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Articles 1 - 30 of 45
Full-Text Articles in Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.
When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso
Law Faculty Scholarship
Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.
Is A Highly Compensated Employee With Executive Duties Entitled To Or Exempt From Overtime Pay Under The Fair Labor Standards Act Where That Employee Is Paid At A Daily Rate?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Michael Hewitt is a highly compensated employee with executive duties who worked for Helix Energy Solutions Group. Helix paid Hewitt at a daily rate. Employees, even highly compensated employees with executive duties, may be entitled to overtime pay under the Fair Labor Standards Act (FLSA) where they are not paid on a salary basis. This case presents a question of regulatory interpretation of the Department of Labor’s salary-basis test.
Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe
Commentary: The Workplace Vaccine Decision And Its Implications For Federal Regulatory Power, John M. Greabe
Law Faculty Scholarship
[Excerpt] "In a recent commentary, I contrasted the pragmatic consequentialism of retiring Supreme Court Justice Stephen Breyer – and, more generally, the other two members of the court’s liberal bloc (Justices Sonia Sotomayor and Elena Kagan) – with the structural formalism of the court’s six-justice conservative supermajority. I also suggested that this framework may provide a more useful way to understand many of the court’s recent and upcoming blockbuster decisions than the partisan angle that court watchers so frequently use."
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Law Faculty Scholarship
The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical Al. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency …
The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili
The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili
Law Faculty Scholarship
The rapid growth of technology is not only creating innovative goods and services, but it is also fundamentally altering the workplace and the traditional understanding of employee and employer relationships. This can be seen today with the rise of the gig economy and alternative work arrangements. Our paper seeks to explain how technology has reduced the cost of transacting with the market and lowering monitoring costs, and thereby driving the expansion of contracting, as seen in the rise of the gig economy. We then anticipate blockchain technology and smart contracts will further reduce transaction costs and continue to alter the …
Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso
Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca
Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca
Law Faculty Scholarship
Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose—enhancing predictability and certainty—has been attained.
This empirical Study uses content …
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Law Faculty Scholarship
No abstract provided.
Female Entrepreneurs And Equity Crowdfunding In The Us: Receiving Less When Asking For More, Seth C. Oranburg, Mark Geiger
Female Entrepreneurs And Equity Crowdfunding In The Us: Receiving Less When Asking For More, Seth C. Oranburg, Mark Geiger
Law Faculty Scholarship
In this paper, we explore the relationship between gender and funding raised through equity crowdfunding. Using data collected from the population of US equity crowdfunding campaigns, we find that campaigns receive significantly less funding when the primary signatory is female. Furthermore, we explore interactions between gender and a campaign's funding target. The results suggest that campaigns raise significantly less funding, as the target amount increases, when the primary signatory is female. These results are the first to suggest a relationship between gender and funding among the population of US equity crowdfunding campaigns. Implications and future directions are discussed.
Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso
Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
Law Faculty Scholarship
In today’s customer-centric business environment, firms seek feedback from consumers seemingly at every turn. Firms factor customer feedback into a host of decisions, including employment-related decisions such as who to hire, promote, and fire; how much to pay employees; and what tasks to assign them. Increasingly, researchers are discovering that customer feedback is often biased against certain populations, such as women and racial minorities. Sometimes customers explicitly declare their biases, but more often their prejudices are harder to detect — either because they intentionally hide their biases in their ratings or because the customers do not realize their own biases, …
Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso
Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso
Law Faculty Scholarship
Works councils, institutionalized bodies that facilitate representative communication between an employer and its employees, have expanded on a global scale in recent decades due, in large part, to their ability to increase employee representation, firm productivity and profitability, and social responsiveness. The United States has been notably absent from the global works-councils movement primarily because of an outdated, New Deal-era labor-relations system that generally prohibits these types of worker participation structures. The Authors provide a detailed overview of U.S. labor law in relation to works councils before presenting three contrasting options for increasing worker participation in the United States via …
Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso
Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Law Faculty Scholarship
No abstract provided.
Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso
Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso
Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …
Harris V. Quinn: What We Talk About When We Talk About Right-To-Work Laws, Michael J. Yelnosky
Harris V. Quinn: What We Talk About When We Talk About Right-To-Work Laws, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Designing Law School Externships That Comply With The Flsa, Niki Kuckes
Designing Law School Externships That Comply With The Flsa, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann
Law Faculty Scholarship
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.
This Article argues that White would likely fail in a lawsuit against an NBA …
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso
Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.