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Labor and Employment Law

2016

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Articles 331 - 345 of 345

Full-Text Articles in Law

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius Jan 2016

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

All Faculty Scholarship

Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …

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Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy Jan 2016

Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy

Faculty Scholarship

Fishkin and Forbath’s (F&F’s) manuscript is a project of recovery. It portrays the present as a time marked by a “Great Forgetting” of a tradition of constitutional political economy. F&F name what has been forgotten the “democracy of opportunity” tradition. Recovering it would mean again treating the following three principles as linked elements at the core of our Constitution: (1) an anti-oligarchy principle that works to prevent wealth from producing grossly unequal political power; (2) a commitment to a broad middle class with secure, respected work; and (3) a principle of inclusion that opens participation in both citizenship and the …

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Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard Jan 2016

Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard

Other Publications

No abstract provided.

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Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin Jan 2016

Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin

UIC Review of Intellectual Property Law

The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.

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Authority And Authors And Codes, Michael J. Madison Jan 2016

Authority And Authors And Codes, Michael J. Madison

Articles

Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden by the CFAA. Courts are divided in their interpretation of this language in the statute. This Article first proposes to address the issue with an insight from social science research. Neither criminal nor civil liability under the CFAA should attach unless the alleged violator has transgressed some border or boundary that is rendered visible …

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Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake Jan 2016

Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake

Articles

Ever since the Supreme Court’s short-lived decision in Ledbetter v. Goodyear Tire Company, the equal pay movement has coalesced around the Paycheck Fairness Act as the legal reform strategy for addressing the gender wage gap. The centerpiece of the Act would tighten the Factor Other Than Sex defense (FOTS) to require the employer’s sex-neutral factor to be bona fide, job-related for the position in question, and consistent with business necessity. Even without the Paycheck Fairness Act, some recent lower court decisions have interpreted the existing Equal Pay Act to set limits on the nondiscriminatory factors that can satisfy the …

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The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán Dec 2015

The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

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No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman Dec 2015

No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman

John C. Eastman

The Hobby Lobby decision incited a wave of vitriolic responses, but it is important to understand what the Court actually held before assessing whether such a response was warranted. After reviewing the circumstances leading to the Patient Protection and Affordable Care Act and its accompanying regulations, it is clear that the Court’s legal analysis was correct. Exploring the criticisms from the media and the legal academy in light of that fact reveals the current dispute in the United States over the very nature and purpose of government. In addition scholars and citizens should note the several questions left unaddressed in …

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Employee Electronic Communications In A Boundaryless World, Robert Sprague Dec 2015

Employee Electronic Communications In A Boundaryless World, Robert Sprague

Robert Sprague

In 2007, the National Labor Relations Board decided that an employer could maintain an email communications policy that prohibits nonwork-related messages, even if those messages involved communications otherwise protected under the National Labor Relations Act. In December 2014, the National Labor Relations Board reversed this holding, but in doing so, limited its decision to just workplace email. This article argues that such a prescription is outdated and archaic in light of today’s modern workplace filled with communications devices and systems that blur the distinction between work and personal life. This article explains that such a prescription can cause employees to …

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Redefining "Employee" To Provide Worker Protections Within A Flexible Workforce, Robert Sprague Dec 2015

Redefining "Employee" To Provide Worker Protections Within A Flexible Workforce, Robert Sprague

Robert Sprague

This paper focuses on firms misclassifying workers as independent contractors instead of as employees. This means fewer and fewer workers are afforded legal workplace protections. The tests used to determine how workers should be classified are complex and convoluted. This paper argues that rather than focus on classifying a worker solely as either an employee or independent contractor, the concept of “employee” should be redefined to incorporate those workers who are somewhere in between, which describes a large number of workers in the U.S. who are denied protection from workplace laws.

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Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz Dec 2015

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

Hiba Hafiz

The concept of economic coercion—that a relationship or transaction can be economically exploited for the benefit of some over others—is elaborated at the intersection of economic theory and economic realities, moral and political understandings of freedom, jurisprudence and the lived application of the law to facts. As a category of criminal and civil wrong, it has been directly and indirectly adjudicated in a breathtaking array of contexts of private and public ordering. Theories of economic coercion are decisive in drawing the line between what constitutes labor market competition and forced labor, which federal programs constitutionally encourage state action and which …

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Workplace Rumors About Women's Sexual Promiscuity As Gender-Based Insults Under Title Vii, Wendy Hess Dec 2015

Workplace Rumors About Women's Sexual Promiscuity As Gender-Based Insults Under Title Vii, Wendy Hess

Wendy Hess

No abstract provided.

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Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally Dec 2015

Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

William A. Herbert

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

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A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French Dec 2015

A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French

Christopher C. French

When the superstar athlete -“Iron Mike” Webster - a 9-time National Football League (NFL) Pro Bowler, 4-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers died at age 50 with severe brain dysfunction after becoming homeless and living in a truck, it was discovered he had a previously nameless disease, Chronic Traumatic Encephalopathy (CTE). The discovery of CTE opened the floodgates on interest in delayed manifestation brain diseases caused by repeated blows to the head. As part of that flood, numerous class actions were brought by retired NFL football players against the NFL for their alleged …

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Angry Employees, Susan D. Carle Dec 2015

Angry Employees, Susan D. Carle

Susan D. Carle

INTRODUCTION: To read federal case law decided under Title VII of the Civil Rights Act of 19641-the provision that prohibits employment discrimination on the basis of race, sex, and other characteristics-is to be struck by the continuing racial and sexual hostility in U.S. workplaces today, and also at courts' too frequent unwillingness to address it. Courts throw out plaintiffs' cases even where the facts involve such egregious employer behavior as, in the race context, supervisors repeatedly calling employees the n-word and using other racial epithets, ordering African American employees to perform work others in the same job classification do not …

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