recent technological advances have dramatically expanded employers’ ability to electronically monitor and manage employees within the workplace. New technologies, including tools powered by artificial intelligence, are being used in the workplace for a wide range of purposes such as measuring employee work rates, preventing theft, and monitoring drivers with GPS tracking devices. These technologies offer potential solutions for many companies that may increase efficiencies and support operations, dramatically reduce human bias, prevent discrimination and harassment, and improve worker health and safety. Despite these potential benefits, the use of these technologies may raise concerns under the National Labor Relations Act (NLRA), …
Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore
Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore
Indiana Law Journal
In the history of new labor localism, city-level living wage ordinances—emerging in the 1990s with Los Angeles leading the way—have generally been understood as a second-best, limited antipoverty device designed to raise wage floors, with only indirect effects on organized labor. Drawing upon original archival materials, this Article offers an alternative reading of the history of the living wage in Los Angeles, showing how it was designed and operationalized as a proactive tool to rebuild union density and reshape city politics. Doing so makes four key contributions. First, the Article theorizes and empirically examines the living wage as a pioneering …
The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew
The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew
DePaul Journal of Sports Law
Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …
Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen
Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen
William & Mary Journal of Race, Gender, and Social Justice
The National Labor Relations Board (NLRB) made a number of significant changes to the interpretation and enforcement of the National Labor Relations Act (NLRA or the Act) under the Trump administration. The collective impact of these changes may make it more difficult for workers to bring successful unfair labor practice charges against their employers. Although NLRB case decisions and rulemaking affect a large proportion of American workers, the significance of these policy changes is often not widely recognized. This Note will examine one such change—the Board’s 2019 Alstate Maintenance decision that overturned its 2011 decision in WorldMark by Wyndham.
Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien
William & Mary Business Law Review
Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may violate employer civility rules and/or equal employment opportunity laws. Important interests are at stake, including for employers to maintain a safe, discrimination-free workplace; and for employees to exercise their right to communicate about workplace matters. This Article analyzes recent cases on the question when offensive employee …
Structural Labor Rights, Hiba Hafiz
Structural Labor Rights, Hiba Hafiz
Michigan Law Review
American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …
Realigning Federal Statutes: Contradictions Between The Federal Arbitration Act And The National Labor Relations Act, Denise Han
Brigham Young University Prelaw Review
Christopher Steele and Brendan Leveron were employees at a private
maintenance company named Pinnacle. Both Steele and Leveron
reported that Pinnacle allegedly forced them to work overtime without
just compensation—an allegation that, if proven valid, would
violate the Fair Labor Standards Act and California state law. They
also claimed that Pinnacle was guilty of unfair business practices,
retaliation and whistleblowing violations, and a failure to account.
Soon after Steele and Leveron filed these allegations, they discovered
that their predicament was not unique across the firm. In 2012,
they decided to represent their fellow employees in a class-action suit
which so …
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
The Journal of Business, Entrepreneurship & the Law
This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA and class action …
Alternative Remedies For Undocumented Workers Left Behind In A Post-Hoffman Plastic Era, Rachel S. Steber
Alternative Remedies For Undocumented Workers Left Behind In A Post-Hoffman Plastic Era, Rachel S. Steber
Catholic University Law Review
Congress enacted the National Labor Relations Act (NLRA) in 1935 in order to level the bargaining power of employees and employers to prevent burdening the flow of commerce and depressing workers’ wages. The NLRA vests the administration of promulgating the goals of the NLRA in the National Labor Relations Board (Board), broadly stating that the Board should take such affirmative action as necessary to effectuate the policies of the Act.
In 1935, however, Congress could not predict the future demographic makeup of the American workforce, and in its definition of an “employee” as covered under the NLRA, the statute makes …
Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi
Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi
University of Michigan Journal of Law Reform
Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies.
Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees.
Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized …
Dump And Chase: Why The Nfl, Nba, And Mlb Should Abandon Their Problematic Amateur Draft Age Limits And Rookie Wage Structures And Adopt The Current Nhl Model, Zach Leach
Marquette Sports Law Review
None
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
Maine Law Review
Labor rights in countries with predominantly free market economies have generally passed through three stages--repression, tolerance, and recognition. In the United States, nineteenth-century state and federal governments repressed labor unions by making conduct, such as workers banding together for higher wages, subject to criminal penalty and civil liability. Courts paved the way for tolerating labor unions by overruling repressive precedents. By the early twentieth century, Congress followed suit by legislatively exempting unions from certain legal liabilities. In 1935, Congress enacted Section 7 of the National Labor Relations Act (NLRA), marking the first formal federal government recognition of employees' “right to …
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
Michigan Journal of Environmental & Administrative Law
Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that interpreted by the Board in WinStar World Casino. The survey identified four treaties and four tribes that could make treaty-based arguments like those made in Winstar World Casino: the Confederated Tribes of the Umatilla Indian Reservation, the Muscogee (Creek) Nation, the Seminole Nation of …
I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien
I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien
St. John's Law Review
(Excerpt)
This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Labor & Employment Law Forum
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.
Are Unions A Constitutional Anomaly?, Cynthia Estlund
Are Unions A Constitutional Anomaly?, Cynthia Estlund
Michigan Law Review
This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements. Its …
The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs
The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs
Florida State University Law Review
Secondary Handbilling: The Need For A New Response, Heather Briggs, Curtis L. Mack
Secondary Handbilling: The Need For A New Response, Heather Briggs, Curtis L. Mack
Akron Law Review
This article will examine both the reasoning between the two diverging lines of cases regarding secondary handbilling and picketing, and the possible avenues of relief which might be available to the neutral employer that finds itself caught in the crossfire of a labor dispute.
The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd
The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd
Akron Law Review
This article will first examine the origin and development of significant presumptions and second, suggest a method by which the Board could better protect the Section 7 rights of employees without risking destabilization of the collective-bargaining process.
Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons
Georgia Journal of International & Comparative Law
No abstract provided.
International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus
Georgia Journal of International & Comparative Law
No abstract provided.
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
Georgia Journal of International & Comparative Law
No abstract provided.
Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird
Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird
Georgia Journal of International & Comparative Law
No abstract provided.
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Hofstra Labor & Employment Law Journal
This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.
The grant-in-aid football players of Northwestern University meet the three rules normally used to …
Don't Touch That Grapefruit!: Prohibiting The Encouragement By U.S. Unions Of Secondary Boycotts Abroad, George E. James
Don't Touch That Grapefruit!: Prohibiting The Encouragement By U.S. Unions Of Secondary Boycotts Abroad, George E. James
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: Democracy At Work, Ruben J. Garcia
Introduction: Democracy At Work, Ruben J. Garcia
Nevada Law Journal
No abstract provided.
Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund
Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund
Nevada Law Journal
No abstract provided.
Rights Of Belonging For Women, Rebecca E. Zietlow
Rights Of Belonging For Women, Rebecca E. Zietlow
Indiana Journal of Law and Social Equality
No abstract provided.