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Labor and Employment Law

2018

Institution
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Articles 1 - 30 of 82

Full-Text Articles in Law

Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett Dec 2018

Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett

Journal Articles

No abstract provided.


A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review Nov 2018

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.


Tax Issues In The Sharing Economy: Implications For Workers, Diane Ring, Shu-Yi Oei Nov 2018

Tax Issues In The Sharing Economy: Implications For Workers, Diane Ring, Shu-Yi Oei

Boston College Law School Faculty Papers

In this chapter, we survey some of the key tax issues that have confronted individuals operating in the sharing economy. While our discussion focuses on the United States, these classification, documentation, and compliance challenges frequently arise in other countries. Many of the tax implications of this work stem from the threshold decision by many platforms to classify such individuals as independent contractors rather than employees. Therefore, we first discuss how the threshold classification decision affects the substantive and compliance- related tax issues faced by individuals operating in the sharing economy. We briefly summarize the doctrinal tax rules governing income taxation ...


Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring Nov 2018

Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

A growing number of individuals now perform work in the sector known as the “sharing economy,” and their participation raises important tax and regulatory questions. In this chapter, we survey some of the key tax issues confronting individuals operating in the sharing economy in the United States. Many of the tax implications that arise in sharing economy work stem from the threshold decision by many platforms to classify such individuals as independent contractors rather than employees. Therefore, we first discuss how the threshold classification decision affects the substantive and compliance-related tax issues faced by individuals operating in the sharing economy ...


Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000, Stepan Wood Nov 2018

Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000, Stepan Wood

Faculty Publications

This chapter explores the role of organized labour in drafting the ISO 26000 guidance standard on social responsibility (SR) as a case study of the circumstances in which weaker actors can take advantage of transnational business governance interactions (TBGIs) to achieve regulatory outcomes that advance their interests. Organized labour initially opposed the development of an ISO standard on SR and was vastly outnumbered when it joined this project in a defensive posture. Yet it achieved remarkably wide and strong protection for workers in ISO 26000 compared to other leading SR initiatives. Integrating theories of legitimation and regulatory enrolment, I theorize ...


The Problem Of Wage Theft, Nicole Hallett Oct 2018

The Problem Of Wage Theft, Nicole Hallett

Journal Articles

Wage theft inflicts serious harm on America's working poor but has received little attention from policymakers seeking to address income inequality in the United States. This Article provides a comprehensive analysis of the causes of the wage theft crisis and the failure of the current enforcement regime to address it. It argues that existing policy reforms will fail, because they misunderstand the nature of the crisis and the incentives that employers face when deciding to steal workers' wages. It then proposes series of reforms that could work, while arguing that changing the economic calculus alone will be unlikely to ...


Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin Oct 2018

Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin

Boston College Law School Faculty Papers

Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...


Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch Sep 2018

Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch

Faculty Publications

In Purple Communications, Inc., 361 N.L.R.B. 1050 (2014), the NLRB set forth a new analysis covering employees’ use of employer-provided email. Under this analysis, which is based on the Supreme Court’s seminal decision in Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the Board presumes that employees who have access to their employer’s email as part of their work duties can use that email for Section 7 purposes during nonwork time. Purple Communications, 361 N.L.R.B. at 1063. The employer can rebut this presumption by showing that special business circumstances justify ...


Finishing The Job Best Practices For A Diverse Workforce In The Construction Industry V.8 Sept 2018, Susan Moir Scd Sep 2018

Finishing The Job Best Practices For A Diverse Workforce In The Construction Industry V.8 Sept 2018, Susan Moir Scd

Labor Studies Faculty Publication Series

This manual is a work in progress. It is produced by the Policy Group on Tradeswomen’s Issues (PGTI), a regional collaboration of researchers, government agencies, unions, community-based organizations, developers and contractors committed to increasing access for women and people of color to good paying careers in the construction trades. Our goal is to make our shared efforts and experiences helpful to industry leaders who share our commitment. It is based on best practices developed on major projects that came close, met, or exceeded workforce hiring goals. This manual and additional resources are available online at on the PGTI website ...


