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Articles 1 - 30 of 40
Full-Text Articles in Law
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Fordham Urban Law Journal
No abstract provided.
An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda
Fordham Urban Law Journal
No abstract provided.
Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau
Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau
Fordham Urban Law Journal
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman
Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman
Fordham Urban Law Journal
No abstract provided.
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Fordham Urban Law Journal
There is no question that litigation is expensive, but we remain puzzled as to why the solution to this problem should be arbitration. All the reasons arbitration is cheaper than litigation cut against the rights-holder or against the enforcement of laws. Commentators who argue that arbitration may be the only or best option for some rights-holders implicitly accept a deeply cynical conception of who is entitled to enjoy full remedies for a deprivation of rights. If the problem is a lack of counsel, that lack requires attention, as giving up on courts for certain segments of society is not a …
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Fordham Urban Law Journal
This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
Fordham Urban Law Journal
The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …
Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory
Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory
Fordham Urban Law Journal
This Article focuses on Dorothy Day, the famous Catholic social activist, and the Catholic Worker, the newspaper she co-founded in 1933. Specifically, it focuses the 1949 strike by Catholic workers at Calvary Cemetery in Queens, New York City's largest Catholic cemetery. It further examines and the relationships between Day, who supported the strike, and then-Archbishop of New York Francis Spellman, who opposed it. The Article moves beyond this specific incident and examines the example Day and the Catholic Worker provided for people of all faiths, specifically Catholics and their relationship with their Bishop. Finally, the Article seeks to apply the …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Fordham Urban Law Journal
Federal Rule of Civil Procedure 24(a)(2) entitles charging parties to intervene as of right in Section 10(j) proceedings for preliminary injunctive relief. The Scottex court's analysis and its determination that the charging party's Rule 24(a)(2) motion to intervene was due to be granted, were correct. The Scottex analysis comports with the federal labor law scheme and is the only analysis that takes proper account of the Supreme Court's decision in Trbovich. Moreover, it is the only analysis that is consistent with the text and purposes of both Rule 24(a)(2) and Section 100.
Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno
Fordham Urban Law Journal
Troubled economic conditions exacerbate acts of employment discrimination. It is a common concern that employers will replace their older, more expensive workers with younger employees who will work at lower salaries. The Age Discrimination in Employment Act ("ADEA") was enacted by Congress to combat age discrimination against workers forty years of age and over. This Note focuses on one issue that has arisen out of the ADEA -- employers' use of waivers through which employees agree to release employers from any age discrimination claims in exchange for additional severance pay and benefits. Specifically, this Note analyzes whether an employee who …
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
Fordham Urban Law Journal
The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …
Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio
Fordham Urban Law Journal
The constructive discharge rule states that if intolerable working conditions associated with the employer's discrimination force the employee to resign, then the employee will be considered to have been "constructively" discharged on the date of resignation. The employee will be treated as if he or she had been fired by the employer and therefore is eligible for remedies traditionally associated with wrongful termination, such as reinstatement and backpay past the date of "discharge." If the employee has not been constructively discharged, then under the general rule the employee will only be entitled to preresignation backpay. In examples similar to this …
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall
Fordham Urban Law Journal
The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …
Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Fordham Urban Law Journal
This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Fordham Urban Law Journal
The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Notice Requirements: Federal Preemption Of State And Local Plant Closing Statutes, Joanne K. Guinan
Fordham Urban Law Journal
In an attempt to ease the burden placed on employees by the sudden, unannounced closing of their workplaces, several states' and cities throughout the United States have passed "plant closing statutes." The Federal government's Taft-Hartley Act requires that a company give a union reasonable notice of a decision to close in order that meaningful bargaining may be undertaken. This Note examines the general application of the preemption doctrine especially in the labor relations field and then applies the doctrine, specifically, to plant closing statutes. The Note then examines the invalidity of state and local statutes in light of the doctrine …
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
Fordham Urban Law Journal
Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Fordham Urban Law Journal
The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Fordham Urban Law Journal
The private security industry is experiencing great prosperity. Despite the job opportunities in the industry, however, there are various problems endemic to employment as a security guard. Wages are usually low and risks can be high. While union membership has increased among security guards, collective bargaining has been unsuccessful in alleviating the occupation's problems. Section 9(b)(3) of the National Labor Relations Act specifically prevents the Board from finding a unit appropriate if it includes both guards and non-guards. This section cannot be applied properly without first considering the Act's overall policies and Congress' specific intention in passing this section. Meanwhile, …
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Fordham Urban Law Journal
Since the Supreme Court held in Griggs that Title VII of the Civil Rights Act of 1964 prohibits employers from using employment selection systems which are not job-related or which act as "built in headwinds" for minorities, employment tests have been subject to more challenges in courtrooms. Since Griggs, courts have presumed employment tests challenged pursuant to Title VII to be invalid once the plaintiffs establish that the tests produce an adverse impact upon minorities. However, these courts have not suggested many alternative methods of testing and those that have been suggested are generally unworkable for employers who must comply …
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
Fordham Urban Law Journal
Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
Fordham Urban Law Journal
The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
Fordham Urban Law Journal
In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Fordham Urban Law Journal
As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …
Wildcat Strikes: The Affirmative Duty Of The Parent Union To Intervene, Thomas Kevin Sheehy
Wildcat Strikes: The Affirmative Duty Of The Parent Union To Intervene, Thomas Kevin Sheehy
Fordham Urban Law Journal
Most collective labor agreements contain a no-strike clause, a promise by the union that it will not authorize a strike in the bargaining unit for the life of the contract. Under Section 301 of the Labor Management Relations Act of 1947, "parent unions," as parties to collective bargaining contracts, are subject to liability for damages in federal court for breach of no-strike agreements. A parent union, however, cannot be held liable to an employer for a work stoppage not authorized or ratified by it. Such unauthorized work stoppages are commonly referred to as wildcat strikes. Recently, the Supreme Court held …
The Effect Of The Employment-At-Will Rule On Employee Rights To Job Security And Fringe Benefits, Joseph Degiuseppe, Jr.
The Effect Of The Employment-At-Will Rule On Employee Rights To Job Security And Fringe Benefits, Joseph Degiuseppe, Jr.
Fordham Urban Law Journal
Traditional concepts concerning the law regarding employment relationships of an indefinite duration have been the object of much criticism in recent years. The source of this controversy stems from the application of the so-called employment-at-will rule which provides that employment relationships of this nature may be terminated by either party at any time with or without notice or cause. The at-will rule, however, is not about to be abandoned. The overwhelming majority of jurisdictions continue to adhere to the view that employment relationships of an indefinite duration may be terminated at any time without notice "for good cause, for no …
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani
Fordham Urban Law Journal
The 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LWHCA) greatly increased the maximum benefits to be paid to an injured longshoreman by the shipowner and, nullifying two Supreme Court decisions, permitted an injured longshoreman to maintain an action against a shipowner premised upon the "unseaworthiness" of the shipowner's vessel. A finding of "unseaworthiness" would render the shipowner fully liable for any injuries that occurred. As a result of the 1972 Amendments, section 905(b) of the LHWCA provides that an injured longshoreman" can recover damages against a shipowner only upon a showing of negligence. This article identifies and …
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
Fordham Urban Law Journal
This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."