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Journal

Labor and Employment Law

2015

Institution
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Articles 1 - 30 of 202

Full-Text Articles in Law

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits Dec 2015

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits

City University of New York Law Review

No abstract provided.


Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke Dec 2015

Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke

West Virginia Law Review

No abstract provided.


Confusing Clarity: The Pregnancy Discrimination Act After Young V. Ups, Inc., Jessica M. Bretl Dec 2015

Confusing Clarity: The Pregnancy Discrimination Act After Young V. Ups, Inc., Jessica M. Bretl

Notre Dame Law Review Reflection

On March 25, 2015, the Supreme Court issued an opinion in Young v. UPS, Inc.—the most recent case in the Court’s pregnancy discrimination jurisprudence. Young focused on an interpretation of one clause of the Pregnancy Discrimination Act (PDA) and how that interpretation would shape claims of employment discrimination by pregnant employees seeking work accommodations. This Comment argues that the majority opinion in Young did not clarify, but only muddied the waters: the Young framework presents challenges for the lower courts tasked with applying the framework and creates uncertainty for future pregnancy discrimination litigation.

Part I of this Comment ...


Further And Further, Amen: Expanded National Labor Relations Board Jurisdiction Over Religious Schools, Christian Vareika Dec 2015

Further And Further, Amen: Expanded National Labor Relations Board Jurisdiction Over Religious Schools, Christian Vareika

Boston College Law Review

The National Labor Relations Board (“NLRB”) is charged with protecting workers’ rights through providing access to collective bargaining and enforcing unfair labor complaints. This charge meets an oft-competing mission, however, when applied to religiously affiliated educational institutions, which are guaranteed the protections of the religion clauses of the First Amendment. For many years, parochial schools have been beyond the reach of the NLRB. But with the Board’s 2014 decision in Pacific Lutheran University, that longstanding de facto moratorium has been called into question. This Note argues that the NLRB’s recently expanded jurisdiction is both inappropriate and likely unconstitutional ...


Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan Dec 2015

Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan

West Virginia Law Review

No abstract provided.


We Need Professional Help: Advocating For A Consistent Standard Of Review When Regulations Of Professional Speech Implicate The First Amendment, Erika Schutzman Dec 2015

We Need Professional Help: Advocating For A Consistent Standard Of Review When Regulations Of Professional Speech Implicate The First Amendment, Erika Schutzman

Boston College Law Review

The circuits are split as to what level of scrutiny should be applied to challenged regulations of professional speech. In the past two years, the Third and Fourth Circuit Courts of Appeals have applied intermediate scrutiny to regulations of professional speech, whereas the Ninth Circuit Court of Appeals has applied rational basis review. The Eleventh Circuit Court of Appeals first applied rational basis review, but then changed its approach in 2015 and applied intermediate scrutiny. This Note argues for the adoption of intermediate scrutiny as the appropriate standard with which to analyze regulations of professional speech. Intermediate scrutiny is the ...


If At First You Don't Succeed, Try, Try, Try Again: The Third Circuit Strikes Down Prevailing Wage Rule Once More In Comite De Apoyo A Los Trabajadores Agricolas V. Perez, Sara Moyer Dec 2015

If At First You Don't Succeed, Try, Try, Try Again: The Third Circuit Strikes Down Prevailing Wage Rule Once More In Comite De Apoyo A Los Trabajadores Agricolas V. Perez, Sara Moyer

Villanova Law Review

No abstract provided.


Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara Nov 2015

Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara

Pace Law Review

The story began nearly a century ago, when Congress enacted the Jones Act and effectively made “seamen the most generously treated personal injury victims in American law.” But defining a Jones Act seaman has not come easy, as it took the United States Supreme Court seventy five years to arrive at the modern seaman status test. This commentary examines the “tortured history” of the Jones Act, how qualification for the statute’s protections has evolved, the modern seaman status test, and the implications of the Fifth Circuit’s recent application thereof. Section II gives a brief history and explanation of ...


Practical Problems In Employment Law: Flma Notices And The Not-So-Reliable Mailbox Rule, Gina E. Mcandrew Nov 2015

Practical Problems In Employment Law: Flma Notices And The Not-So-Reliable Mailbox Rule, Gina E. Mcandrew

Villanova Law Review

No abstract provided.


Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz Nov 2015

Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz

Seton Hall Circuit Review

No abstract provided.


Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour Oct 2015

Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour

St. John's Law Review

No abstract provided.


Are Unions A Constitutional Anomaly?, Cynthia Estlund Oct 2015

Are Unions A Constitutional Anomaly?, Cynthia Estlund

Michigan Law Review

This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements ...


