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Articles 1 - 30 of 61
Full-Text Articles in Law
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Neal E. Devins
No abstract provided.
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Sara Slinn
Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …
Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch
Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
The Rise And Fall Of Private Sector Unionism: What Next For The Nlra?, Jeffrey M. Hirsch, Barry T. Hirsch
The Rise And Fall Of Private Sector Unionism: What Next For The Nlra?, Jeffrey M. Hirsch, Barry T. Hirsch
Jeffrey M. Hirsch
No abstract provided.
Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch
Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch
Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Rick Su
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Green Coleman
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Green Coleman
Llezlie Coleman
Working Relationships, Laura A. Rosenbury
Working Relationships, Laura A. Rosenbury
Laura A. Rosenbury
In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …
Unusual Unanimity And The Ongoing Debate On The Meaning Of Words: The Labor And Employment Decisions From The Supreme Court's 2013-14 Term, Michael Z. Green
Unusual Unanimity And The Ongoing Debate On The Meaning Of Words: The Labor And Employment Decisions From The Supreme Court's 2013-14 Term, Michael Z. Green
Michael Z. Green
During its 2013-14 term, the Supreme Court focused on labor relations, wage and hour law, whistleblowing, and employee benefits in several cases. The Court also addressed constitutional issues concerning the First Amendment, the Recess Appointments Clause, and affirmative action. The Court did not decide any employment discrimination cases during the term. Even without employment discrimination cases, the 2013-2014 term provided ten key cases of importance to labor and employment lawyers. Three of these cases involved distinctly different matters of concern for organized labor. Two cases addressed employee whistleblowing matters. Three cases focused on employee benefits. Two cases addressed issues tangentially-related …
Against Employer Dumpster-Diving For Email, Michael Z. Green
Against Employer Dumpster-Diving For Email, Michael Z. Green
Michael Z. Green
Recent attorney client-privilege cases ojfer a modern understanding of reasonable expectations of employee privacy in the digital age. Today employees are sending an increasing number of electronic mail communications to their attorneys via employer-provided computers or other digital devices with an expectation of privacy and confidentiality. Historically, courts summarily dispensed with these matters by finding that an employer policy establishing employer ownership of any communications made through employer-provided devices eliminated any employee expectation of privacy in the communications and waived any viable privacy challenges to employer review of those communications. Nevertheless, within the last couple of years, several cases involving …
Unpaid Furloughs And Four-Day Work Weeks: Employer Sympathy Or A Call For Collective Employee Action, Michael Z. Green
Unpaid Furloughs And Four-Day Work Weeks: Employer Sympathy Or A Call For Collective Employee Action, Michael Z. Green
Michael Z. Green
In these tough economic times, employers have responded by pursuing four-day work weeks and other mechanisms that change the components of the standard five-day work week. Although four-day work weeks provide some savings in the form of reduced operating and energy costs and have received recent notice for also being family-friendly and environmentally friendly, current dismal economic prospects have inspired employers to pursue other work week changes to achieve further savings. Furloughs, also referred to as unpaid days off, represent a form of a reduced work week as employees do not work during their furloughed time and receive no income …
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.
Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd
Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd
Nancy Dowd
This Article focuses on restructuring the workplace in the context of maternity leave. Although most women are no longer, and, indeed, generally cannot be required to take maternity leave, many are not guaranteed leave or may be provided only with inadequate leave. A minority of states have addressed this problem by enacting statutes requiring that all employers provide job-protected maternity leave. Two of the statutes, the California and Montana provisions, have been challenged as discriminatory under Title VII of the Civil Rights Act of 1964 and the equal protection clause of the 14th Amendment, and the Supreme Court has recently …
Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd
Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd
Nancy Dowd
The ultimate goal of work/family policy has always seemed deceptively clear: to provide institutional and cultural support to permit a healthy balance between family and work. An implicit assumption of that goal is that it would be achieved without undermining principles of equality. Indeed, the assumed result of work/family balance is that it would help achieve equality: families would be treated equally, caregivers would be supported equally, and children and family members would receive necessary and important care equally. It has long been recognized that work/family balance is especially critical to gender equality. Equality principles require that work/family policy and …
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
Nancy Dowd
The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment. The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Nancy Dowd
When we talk about the connections between work, family, and marriage, what are our assumptions or our implicit model? In this essay, I hope to expose the importance of questioning the framework within which we operate. Marriage continues to be a core focus of the typical family law course. As a matter of public policy, supporting and valuing marriage, and concern about the conflict between work and family because of the strains it imposes on marriage, makes balancing work and family within a marital framework a focus of law and policy. In this essay, I argue that we need to …
Amicus Brief (Certiorari Stage) -- Kalyanaram V. New York Institute Of Technology, Adam Lamparello, Charles E. Maclean
Amicus Brief (Certiorari Stage) -- Kalyanaram V. New York Institute Of Technology, Adam Lamparello, Charles E. Maclean
Adam Lamparello
Whistleblowers should not be required to pick their poison. They should not be penalized for following the law, particularly where, as here, the alleged “wrong” relied upon by the Second Circuit Court of Appeals was Petitioner’s compliance with the Act’s sealing provision. See 31 U.S.C. § 3730(b)(2) That provision expressly requires whistleblowers to maintain the confidentiality of qui tam lawsuits during the pendency of a government investigation. Petitioner followed the Act’s express mandate—and suffered the consequences.