How To End “Illegal Immigration”, Kari E. Hong Sep 2018

How To End “Illegal Immigration”, Kari E. Hong

Boston College Law School Faculty Papers

Since President Trump has taken office, it is clearer than ever that there are two ways to end “illegal immigration.” The first route — started by President Obama and ratcheted up by President Trump with relentless cruelty — is an actual effort to deport millions and exclude millions more. The second is to legalize those without status who have been, are, and will continue to contribute to America’s families, communities, and future.

This essay argues that the latter choice, restoring the paths to legalization that once were part of our nation’s laws, is the only realistic way forward to restore ...


Mandatory Agency Dues: Beneficial Or A First Amendment Violation?, Steph Nathaniel Aug 2018

Mandatory Agency Dues: Beneficial Or A First Amendment Violation?, Steph Nathaniel

GGU Law Review Blog

Unions have long been recognized as a major cornerstone to American culture – they have helped ensure fair wages, hours, and benefits for American workers for over a century. However, the question has continuously come up in legal discourse of whether unions modernly maintain their importance and effectiveness as exclusive bargaining representatives. This question raises an array of issues – one of those being whether public employees should be required to pay union dues when they are not members and do not support the union.

A case recently before the Supreme Court could end laws in 22 states that requires public employees ...


How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones Aug 2018

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


Healthcare Promises For Public Employees, Natalya Shnitser Jul 2018

Healthcare Promises For Public Employees, Natalya Shnitser

Boston College Law School Faculty Papers

State and local governments have promised nearly $1 trillion in retiree healthcare benefits to public employees. Although retiree healthcare benefits represent a form of compensation, historically, state and local governments have not set aside any money to pay for the promised benefits. Compensating employees with promises of future benefits has enabled state legislatures to use public dollars for other priorities, while ignoring the growing liabilities associated with the healthcare promises. As these liabilities have come due, they have strained state and local budgets. Some public employers have simply cut the benefits, and public employees have had limited recourse to hold ...


The Persistent Labor Market Effects Of A Criminal Conviction And “Ban The Box” Reforms, Joshua M. Congdon-Hohman Jul 2018

The Persistent Labor Market Effects Of A Criminal Conviction And “Ban The Box” Reforms, Joshua M. Congdon-Hohman

Economics Department Working Papers

Past literature has established that individuals who have been incarcerated face difficulties reentering the work force following their release, while finding and keeping a job can significantly reduce recidivism amongst individuals with prior criminal convictions. In attempt to improve employment outcomes, many local and state governments in the United States have initiated "Ban the Box" regulations. These initiatives delay inquiries regarding criminal history on job applications. Versions of ban the box regulations covering public sector employment have been enacted in 31 states and more than 150 local governments. Ban the box laws have included private employers in eleven states and ...


Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky Jun 2018

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.


Why Doesn't The U.S. Mandate Paid Leave?, Donald Roth Jun 2018

Why Doesn't The U.S. Mandate Paid Leave?, Donald Roth

Faculty Work Comprehensive List

"The U.S. has vastly different guarantees when it comes to legislative mandates; however, the focus on laws skews the picture in important ways."

Posting about ­­­­­­­­factors affecting paid time off from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/why-doesnt-the-u-s-mandate-paid-leave/


Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs Jun 2018

Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs

Conference Papers

Recently I contributed to a volume on the philosophical foundations of labour law. Most contributors located our subject within the discourse of liberal democracy, using terms such as “distributive justice”, “non-exploitation”, “dignity”, “citizenship”, and “social inclusion”. If you have a good memory, you’ll recall that such terminology once commanded respect amongst intellectuals and policy makers, that they were endorsed across the political spectrum, that they enjoyed widespread, if not deep, public support, that they even inspired practical public policies. If you have a good memory you’ll remember all that.


The Massachusetts Paid Leave Program: What Workers Can Expect To Pay And Receive, Randy Albelda, Alan Clayton-Matthews Jun 2018

The Massachusetts Paid Leave Program: What Workers Can Expect To Pay And Receive, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

On June 28, 2018, Massachusetts became only the sixth state in the country to provide partial wage replacement to workers that need to leave work for a serious health condition, the birth of a child, to bond with a new child, or to care for a seriously ill family member. The new law is slated to be implemented in 2019 with payments while on leave to begin in 2021. This brief outlines the key elements of the new Massachusetts paid leave program and discusses the amounts workers at various wage levels will contribute and the level of benefits they will ...


Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister May 2018

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister

Nevada Supreme Court Summaries

Health benefits," as considered by the Minimum Wage Act of the Nevada Constitution, must mean the equivalent of one extra dollar per hour in wages to the employee, but offered in the form of health insurance as opposed to dollar wages.


All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah May 2018

All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah

Publications

What is the proper legal standard in determining whether a worker is an employee or an independent contractor under California’s wage and hour laws?


Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani May 2018

Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.


Vindicating Statutory Employment Rights In The Age Of Mandatory Arbitration: State Attorney General Parens Patriae Litigation As An Alternative To Class Actions, Aaron Bibb Apr 2018

Vindicating Statutory Employment Rights In The Age Of Mandatory Arbitration: State Attorney General Parens Patriae Litigation As An Alternative To Class Actions, Aaron Bibb

Louis Jackson National Student Writing Competition

No abstract provided.


The Impact Of Rfra On Employment Discrimination: Will The Hobby Lobby Decision Erode The Purpose Of Title Vii?, Naomi Bensdorf Frisch Apr 2018

The Impact Of Rfra On Employment Discrimination: Will The Hobby Lobby Decision Erode The Purpose Of Title Vii?, Naomi Bensdorf Frisch

Louis Jackson National Student Writing Competition

No abstract provided.


Treating Employees Like Widgets: The Legal Impact Of Workforce Management Systems On Contingent Workers, Stefanie Brody Apr 2018

Treating Employees Like Widgets: The Legal Impact Of Workforce Management Systems On Contingent Workers, Stefanie Brody

Louis Jackson National Student Writing Competition

No abstract provided.


Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law Apr 2018

Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law

Press Releases

The Women’s Employment Rights Clinic at Golden Gate University School of Law filed an amicus brief on behalf of low-wage worker advocates, urging the Court to follow its own precedent and the clear statutory requirements in California that workers must be paid for all hours worked.


Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias Apr 2018

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

Other Publications

Everyone in this audience is well aware of the problems plaguing reiterating. The wealthiest one percent of Americans takes home nearly a quarter of our national income and owns forty percent of the nation's wealth.


We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, David S. Sherwyn, Paul Wagner Apr 2018

We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, David S. Sherwyn, Paul Wagner

Articles and Chapters

While the years 2017 and 2018 will be remembered for numerous geo political and social movements, any retrospective of this time will include the issue of sexual harassment and the corresponding “Me Too” movement. In this time, sexual harassment has transformed from a workplace legal concept to an issue that is defining the fabric of the country. While no one could persuasively argue that sexual harassment has not expanded from its legal roots to a movement that transcends the law, the fact is that the concept is rooted and adjudicated in law. Sadly, the commentators and the popular press often ...


Breaking Dichotomies At The Core Of Employment Discrimination Law, William Corbett Apr 2018

Breaking Dichotomies At The Core Of Employment Discrimination Law, William Corbett

Journal Articles

No abstract provided.


A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson Apr 2018

A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson

Masters Theses & Specialist Projects

Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF ...


Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa Apr 2018

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa

Faculty Scholarship

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior to ...