Law Commons^™

Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros

Maine Law Review

In both the fields of labor law and gender studies, we learn the most from experience. The experience of workers coming together to demand equality and respect and the experience of women coming together to share their experiences has led to most of what we study in these fields. Unfortunately, too many times traditional legal doctrine does not fit these experiences. In those cases, we must struggle to change the law to be responsive to the lived experiences of women and workers. This Article explores the lived experiences of one particular group of workers—immigrant farmworking women in California. From their …

New Institute In Practice-Legal Status Of Recruiting Agencies, G.K. Sarimsakova

Review of law sciences

This article argues the basics of employment agencies’ activities, their role of providing employment of population and mutual collaboration with state organs. Also, in this article, auther conducted analysis between Uzbekistan and foreign experience (Great Britain, Australia, Singapore, Malaysia, Canada, Russia and Kazakhstan) in this sphere..

Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami

University of Miami International and Comparative Law Review

No abstract provided.

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review

No abstract provided.

Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey

University of Massachusetts Law Review

This article is the first to point out that a few relatively low-profile lawsuits involving Uber’s liability under the ADA could have an outcome-determinative effect on O’Connor v. Uber Technologies, Inc., the blockbuster employment misclassification case brought against the startup by its own drivers. Because both types of lawsuits hinge on the role that drivers play within Uber’s business model, a ruling in favor of ADA liability which compelled Uber to exert additional control over its drivers would also, in turn, jeopardize the drivers’ legal status as independent contractors. Such an outcome would be catastrophic to Uber’s core business model, …

Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner

Cleveland State Law Review

No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …

Pushback: Title Vii Takes On Hobby Lobby, Carole Okolowicz

DePaul Journal of Women, Gender and the Law

In Hobby Lobby, the U.S. Supreme Court decided that a for-profit corporation could avoid the requirement under the Affordable Care Act that it pay for coverage of female contraception in the employee health plan due to the employer’s religious objections to birth control. In so deciding, the Court allowed the employer to discriminate against its female employees in their employee benefits. Such a decision raises the possibility of a claim of sex discrimination by the corporation’s female employees under Title VII. This article explores the main issues and pitfalls in such a claim.

The two main issues with the possible …

The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern

Labor & Employment Law Forum

No abstract provided.

Administrative Leave As An Adverse Action For Title Vii Retaliation: New Principles For Liability Call For New Updates To Policy, Zachary R. Cormier

Northern Illinois University Law Review

The time has come for employers and their attorneys to recognize that placing an employee on paid administrative leave, pending an investigation (or otherwise), has become a riskier proposition under Title VII of the Civil Rights Act of 1964. Numerous courts have held that a paid administrative leave, in most cases, will not constitute an “adverse employment action” as required by Title VII's discrimination provision. But herein lies the danger for employers making the decision on a paid administrative leave-- such relative security no longer applies to retaliation claims under Title VII. The warnings from federal circuit courts over the …

The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald

Dalhousie Law Journal

The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …

Egg Freezing On Company Dollars: Making Biological Clock Irrelevant?, Madhumita Datta

DePaul Journal of Women, Gender and the Law

In an attempt to boost gender diversity, two of the technology giants of Silicon Valley, Apple and Facebook, announced in October 2014 that they would cover the costs of freezing eggs, so that women employees who want to pursue both motherhood and a serious career could conveniently ‘time’ their pregnancy. Intel followed suit in October 2015. Unlike other reproductive benefits aiming to cure a biological deficiency such as infertility, employers promote egg freezing as an investment towards women employees’ career success. Women employees may take advantage of this benefit for non-medical reasons to delay pregnancy and childbirth because of the …

Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?, Curtis D. Edmonds

Journal of Law and Policy

The purpose of the Americans with Disabilities Act Amendments Act (“ADAAA”) was to restructure and clarify the definition of the legal term “disability” in the Americans with Disabilities Act of 1990 (“ADA”). One of the three prongs of the ADA’s definition of disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The ADAAA was the result of a compromise reached after thirteen weeks of negotiations between representatives of the business and disabilities communities over its provisions. Like many other compromises, the ADAAA did not leave either side fully satisfied. Almost …

The District Court Re-Entry Project (Dcrep): Connecting Baltimore City Residents With Job Opportunities And Educational Training Programs Through The Judiciary, Hon. Nicole Pastore Klein

University of Baltimore Law Review

No abstract provided.

Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins

Georgia Law Review

In the era of mass criminalization, where over 70
million Americans and almost four million Georgians
have a criminal record, the collateral consequences that
accompany criminal records have become barriers to
employment for many ex-offenders trying to reenter the
workforce. Blanket exclusionary hiring policies that
apply to all individuals with a record regardless of the
nature of the offense or time since its commission have
left a portion of the population with little to no
opportunity to act as productive, contributing members
of society.
Georgia's current statutory scheme built to alleviate
the effects of the collateral consequences of a criminal …

Spokeo Misspeaks, Lauren E. Willis

Loyola of Los Angeles Law Review

Most commentators have critiqued the Supreme Court’s opinion in Spokeo, Inc. v. Robins for failing to answer the question presented. But in important ways, the Spokeo opinion does not merely fail to speak—it affirmatively misspeaks. This essay suggests that underlying the Justices’ inability to see how standing law ought to apply to the facts in Spokeo is a failure to appreciate the power that consumer reports have over individuals’ life prospects today. Worse, the Justices’ unawareness of their own ignorance leads them to afford Congress little deference in identifying injuries occurring in our new information society. Their meta-ignorance also induces …

Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell

Loyola of Los Angeles Law Review

The Uber ridesharing service is synonymous with the rise of mobile application-based services. This business model has spurred a number of novel legal questions, particularly surrounding the proper identification of Uber drivers. Are they employees, guaranteed the ample protections and workers' rights under California law? Or independent contractors, less subject to employer control, but without the same protections the State provides to employees? With the proliferation of these types of services, answering this question is of critical importance, both to current Uber drivers as well as the countless others who will enter this rapidly-developing field in the coming years. This …

Unreasonable Accommodation: Examining Eeoc V. St. Joseph’S Hospital, Inc. And Noncompetitive Reassignment, Amy Rankin

Loyola of Los Angeles Law Review

No abstract provided.

Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?, Curtis D. Edmonds

Journal of Law and Policy

The purpose of the Americans with Disabilities Act Amendments Act (“ADAAA”) was to restructure and clarify the definition of the legal term “disability” in the Americans with Disabilities Act of 1990 (“ADA”). One of the three prongs of the ADA’s definition of disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The ADAAA was the result of a compromise reached after thirteen weeks of negotiations between representatives of the business and disabilities communities over its provisions. Like many other compromises, the ADAAA did not leave either side fully satisfied. Almost …