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status. …
Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.
Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.
Valencia T Johnson
Landing stable employment can be difficult and discouraging. Some employers want applicants that are searching for a “career”, and some employers are looking for applicants that want a “job”. Ask yourself, what is the difference between a job and a career? In simple terms, a job is short-term and a career is long-term. Applicants who seek a job would likely stay less than a year, as with a career, the candidate would likely stay more than a year or longer. This article provides a clear and concise overview of the exploratory study of landing a career or job.
The Gross Confusion Deep In The Heart Of Univ. Of Texas S.W. Med. Center V. Nassar, Brian S. Clarke
The Gross Confusion Deep In The Heart Of Univ. Of Texas S.W. Med. Center V. Nassar, Brian S. Clarke
Brian S. Clarke
This essay addresses a fundamental issue underlying the Supreme Court’s consideration of Univ. of Texas S.W. Med. Center v. Nassar, namely the parameters of the factual causation standard applicable in disparate treatment cases. This essay also addresses a previously unrecognized area of agreement between the plurality and dissent in Price Waterhouse v. Hopkins that can resolve the factual causation issue underlying Nassar.
The Court’s most recent pronouncement on this issue, in Gross v. FBL Financial Services, has led to confusion as defendants and courts have interpreted Gross to require sole factual causation for the plaintiff to prevail. Yet, sole causation …
The Regulatory Future Of Contingent Employment: An Introduction, Mark H. Grunewald
The Regulatory Future Of Contingent Employment: An Introduction, Mark H. Grunewald
Mark H. Grunewald
No abstract provided.
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, while the law recognizes a difference between the types of workers, it provides little to guide employers in making the proper classification. Instead, employers must rely on a variety of legal tests devised by courts and government agencies to determine worker status. The most commonly used test, the common law agency test, requires analysis of many factors. The most important factor is the right of the employer to control the worker's performance. Nevertheless, while the right to control dominates, the test involves …
The Constitution, The Roberts Court & Business: The Significant Business Impact Of The Supreme Court's 2011-2012 Term, Corey A. Ciocchetti
The Constitution, The Roberts Court & Business: The Significant Business Impact Of The Supreme Court's 2011-2012 Term, Corey A. Ciocchetti
Corey A Ciocchetti
The 2011-2012 Supreme Court term created quite the media buzz. The Affordable Care Act cases and the controversial Arizona immigration law dominated the headlines. But the term also included other fascinating yet less sensationalized cases. The Court heard its fair share of criminal law controversies involving derelict defense attorneys and prosecutors as well as civil procedure disputes involving qualified immunity for witness in grand jury proceedings and private parties assisting the government in litigation. The justices also entertained arguments on a federal law allowing United States citizens born in Jerusalem to have “Israel” stamped as their birthplace on a passport. …
A Better Route Through The Swamp: Causal Coherence In Disparate Treatment Doctrine, Brian S. Clarke
A Better Route Through The Swamp: Causal Coherence In Disparate Treatment Doctrine, Brian S. Clarke
Brian S. Clarke
Disparate treatment doctrine has long been a swamp and it is getting deeper and murkier. The various judicially and legislatively created routes through the swamp – proof schemes – are poorly marked and at, best, imperfect. Critically, the routes through the swamp have become unmoored from the critical cause-in-fact inquiry they were ostensibly designed to illuminate.
Focusing first on cause-in-fact, this article seeks to establish causal coherence in disparate treatment doctrine by applying – for the first time – modern cause-in-fact theory, including the necessary element of a sufficient causal-set (“NESS”) standard articulated in the Restatement (Third) of Torts, across …
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Justine Pila
The vast majority of inventions are devised by employees, raising the question who is entitled to patent them? Under the UK Patents Act 1977, the right to patent an invention lies primarily with its inventor(s). However, an exception exists for employee inventions to which section 39(1) applies. The recent decision of the Full Court of the Federal Court of Australia in UWA v Gray raises the question of the applicability of this provision in the university context, in respect of regular academic employees. In that case, the Court relied on UK authorities to support its conclusion that the University of …
‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila
‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila
Justine Pila
Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced ‘to codify in a few lines the accumulated common law experience’ prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was built around a private sector paradigm the courts’ departure from which is supported by a ‘rational reason’ in the Shanks v Unilever plc …
Whistleblowers And The Obama Presidency: The National Security Dilemma, Richard E. Moberly
Whistleblowers And The Obama Presidency: The National Security Dilemma, Richard E. Moberly
Richard E. Moberly
As a candidate for President, Barack Obama promised to protect whistleblowers because they are, in his words, “watchdogs of wrongdoing and partners in performance.” Three years into his Presidency, Obama’s record often demonstrates strong support for employees who disclose government misconduct. He appointed whistleblower-rights supporters to key administrative posts and fought to include robust whistleblower protections in his key legislative accomplishments, such as the economic stimulus package, health care reform and the financial reform bill. However, the Obama Administration’s treatment of national security whistleblowers has been decidedly less emphatic and more nuanced. His Administration aggressively prosecuted unauthorized disclosures related to …
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
Marley S. Weiss
No abstract provided.