A Collective Good: Disability Diversity As A Value In Public Sector Collective Bargaining Agreements, Carrie Griffin Basas Oct 2015

A Collective Good: Disability Diversity As A Value In Public Sector Collective Bargaining Agreements, Carrie Griffin Basas

St. John's Law Review

No abstract provided.


Dialogic Labor Regulation In The Global Supply Chain, Kevin Kolben Oct 2015

Dialogic Labor Regulation In The Global Supply Chain, Kevin Kolben

Michigan Journal of International Law

In May 2006, the government of Jordan was facing a crisis. A small U.S. labor-rights activist group had just released a damning report documenting extensive labor abuses in Jordan’s fledgling garment industry. Adding fuel to the fire, the New York Times published a front-page story about the report with its own field work that corroborated some of the allegations, such as long and abusive working hours, the confiscation of passports of foreign workers, horrendous living conditions, and sexual harassment. Although garment manufacturing was new to Jordan, after just several years of existence it already constituted an important part ...


The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs Oct 2015

The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs

Florida State University Law Review



The Law Of Intimate Work, Naomi Schoenbaum Oct 2015

The Law Of Intimate Work, Naomi Schoenbaum

Washington Law Review

This Article introduces the concept of intimate work—intimate services provided by paid workers to a range of consumers—and seeks to unify its treatment in law. The concept explains multiple exceptions to work law that have previously been viewed as random and even contradictory. From the daycare worker to the divorce lawyer, the nurse to the hairstylist, intimate work introduces an intimate party—the consumer—into the arm’s-length employer-employee dyad on which work law is premised. This disruption leads to limited enforcement of non-compete agreements, the waiver or imposition of fiduciary duties, and exceptions to wage-and-hour and antidiscrimination ...


Too Early Or Too Late: U.S. Supreme Court Should Rule Constructive Discharge Claims Accrue Upon Resignation, Maggie Strauss Oct 2015

Too Early Or Too Late: U.S. Supreme Court Should Rule Constructive Discharge Claims Accrue Upon Resignation, Maggie Strauss

Boston College Law Review

The U.S. Courts of Appeals are divided regarding when an employee’s Title VII constructive discharge claim begins to accrue. The First, Second, Fourth, Eighth, and Ninth Circuits have held that the claim begins to accrue when the employee resigns. The Seventh, Tenth, and District of Columbia Circuits have held that constructive discharge claims begin to accrue at the time of the employer’s last discriminatory act. In April 2015, the U.S. Supreme Court granted certiorari in Green v. Donahoe, a 2014 Tenth Circuit decision that deepened the circuit split. This Note argues that the U.S. Supreme ...


Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges Oct 2015

Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges

Washington Law Review

Advances in cancer treatment are saving lives, but along with the benefits come challenges. Millions of cancer survivors of working age need to support themselves and their families. This Article looks at the impact of cancer on employment starting with the empirical evidence gathered by researchers affiliated with medical centers. This empirical research provides a base, not previously explored in the legal literature, for assessing the existing laws dealing with cancer and employment (or unemployment). Viewing the law through this lens, which reveals the complex relationship between cancer and employment, exposes both the promise and the weakness of existing laws ...


Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber Oct 2015

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber

Boston College Law Review

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no ...


A Practitioner's Guide To United States Employment Taxation Of Nonresident Aliens Working In The United States, John L. Gornall Jr., John B. Copenhaver Sep 2015

A Practitioner's Guide To United States Employment Taxation Of Nonresident Aliens Working In The United States, John L. Gornall Jr., John B. Copenhaver

Georgia Journal of International & Comparative Law

No abstract provided.


An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens Sep 2015

An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins Sep 2015

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird Sep 2015

Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird

West Virginia Law Review

No abstract provided.


Obergefell’S Prescription: Why The Fourteenth Amendment Trumps State Employees’ Free Exercise Claims, Douglas B. Mckechnie Aug 2015

Obergefell’S Prescription: Why The Fourteenth Amendment Trumps State Employees’ Free Exercise Claims, Douglas B. Mckechnie

ConLawNOW

Soon after the United States Supreme Court’s decision in Obergefell v. Hodges, some elected officials and civil servants objected to the requirement that same-sex couples be offered marriage licenses. In particular, they argued that a government employee whose job duties include issuing marriage licenses cannot be forced to do so if it would violate his or her religion’s dictates. This piece argues that position is unavailing as it ignores the jurisprudence construing the free exercise clause of the First Amendment as well as the mandate created by the Court’s interpretation of the Fourteenth Amendment in Obergefell.


