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2006

Labor and Employment Law

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Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen Dec 2006

Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review in a workers’ compensation matter.


Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore Dec 2006

Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?


Unemployment, Welfare, And Social Security Disability/Ssi Benefits: How They Affect One Another, Kevin Liebkemann, Raymond A. Cebula Iii Dec 2006

Unemployment, Welfare, And Social Security Disability/Ssi Benefits: How They Affect One Another, Kevin Liebkemann, Raymond A. Cebula Iii

K. Lisa Yang and Hock E. Tan Institute on Employment and Disability Collection

This article will help you understand the requirements of Unemployment (UI),Welfare(TANF/GA), and Social Security Disability (SSI/SSDI). Finding the program that is right for you will save time and help you get the most help possible. This article includes: An overview of all three programs, with information about eligibility and benefit amounts; a short discussion of how disability and work affect each program; and an explanation of how each program affects the other, with advice on how to handle common issues you might face.


You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn Nov 2006

You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn

Articles and Chapters

Under federal law, employers are generally allowed to set policies regulating employees’ appearance, provided that those policies do not impinge on groups specifically protected under federal statute. State and local laws, however, may preclude employers from implementing such dress and appearance policies. Employers whose workers are unionized must consider the provisions of the bargaining agreement. One trend in connection with regulations relating to employees’ appearance and dress is that creative lawyers have stretched the law to cover certain workers.


Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman Nov 2006

Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman

Articles and Chapters

Many employers were shocked and alarmed when the U.S. Supreme Court in June 2006 unanimously established a relatively broad standard regarding employees’ complaints of retaliation by employers when employees have made discrimination complaints. An examination of case law as well as comments made by those attending the 2006 Labor and Employment Law Roundtable at the Cornell University School of Hotel Administration allow us to conclude that although employees who make complaints need to be treated carefully, employers need not panic. Instead, they must thoroughly document any personnel actions and base them on actual performance, making sure that any termination ...


Subject: Workplace Law, Susan Lacette Oct 2006

Subject: Workplace Law, Susan Lacette

ILR School Theses and Dissertations: A Listing

No abstract provided.


Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges Oct 2006

Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges

Law Faculty Publications

Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.


Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein Oct 2006

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

UF Law Faculty Publications

When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.


Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center Sep 2006

Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Many employees today have ongoing, predictable demands on their time outside of work. These demands may include dependent children, an ill family member, a long commute, a desire for increased education, or a commitment to community or religious activities. To meet these demands, and to get a paying job done, such individuals often need to work at a different time or in a different place than the traditional “9 am to 5 pm, five days/week, face time at the workplace” rubric.

In response to employee and employer needs and preferences, some employers provide what we call “Flexible placethat work ...


The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic Sep 2006

The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

In 2002, the United Kingdom passed new legislation granting employees with young or disabled children the right to request flexible work arrangements from their employers. The law does not guarantee a right to flexible working but seeks to increase flexibility in UK workplaces by requiring a process for negotiation between employees and employers. Stated simply, that process places the initial responsibility on the employee to propose a new work arrangement and explain its potential impact on the employer. The employee and employer must then consider the request together, and the employer may refuse the request only for certain business reasons.


Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler Sep 2006

Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler

Memos and Fact Sheets

Employees have shown a great desire for flexible work arrangements (FWAs). National data reveals that nearly 80% of workers say they would like to have more flexible work options and would use them if there were no negative consequences at work. However, most workers do not have access to flexible work arrangements and barriers to their effective implementation persist in many organizations as the following nationally representative employer-based survey data reveals.


Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center Sep 2006

Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Many people think of workplace flexibility as flexibility that is provided on a long term, regular basis — for example, flexibility provided through alternative work schedules, compressed workweeks, or part time positions. Under Workplace Flexibility 2010’s conceptualization, however, workplace flexibility also includes the ability to address day-to-day life needs on a short term basis.

Short term needs for flexibility are numerous: to recover from an illness; take care of a sick child; attend a school conference, funeral or medical appointment; wait for a repair person; or appear in court. Some needs may be anticipated; others will arise unexpectedly.


