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Articles 1 - 30 of 88
Full-Text Articles in Law
Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney
Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney
Memos and Fact Sheets
Short Term Time Off (STO) refers to job-protected time away from the workplace (generally 5 days or less) to address anticipated or unexpected issues of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address the routine and emergency situations that occur in everybody’s lives.
The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for benefits or go to court, or because a worker needs to attend a …
Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss
Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss
Faculty Scholarship
No abstract provided.
A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz
A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz
Publications
This legislative update will address the most significant employment legislation signed and vetoed this year. It will also highlight a significant deadline for employers from last year’s enacted legislation. Finally, this update will describe two relevant propositions rejected by the people of the State of California.
Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie
Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie
Innis Christie Collection
Union Grievance 04-01, dated July 21, 2004, on behalf of the Grievor, Robert MacDonald, alleging that the Employer discharged the Grievor in violation of Article 2.1 of the Collective Agreement between the parties effective January 1, 1999 — January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing in this matter the parties agreed that I am properly seized of it, that I should remain seized after the issue of this award to deal with any matters arising from its application and that all time limits, either pre-or post-hearing, are waived. …
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
Articles in Law Reviews & Other Academic Journals
The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …
The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
Scholarly Works
In December 2004, in a pair of cases, the Appellate
Division, First Department, held that under state labor
and tort laws, injured workers who are not legally permitted
to be present or employed in the United States
are only entitled to receive lost earnings reflecting what
they could have earned in their country of origin. This
article explores these First Department decisions by first
discussing the federal statutory and decisional backdrop
against which the cases arose. This article then
provides a discussion of the First Department cases and
the competing economic incentives they implicate.
Finally, this article posits that a …
Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville
Women’s Employment Rights Clinic
Today, AB 633 stands as a landmark law with great potential — much of it yet to be realized — to fight against the proliferation of sweatshops and corporate abuse in the garment industry, and to serve as model legislation for other low-wage industries across California and around the nation in which workers are denied their most basic workplace rights. In documenting the successes of AB 633, as well as presenting the challenges garment workers still face in recovering their wages under the law, this report seeks to provide an answer to the pivotal question: Has AB 633 fulfilled its …
Offshore Outsourcing And Workers Rights, Theodore J. St. Antoine
Offshore Outsourcing And Workers Rights, Theodore J. St. Antoine
Articles
No abstract provided.
Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring
Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring
Research to Practice Series, Institute for Community Inclusion
Poverty programs have undergone substantial reform in the past decade, and there has been a heightened interest in exploring the experiences of people with disabilities who receive welfare benefits. This report profiles people with disabilities who had TANF, GA, or both at application to VR services and completed these services in the year 2003.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Population Pyramids For The United States, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Population Pyramids For The United States, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Men Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Men Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie
Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie
Innis Christie Collection
The Grievor believes the Employer should apply the terms of the Labour Standards Code, instead of the less generous Collective Agreement, regarding holiday pay. The Employer paid holiday pay according to the Agreement and believes the grievance should be dismissed.
The grievance fails. The Code does not apply to the employees under the Agreement.
Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay
Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay
All Faculty Scholarship
Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.
The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …
Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall
Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall
Research to Practice Series, Institute for Community Inclusion
Between the years of 1985 and 1996 Colorado experienced significant growth in integrated employment for people with mental retardation and developmental disabilities. Several factors were consistently highlighted as contributing to Colorado's employment outcomes during this period.
Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter
Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter
All Faculty Scholarship
In this paper, I analyze three types of labor market relationships that are prevalent in the economy - the external labor market that exists outside of firms, and the union and nonunion employment relationships that exist inside firms. The parties' relationships in each of these markets are markedly different from one another with respect to their use of contracts versus norms, their enforcement mechanisms, and their reliance on external competitive market pressures. Why do these very distinct forms exist? This paper provides an answer to this question. To be successful, each of the structures has to resolve problems of match-specific …
Re Provincial Health Services Authority And Peiupse, Innis Christie
Re Provincial Health Services Authority And Peiupse, Innis Christie
Innis Christie Collection
Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre-hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based mainly on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration established to deal with …
Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson
Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson
Innis Christie Collection
Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.
Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley
Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley
Research to Practice Series, Institute for Community Inclusion
Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
A Project Labor Agreement (PLA) is a comprehensive negotiated pre-hire contract for public or private-sector construction projects. A PLA generally includes mutually agreed-to work and wage rules for the duration of the project, including deadlines, wages, costs, production incentives, and hiring. Usually PLAs are between a developer or general contractor, labor unions, subcontractors, workers, and the employer or customer, who may be in the public or private sector.
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Nevada Supreme Court Summaries
Julie Mitchell, a Clark County classroom teacher, inexplicably fell down a flight of stairs while at work. The Court held that stairs, in and of themselves, and other things that are not peculiar to the employment environment, are not sufficiently dangerous to be the cause of a workers’ compensation claim.
Re Provincial Health Services Authority And Peiupse, Innis Christie
Re Provincial Health Services Authority And Peiupse, Innis Christie
Innis Christie Collection
Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested prehearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the issue of whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration established to deal …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth
Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth
Research to Practice Series, Institute for Community Inclusion
While individuals with disabilities face many obstacles when seeking employment, there are usually additional challenges for those from diverse cultures. To address this issue, ICI formed partnerships with community immigrant organizations to teach networking techniques to job seekers.
Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig
Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig
Scholarly Works
The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …