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Labor and Employment Law

2014

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Articles 1 - 30 of 111

Full-Text Articles in Law

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy Dec 2014

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.


Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board Dec 2014

Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2014

Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.


Fast-Food Workers Fight For A Raise And Create A Movement, Angela B. Cornell Nov 2014

Fast-Food Workers Fight For A Raise And Create A Movement, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.


Summary Of Terry V. Sapphire Gentlemen’S Club, 130 Nev. Adv. Op. 87, Walter Fick Oct 2014

Summary Of Terry V. Sapphire Gentlemen’S Club, 130 Nev. Adv. Op. 87, Walter Fick

Nevada Supreme Court Summaries

The Court adopted the “economic realities” test of the Fair Labor Standards Act, and held as a matter of law that performers at the Sapphire Gentlemen’s Club were “employees within the meaning of NRS 608.010, and thus entitled to the minimum wages guaranteed by NRS Chapter 608.”


Fashioning A General Common Law For Employment In An Age Of Statutes, Michael Harper Oct 2014

Fashioning A General Common Law For Employment In An Age Of Statutes, Michael Harper

Faculty Scholarship

In the current post-Erie age of statutes the Supreme Court continues to have potential influence over the development of a “general” common law used to decide recurring issues governed by state law. This influence, which has drawn little commentary, derives from the Court’s authority to consider analogous issues when filling gaps in federal statutes, sometimes through express reliance on general common law. The influence is through the power to persuade, like that of the federal judiciary in its general common lawmaking age of Swift, rather than through the power to command, like that of the federal judiciary in the ...


Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa Oct 2014

Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Conference Proceedings, Presentations, and Speeches

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.


Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd Oct 2014

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Labor Studies Faculty Publication Series

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing ...


Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein Oct 2014

Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein

UF Law Faculty Publications

This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, compels a ...


Werc Newsletter, Fall 2014, Hina B. Shah Oct 2014

Werc Newsletter, Fall 2014, Hina B. Shah

Women’s Employment Rights Clinic

No abstract provided.


Designing Law School Externships That Comply With The Flsa, Niki Kuckes Oct 2014

Designing Law School Externships That Comply With The Flsa, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney Oct 2014

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney

UIC John Marshall Law School Open Access Faculty Scholarship

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick Sep 2014

Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick

Journal Articles

This article addresses the concept of corporate social responsibility (hereinafter CSR) as it relates to labor rights. It considers the following issues: is the CSR model, as evidenced by the adoption of corporate codes of conduct, effective in protecting labor rights?; and is this model the best way to protect labor rights? These issues are examined from two perspectives: practical and philosophical. Lastly, some alternative enforcement mechanisms are considered and their respective advantages and disadvantages for purposes of ensuring labor rights are discussed.


Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman Sep 2014

Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman

Cornell Law Faculty Working Papers

The American Law Institute (ALI) has just completed the Restatement of the Law Third, Employment Law. Chapter 2 is entitled "Employment Contracts: Termination." As the name suggests, the Chapter focuses on the law's difficult challenge of applying contract law to distinguish lawful terminations of employees from wrongful ones. The question is especially problematic because, on the one hand, employment law's long-existing default rule allows employers to terminate employees "at will" and without cause. Advocates of the at-will doctrine present several policies to support it, including freedom of contract and efficiency. On the other hand, employers seek to attract ...


Brief For Respondents. Integrity Staffing Solutions, Inc. V. Busk, 135 S.Ct. 513 (2014) (No. 13-433), 2014 Wl 3866627, Mark R. Thierman, Joshua D. Buck, Eric Schnapper Aug 2014

Brief For Respondents. Integrity Staffing Solutions, Inc. V. Busk, 135 S.Ct. 513 (2014) (No. 13-433), 2014 Wl 3866627, Mark R. Thierman, Joshua D. Buck, Eric Schnapper

Court Briefs

QUESTIONS PRESENTED

(1) Does the time an hourly employee spends participating in an employer-mandated anti-theft search constitute "work" within the meaning of the Fair Labor Standards Act?

(2) If such a search occurs at the end of the workday, is the employee’s time nonetheless non-compensable as a postliminary activity under the Portal-to-Portal Act?


Property In Labour And The Limits Of Contract, Claire Mummé Jul 2014

Property In Labour And The Limits Of Contract, Claire Mummé

Law Publications

As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition ...


Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas Jul 2014

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...


Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant Jun 2014

Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant

Faculty Scholarship

This article explores a crucial, though often neglected, episode in the history of modern private law: the nineteenth and early twentieth century debate over the concept of “abuse of rights”. In broad terms, the formula evokes the idea of an abusive, because malicious or unreasonable, exercise of an otherwise lawful right. The doctrine was applied in a variety of subfields of private law: property, contract, and labour law. It was conceived as a response to the urgent legal questions posed by the rise of modern industrial society: the limits of workers’ right to strike, the limits of industrial enterprises’ property ...