An Examination Of Two Aspects Of The Nlrb Representation Election: Employee Attitudes And Board Inferences, William H. Fitzgerald, D. Richard Froelke Aug 2015

An Examination Of Two Aspects Of The Nlrb Representation Election: Employee Attitudes And Board Inferences, William H. Fitzgerald, D. Richard Froelke

Akron Law Review

In any event, the National Labor Relations Board (NLRB) has, during the last 35 years, made the ballot, with its implications of order and stability, available to over 25 million American workers. Some may suppose that the bulk of union organization has already taken place and that today the election function of the NLRB is relatively unimportant. This is not the case.

The purpose of this paper is to examine, through the use of random sampling techniques, employee reactions to unions and employers, and to examine the effectiveness of NLRB policies followed in the regulation of representation elections.


The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke Aug 2015

The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke

Akron Law Review

In fiscal year 1968 more than a half million employees cast ballots in NLRB-conducted representation elections. Over the years more than twenty-five million employees have cast ballots in NLRB-supervised elections. Consequently, it seems worthwhile to review, in the light of the First Amendment, the NLRB's attempt to regulate the conduct of elections in which employees choose whether to become organized.


A Historical Sketch Of Anglo-American Medical Law (With Emphasis On The Maxim Of Respondeat Superior), Dennis O. Norman Aug 2015

A Historical Sketch Of Anglo-American Medical Law (With Emphasis On The Maxim Of Respondeat Superior), Dennis O. Norman

Akron Law Review

In MEDICAL JURISPRUDENCE, the medical and legal professions are united to encompass a wide range of human activity. The spectrum of medical law is so broad that a thorough consideration of its historical development would require the writing of several volumes. Consequently, this article confines itself to a discussion of the primary origins and major developments of Anglo American medical jurisprudence. Special emphasis has been placed upon the agency concept of respondeat superior, since this doctrine plays a prominent role in medical law and since the doctrine has been used of late to significantly expand the potential liability of the ...


Public Employee Strikes In Ohio: The Ferguson Act Reconsidered, Donald J. Hoffman, Donald J. Newman Aug 2015

Public Employee Strikes In Ohio: The Ferguson Act Reconsidered, Donald J. Hoffman, Donald J. Newman

Akron Law Review

A SOCIETY CHANGES through normal evolutionary processes, the laws by which that society elects to be governed must also be changed.2 The diminution of the rationale for a given law tends to render that law vacuous. Impossibility of effective enforcement of the law will often render a law impotent. Failure by the appropriate legislative body to revise or repeal such laws to more accurately accommodate the current consensus results in a general deterioration of society's respect for law. An example is the Ferguson Act, which unequivocably prohibits any public employee in Ohio from striking. It has become clear ...


Employment Equality In A Color-Blind Society, Earl M. Curry Jr. Aug 2015

Employment Equality In A Color-Blind Society, Earl M. Curry Jr.

Akron Law Review

The purposes of this article are first, to look at the rights of Negroes, under law, to bring economic pressure to bear for employment equality, including the demand for a quota, and secondly to see how that law is satisfying today's social needs. To achieve this latter purpose, perhaps we must ask whether our society can afford to be legally color-blind? We shall look first to the private self-help devices that have been used by minorities, and then to one area of governmental intervention that has dealt directly with minority employment and the use of quotas or goals to ...


Arbitration - Dispute Involving Hazardous Working Conditions Is Within The Scope Of Broad Arbitration Clause Of A Collective Bargaining Agreement In Absence Of Forceful Indication Of Exclusionary Intent; Gateway Coal Co. V. United Mine Workers, Raymond T. Royko Aug 2015

Arbitration - Dispute Involving Hazardous Working Conditions Is Within The Scope Of Broad Arbitration Clause Of A Collective Bargaining Agreement In Absence Of Forceful Indication Of Exclusionary Intent; Gateway Coal Co. V. United Mine Workers, Raymond T. Royko

Akron Law Review

The collapse of a ventilation structure substantially reduced the air flow into a mine operated 'by the Gateway Coal Co., seriously increasing the danger of accumulation of dust, flammable gas and possible explosion. Three assistant foremen, whose duties included checking and recording the airflow in the mine, made false entries in their logbooks that failed to disclose the reduced air flow. The three foremen were suspended, and criminal proceedings were instituted against them. While the charges remained pending, the Company, after receiving permission from the Pennsylvania Department of Environmental Resources, reinstated the foremen. Ruling that the continued presence of the ...