Data Note: Wia Employment Outcomes, Frank A. Smith Aug 2006

Data Note: Wia Employment Outcomes, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) requires One-Stop system partners who provide employment services funded by the U.S. Department of Labor to report data on performance measures. These data include the rate of customers entering employment, their employment retention rate, and their rate of earning a work credential. WIA tracks a number of funding streams for different audiences. This Data Note focuses on adults in the general population and dislocated workers.


The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas C. Kohler, Julius G. Getman Aug 2006

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas C. Kohler, Julius G. Getman

Boston College Law School Faculty Papers

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court’s holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court’s announcement, scholars remain baffled by the contradictions presented by the “Mackay doctrine”—a rule that forbids employers from discharging legally protected strikers while, at ...


Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman Jul 2006

Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman

Faculty Publications

In this article we focus on a related issue. We discuss the development of blogs, and the virtual “space” where blogs and bloggers interact the “blogosphere” and their impact on the issue of workers' privacy. To some extent it would seem a bit of a contradiction to talk about privacy and blogging in the same article. Blogging, as we will discuss below, does not appear to be the most private of enterprises. There are, we argue, a number of interesting privacy issues raised by the development of blogs as an employee communication tool and by the way employers have reacted ...


Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges Jul 2006

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater ...


Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn Jul 2006

Research To Practice: Trends And Emerging Issues Regarding Ssa/Vr Reimbursements For Ssi/Ssdi Recipients, John Halliday, Dana Scott Gilmore, Katherine Fichthorn

Research to Practice Series, Institute for Community Inclusion

This brief discusses the declining amount of reimbursement paid to public VR agencies from federal fiscal year (FFY) 2002 to FFY 2005 by considering the impact that fewer claims submitted and a rising SGA level may have on the amount of reimbursement paid.


Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth Jul 2006

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

Where do people with mental retardation and developmental disabilities work? What are their hours, wages, and benefits? This brief covers partial results from a survey that gives a snapshot of the outcomes for recently employed people with developmental disabilities.


Striker Replacements: A Human Rights Perspective, Lance A. Compa Jul 2006

Striker Replacements: A Human Rights Perspective, Lance A. Compa

Articles and Chapters

[Excerpt] United States labor law on workers' right to strike meets international human rights standards—up to a point. The law does not ban strikes in the private sector. Unlike many countries that nominally allow strikes but create onerous procedural obstacles (Mexico is a prime example), the United States, aside from modest notice requirements, lets workers decide to strike. In a handful of states, public-sector workers can strike.

So far, so good. But beyond this point, U.S. labor law and practice deviate from international standards. In the public sector, most strikes are prohibited even with no threat to public ...


Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore Jul 2006

Data Note: Relationship Between Ssi Recipients Who Work And State Unemployment Rate, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

The Supplemental Security Income program (SSI) administered by the Social Security Administration provides cash assistance to low-income individuals who are seniors, blind, or have a disability.


Parting Shots: Immigration, Vernon M. Briggs Jul 2006

Parting Shots: Immigration, Vernon M. Briggs

Articles and Chapters

[Excerpt] Prevailing immigration policy and the toleration of its mass abuse by illegal immigration generates both "winners" and "losers."


No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert Jul 2006

No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert

Publications and Research

Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such ...


The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel Jun 2006

The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel

All Faculty Scholarship

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small ...


Sharing The Costs, Reaping The Benefits: Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews Jun 2006

Sharing The Costs, Reaping The Benefits: Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews

Labor Resource Center Publications

This report provides an analysis of the costs and benefits associated with Massachusetts Senate President Robert Travaglini's proposed family and medical leave insurance program (April 2006). The authors developed a simulation model to estimate the employer and employee wage costs when employees take paid and unpaid family and medical leaves, and they use this model to compare the current costs with those predicted under the Travaglini proposal.

For information about how the authors estimated the costs of the program and the specifics about their model, please follow the link below to "IWPR/LRC Paid Family and Medical Leave Simulation ...


Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore Jun 2006

Pushing The Integrated Employment Agenda: Case Study Research In Washington State, Jean Winsor, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore

Case Studies Series, Institute for Community Inclusion

This is the second in a series of publications highlighting findings from case studies in three states—New Hampshire, Washington, and Colorado—that are recognized as high performers in integrated employment. These products are intended to be a practical resource for states as they work to help people with disabilities obtain and maintain gainful employment.

ICI identified “high-performing” states based on the following criteria: the percentage of citizens served by the state’s mental retardation/developmental disabilities agency that participate in integrated employment, and the rate of growth in integrated employment.

In 2003, a team of ICI researchers conducted face-to-ace ...


Summary Of Seput V. Lacayo, 122 Nev. Adv. Op. No. 45, Christian Hale May 2006

Summary Of Seput V. Lacayo, 122 Nev. Adv. Op. No. 45, Christian Hale

Nevada Supreme Court Summaries

Appeal from a district court order granting a motion to dismiss an injured pest control worker's tort action against a homeowner for premises liability.


The Costs Of Wrongful-Discharge Laws, Stewart J. Schwab, David H. Autor, James J. Donohue Iii May 2006

The Costs Of Wrongful-Discharge Laws, Stewart J. Schwab, David H. Autor, James J. Donohue Iii

Cornell Law Faculty Publications

We estimate the effects on employment and wages of wrongful discharge protections adopted by U.S. state courts during the last three decades. We find robust evidence that one wrongful-discharge doctrine, the implied-contract exception, reduced state employment rates by 0.8% to 1.7%. The initial impact is largest for female and less-educated workers (those who change jobs frequently), while the longer-term effect is greater for older and more-educated workers (those most likely to litigate). By contrast, we find no robust employment or wage effects of two other widely recognized wrongful-discharge laws: the public-policy and good-faith exceptions.


Language, Deals And Standards: The Future Of Xml Contracts, Lawrence A. Cunningham May 2006

Language, Deals And Standards: The Future Of Xml Contracts, Lawrence A. Cunningham

Boston College Law School Faculty Papers

eXtensible Markup Language (XML) structures information in documentary systems ranging from financial reports to medical records and business contracts. XML standards for specific applications are developed spontaneously by self-appointed technologists or entrepreneurs. XML’s social and economic stakes are considerable, especially when developed for the private law of contracts. XML can reduce transaction costs but also limit the range of contractual expression and redefine the nature of law practice. So reliance on spontaneous development may be sub-optimal and identification of a more formal public standard setting model necessary. To exploit XML’s advantages while minimizing risks, this Article envisions creating ...


Reform Suggestions On Sample Labor Contracts In China, Lin Li Apr 2006

Reform Suggestions On Sample Labor Contracts In China, Lin Li

Cornell Law School J.D. Student Research Papers

The labor relationship is the predominant and fundamental relationship in human society. The regulation of this relationship is the most important to human being’s development.

The regulation of the labor relationship is closely linked to personal basic rights and individual destiny.

To regulate the labor relationship, that is, to establish labor rights and duties, depends on labor laws and labor contracts. But in the long history of China, there has been no labor law and labor contract. Since the open door policy was implemented, labor law and the system of labor contract began slowly. However the situation is still ...


First National Maintenance Corp. V. National Labor Relations Board: Eliminating Bargaining For Low-Wage Service Workers, Alan Hyde Apr 2006

First National Maintenance Corp. V. National Labor Relations Board: Eliminating Bargaining For Low-Wage Service Workers, Alan Hyde

Cornell Law Faculty Publications

The Supreme Court decision finds an employer privileged not to bargain with the union over a decision to eliminate a portion of operations (by not renewing a contract with a particular customer), undertaken entirely for economic reasons turning not at all on labor costs, and without animus to the union. No such case has ever been presented to the National Labor Relations Board, and interviews with the principals reveals that these were not the facts of First National Maintenance either. The case was a carefully-constructed hypothetical that omitted key facts, such as the employer's history of illegal conduct to ...