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Articles 1 - 10 of 10
Full-Text Articles in Law
Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel
Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel
Chicago-Kent Law Review
The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory …
Vol. 27, No. 4, Ryan Shannon
Vol. 27, No. 4, Ryan Shannon
The Illinois Public Employee Relations Report
Contents:
Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon
Recent Developments
Vol. 27, No. 3, Librado Arreola
Vol. 27, No. 3, Librado Arreola
The Illinois Public Employee Relations Report
Contents:
The Fate of Arbitration Agreements after 14 Penn Plaza LLC v. Pyett, by Librado Arreola
Recent Developments
Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager
Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager
Chicago-Kent Law Review
Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer . . . to discriminate against any individual" on the basis of sex. Accordingly, in Meritor Savings Bank, FSB v. Vinson, the Supreme Court recognized that sex discrimination in employment can give rise to a hostile work environment claim under Title VII. The scope of a hostile work environment claim has not been interpreted uniformly by the lower courts, however, as a circuit split exists today over whether conduct occurring outside the workplace is relevant to a hostile work environment claim. …
Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock
Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock
Chicago-Kent Law Review
With the Lilly Ledbetter Fair Pay Act of 2009, Congress both reversed the result of the widely criticized Ledbetter Supreme Court case and expanded the statute of limitations for all employment discrimination claims relating to compensation. Under the Act, a compensation-based employment discrimination claim's statute of limitations period of three hundred days begins to run whenever an employee is "affected" by a discriminatory practice. The language of the Act is far-reaching, but just five months after the Act was signed into law, the Supreme Court stepped in again to narrow the Act's application to pension benefits in AT&T Corp. v. …
Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman
Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman
Chicago-Kent Law Review
This Article is based on the 2009 Kenneth M. Piper Lecture at the Chicago-Kent College of Law. The 2008–2009 financial meltdown and ensuing economic developments have shown three things about modern capitalism: First, that unfettered financial markets remain the Achilles heel of capitalism with the capability of destroying economic stability and bringing misery to all. Second, that high-powered incentives paid to "talent" in finance are a fundamental cause of the excessive risk-taking, chicanery, and financial fraud that contributes to instability. Without a new compensation system that rewards banking and finance for contributing to sustainable economic progress rather than for economic …
Vol. 27, No. 2, Michael J. Duggan, Julie E. Lewis, Mallory Milluzzi
Vol. 27, No. 2, Michael J. Duggan, Julie E. Lewis, Mallory Milluzzi
The Illinois Public Employee Relations Report
Contents:
Labor Relations in Hard Times, by Michael J. Duggan, Julie E. Lewis, and Mallory Milluzzi
Recent Developments
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Vol. 27, No. 1, Ronald J. Kramer
Vol. 27, No. 1, Ronald J. Kramer
The Illinois Public Employee Relations Report
Contents:
Ricci v. DeStefano: What It Means for Public Employees, by Ronald J. Kramer
Recent Developments