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing Jun 2014

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Law Faculty Scholarly Articles

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law Jun 2014

Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law

Press Releases

Today, the Legal Aid Society-Employment Law Center (LAS-ELC) and the Women’s Employment Rights Clinic of Golden Gate University School of Law along with the law firm of Lewis, Feinberg, Lee, Renaker & Jackson, P.C., filed a class action lawsuit on behalf of in-home and facility caregivers in the California Superior Court, Alameda County against Kindred Healthcare, Inc. and affiliated companies Professional Healthcare at Home, LLC and NP Plus, LLC, alleging failure to pay minimum wage and overtime and various meal and rest period violations, among other claims.


Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum Jun 2014

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

Faculty Scholarship at Penn Law

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers ...


University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski May 2014

University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski

Maryland Law Review Online

No abstract provided.


The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, Anna Pickrell May 2014

The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, Anna Pickrell

Sociology Honors Projects

State-level legislation to advance employment rights for domestic workers is on the rise in the United States, but implementation is largely ineffective due to a lack of representation on behalf of employees. This study analyzes the roles of two specific types of organizations — public policy networks pushing legislation for domestic workers and employment agencies placing workers into jobs — to better understand how enforcement of existing laws in this field can be improved through the services that protective organizations provide. Can domestic workers rely on these groups to secure their rights when individual employers may not, or do they lack the ...


Productive Unionism, Matthew Dimick May 2014

Productive Unionism, Matthew Dimick

Journal Articles

Do labor unions have a future? This Article considers the role and importance of labor union structures, in particular the degree of centralization in collective bargaining, to the future of labor unions. Centralization refers primarily to the level at which collective bargaining takes place: whether at the plant, firm, industry, or national level. The Article examines the historical origins of different structures of bargaining in the United States and Europe, the important implications that centralization has for economic productivity, and the ways that various labor law rules reinforce or reflect different bargaining structures. Most critically, the Article contends that greater ...


Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah Apr 2014

Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah

Publications

Recent victories in domestic workers rights are a result of grassroots, worker-led campaigns to change the cultural value of domestic work and fundamentally question why the law treats these workers differently from other workers. Building visibility through worker leadership and broad-based coalitions, the domestic work campaigns have succeeded in gaining more equal treatment under the law. This is the story of the California campaign and the Golden Gate University Women’s Employment Rights Clinic’s role in the campaign.


Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough Apr 2014

Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough

Research Studies and Reports

[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee ...


Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg Apr 2014

Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg

Congressional Testimony

No abstract provided.


Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi Apr 2014

Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi

Upper Level Writing Requirement Research Papers

No abstract provided.


Amended Brief Of Professor Nancy Gertner And Professor Kent Greenfield As Amici Curiae In Support Of Plaintiff, Louisiana Municipal Police Employees' Retirement System V. The Hershey Company, C.A. No. 7996-Ml, Nancy Gertner, Kent Greenfield Mar 2014

Amended Brief Of Professor Nancy Gertner And Professor Kent Greenfield As Amici Curiae In Support Of Plaintiff, Louisiana Municipal Police Employees' Retirement System V. The Hershey Company, C.A. No. 7996-Ml, Nancy Gertner, Kent Greenfield

Boston College Law School Faculty Papers

Amicus brief filed by Nancy Gertner and Kent Greenfield in the case of Louisiana Municipal Police Employees' Retirement System v. The Hershey Company, C.A. No. 7996-ML.


Petition For A Writ Of Certiorari. Debord V. Mercy Health System Of Kansas, Inc., 134 S. Ct. 2664 (2014) (No. 13-1118), 2014 U.S. S. Ct. Briefs Lexis 1120, Eric Schnapper, Mark A. Buchanan Mar 2014

Petition For A Writ Of Certiorari. Debord V. Mercy Health System Of Kansas, Inc., 134 S. Ct. 2664 (2014) (No. 13-1118), 2014 U.S. S. Ct. Briefs Lexis 1120, Eric Schnapper, Mark A. Buchanan

Court Briefs

QUESTION PRESENTED

Section 704(a) of Title VII of the Civil Rights Act of 1964 forbids an employer to retaliate against any employee because that worker "opposed" unlawful discrimination.

The question presented is:

Does section 704(a) prohibit retaliation against a worker because of the worker's statements:

(1) only when the statements are made to the worker's own employer or to federal or state anti-discrimination agencies (the rule in the Tenth and Fourth Circuits), or (2) also when the worker's statements are made to any other person (the rule in the First, Second, Third, Fifth, Sixth and ...