Law Commons^™

Evaluating Enforcement Of Environmental Measures To Fishing Vessels Not Covered By Solas Operating In Antarctic Waters, Manuel Alejandro Fuenzalida Lopez

World Maritime University Dissertations

No abstract provided.

The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki

SLU Law Journal Online

A large, grotesque, inflatable rat has become a symbol of organized labor, a target of controversy, and a defining icon for unions' rights under the First Amendment. In this article, Adam Kosmicki explores the implications for free speech and the protection of "neutral" parties following the NLRB's decision regarding Scabby in Int'l Union of Operating Engineers Local 150.

Impact Of Big Data Analytics On The Privacy Rights Of Seafarers, Adanna Nkiruka Okonkwo

World Maritime University Dissertations

No abstract provided.

Ratification And Implementation Of The 2014 Amendments To The Mlc, 2006: The Case Of China, Hao Huang

World Maritime University Dissertations

No abstract provided.

The Implementation Of Regulations 4.2 And 4.5 Of The Maritime Labour Convention, 2006 In Nigeria, Fatimah Temitope Lawal

World Maritime University Dissertations

No abstract provided.

The Ivorian Seafarer’S Social Security System And The Maritime Labour Convention, 2006, Agniman Stephanie Essanin

World Maritime University Dissertations

No abstract provided.

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.

The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart

University of Cincinnati Law Review

No abstract provided.

Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black

University of Cincinnati Law Review

No abstract provided.

Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.

Articles

An individual’s quality of employment over time has been highlighted as a potential determinant of mental health. With mental ill-health greatly contributing to work incapacities and disabilities in Belgium, the present study aims to explore whether mental health, as indicated by registered mental health-related disability, is structured along the lines of employment quality, whereby employment quality is assessed over time as part of individuals’ labour market trajectories.

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …

Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder

Dalhousie Law Journal

This paper looks at New Zealand’s Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2), an Act that changes Employments Standards legislation to allow bereavement leave for people and their partners at miscarriage and stillbirth. The paper is prompted by the huge media attention that this small change in law received globally. What might Canadian legislators learn by taking a careful look at this New Zealand law that permits an employee time off work to grieve a pregnancy loss? The questions that the legislation provokes are read through the lens of law and emotions literature, situated in the ways that …

More Than Fifty Years After The Enactment Of Federal Laws Forbidding Discrimination In Pay, The Wage Disparity Based On Sex Continues: Focusing On The Circuit Courts’ Differing Interpretations Of “Factors Other Than Sex”, Audrey K. Hurt

Mississippi College Law Review

The broad scope of this fourth affirmative defense available to employers under the EPA and Title VII allows for inconsistency in its interpretation and is responsible, at least in part, for the continued existence of wage discrimination. Without a prescribed means of application— specifically, a stricter means of application—employers are more readily absolved from liability under the FOTS defense. The best solution to this problem is for Congress to adopt a more stringent approach to the FOTS defense under the Equal Pay Act of 1963—an approach which would apply to Title VII, as well. However, with little headway being made …

Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle

SLU Law Journal Online

Just prior to the 2022 College Football Season, Louisiana State University Quarterback Myles Brennan decided to abruptly retire from football. Despite the unexpected finish to his career, Brennan is still going to likely retain all of the money he received in endorsements that were paid through the newly approved “NIL” deals available to collegiate athletes, as a result of a stipulation that these deals cannot be “performance-based”. In this article, Brian Ahle evaluates the potential ways in which endorsers may be able to protect their investments, while still complying with the NIL Policies that provide protections towards the athletes.

Without Accommodation, Jennifer Bennett Shinall

Indiana Law Journal

Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job Flexibilities Module, I …

Vol. 39, Vol. 4, Nicki Bazer, Jenny Lee

The Illinois Public Employee Relations Report

Praying at the 50-Yard Line: How Will Kennedy v. Bremerton Impact Public Schools?

The Role Of Law And Myth In Creating A Workplace That 'Looks Like America', Susan Bisom-Rapp

Faculty Scholarship

Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring employers to embrace efforts that work. Likewise, many employers and consultants fail to consider the organizational effects created by DEI and harassment programming. Willful ignorance prevents the admission that some policies and programming harm those most in need of protection.

This approach has resulted in two problems. One is a doctrinal dilemma because important presumptions embedded in antidiscrimination law …

The Ruling To Return The Indiscriminately Terminated Worker To His Work In Light Of The Moroccan Social Legislation, Nidal Mustafa Ghaith

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study examines the settlement of individual labour disputes arising between the employer and the employee through the ruling to return the arbitrarily dismissed employee to his work, as one of the judicial means that enables the two parties to resolve their dispute in a way that allows the stability of the work relationship between them. this is through talking about the jurisprudential position as well as the judicial approach towards the option of returning the dismissed employee to his work, and also addressing the various problems resulting from the application of this mechanism. Perhaps one of the most prominent …

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 …

Transition From The Informal To The Formal Economy: The Need For A Multi-Faceted Approach, Kamala Sankaran

Articles

The recent international attention paid to the formalization of the informal economy finds reflection in ILO Recommendation No. 204 concerning the transition from the informal to the formal economy and the Sustainable Development Goals (Target 8.3). There is great diversity within the categories of the informal sector, informal employment, and informal economy in India. This paper examines the category of the ‘informal economy’ as understood in international instruments as well as in international statistics and maps these onto legal categories recognized within Indian law. The categories of ‘employed’, ‘engaged’, and ‘work arrangement’ used in Indian laws, and their interpretation by …

No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo

Hofstra Labor & Employment Law Journal

No abstract provided.

How Low Can They Go? The Need For A Federal Minimum Whistleblower Protection, Conner J. Quinn

Hofstra Labor & Employment Law Journal

No abstract provided.

Liability For Toxic Workplace Cultures, Dana Florczak

University of Michigan Journal of Law Reform

Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold employers accountable for fostering discriminatory environments. Part I defines toxic workplace cultures and walks through case studies …

Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas

University of Michigan Journal of Law Reform

There has long been a consensus among scholars and union-side practitioners that the National Labor Relations Act (NLRA) is under-enforced. As a result, employers often treat violations of the NLRA as a cost of doing business rather than a serious violation of a federal statute. Calls for reform have historically tended to propose legislative amendments to the NLRA to constrain employer conduct and impose greater consequences for discrimination violations. However, little attention has been given to improving the flawed legal test by which such discrimination is analyzed, Wright Line, 251 N.L.R.B. 1083 (1980), enforced 662 F.2d 899 (1st Cir. 1981), …

The Good-Faith Doubt Test And The Revival Of Joy Silk Bargaining Orders, Brandon R. Magner

University of Michigan Journal of Law Reform

The last fifty-two years have borne witness to the swift degradation and virtual irrelevance of the bargaining order. By the end of the twentieth century even pro-enforcement officials in the NLRB were acknowledging the difficulty of obtaining an enforceable bargaining order, and the remedy rarely appears these days in the agency’s published decisions.

This is not the product of the usual economic or political factors cited as reasons for the labor movement’s and its attendant regulating schema’s diminishment. Rather, the decline of the bargaining order can be explained almost entirely by the disappearance of the so-called Joy Silk doctrine from …

Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott

Articles & Book Chapters

Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Secondary Picketing, Trade Restraints, And The First Amendment: A Historical And Practical Case For Legal Stability

Hofstra Labor & Employment Law Journal

Secondary picketing is picketing by a union aimed at someone other than the employer. It aims to coerce the other person to cut ties with the employer to gain leverage in a labor dispute. Today, secondary picketing is usually illegal; it is an unfair labor practice under section 8(b)(4)(ii)(B) of the National Labor Relations Act. If a union pickets a neutral third party, it can be subject to unfair-labor-practice charges, or even an injunction. This article explores why the Court continues to draw that distinction. It surveys the arguments for liberalizing picketing rules, and it places them in historical context. …