Law Commons^™

Wait! Don't Fire That Blogger! What Limits Does Labor Law Impose On Employer Regulation Of Employee Blogs?, Carson Strege-Flora

Washington Journal of Law, Technology & Arts

The Ninth Circuit Court of Appeals recently issued a decision protecting the right of an employee to post critical comments about his employer on a website. The court found that the employer’s discipline was an unfair labor practice prohibited by federal labor law because it was “concerted activity” protected by the National Labor Relations Act (NLRA). Employers wishing to discipline employees for their public blogging activity should be familiar with the protections provided by the NLRA. This Article explores the consequences for violating the Act and addresses what employers should consider when attempting to limit employee blogging.

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2004 to May 31, 2005. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Proposed Federal Definition Of "Internet Job Applicant" Suggests Need For Revised Human Resource Policies, Carson Strege-Flora

Washington Journal of Law, Technology & Arts

After several years of discussion, the Equal Employment Opportunity Commission, along with several other federal agencies, has proposed a new definition of “Internet job applicant” to help employers understand how to treat such applicants. The explosion over the past decade of Internet recruiting prompted the need for clarification of how employers must treat applicants for purposes of federal antidiscrimination law and recordkeeping requirements. The new guidelines suggest that employers engaged in Internet recruiting should review their hiring policies to ensure that their treatment of Internet job applicants complies with the proposed guidelines. This Article suggests that employers avoid violating federal …

An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn

Osgoode Hall Law Journal

This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …

Family Medical Leave Act Standards Of Proof And The Impact Of Desert Palace On Retaliation Cliams, Carol L. Risk, Richard A. Bales

North Carolina Central Law Review

No abstract provided.

Cutting Undocumented Alien Employment Using The Spine Of A Knife: How The Fourth Circuit Failed To Adequately Use Title Vii To Strengthen Irca In Egbuna V. Time Life Libraries, Inc., Jeffrey B. Widdison

North Carolina Central Law Review

No abstract provided.

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.

Insecure Retirement Income, Wrongful Plan Administration And Other Employee Benefits Woes—Evaluating Erisa At Age Thirty, Maria O'Brien Hylton

Buffalo Law Review

Book review of James A. Wooten's The Employee Retirement Income Security Act of 1974—A Political History

Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong

University of Michigan Journal of Law Reform

Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, courts have remained silent on the issue of sexual harassment by digital communications. Should this type of harassment be treated any differently than harassment that occurs in the physical space? The somewhat surprising answer is yes.

This Article advocates applying a new judicial framework for addressing digital communications sexual harassment. This new framework accounts for the real-world technology in the digital workplace and the …

Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey

Osgoode Hall Law Journal

An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have an important normative influence on corporate behaviour because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identify the scope of disclosure that will cause corporate responses of the sort desired by the state. This article considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving …

Separate To Unite: Will Change To Win Strengthen Organized Labor In America?, Keith J. Gross

Buffalo Public Interest Law Journal

No abstract provided.

Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson

West Virginia Law Review

No abstract provided.

In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier

Washington and Lee Law Review

No abstract provided.

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas C. Kohler

Buffalo Law Review

No abstract provided.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Continuing the trend begun with the 2003 survey period, the 2004 survey period experienced a significant decrease in the number of decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. On the other hand, the United States Supreme Court decided several noteworthy decisions in the employment arena. In Pennsylvania State Police v. Suders, the Court addressed the important issue of whether the Ellerth/Faragher affirmative defense' in hostile work environment sexual harassment cases is available when the plaintiff alleges that she was constructively discharged. In General Dynamics Land Systems, Inc. v. Cline, …

Labor And Employment, Jerry C. Newsome, K. Alex Khoury

Mercer Law Review

This Article surveys notable developments in labor and employment law in the Eleventh Circuit from January 1 to December 31, 2004. During the survey period, the Eleventh Circuit Court of Appeals rendered notable decisions regarding the Family and Medical Leave Act ("FMLA") and the Labor Management Relations Act ("LMRA"). Several district courts also weighed in during this survey period with significant rulings on the FMLA and the Equal Pay Act ("EPA").

An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga

City University of New York Law Review

No abstract provided.

Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith

San Diego International Law Journal

This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …

Is U.S. Ceo Compensation Inefficient Pay Without Performance?, John E. Core, Wayne R. Guay, Randall S. Thompson

Michigan Law Review

In Pay Without Performance, Professors Lucian Bebchuk and Jesse Fried develop and summarize the leading critiques of current executive compensation practices in the United States. This book, and their highly influential earlier article, Managerial Power and Rent Extraction in the Design of Executive Compensation, with David Walker offer a negative, if mainstream, assessment of the state of U.S. executive compensation: U.S. executive compensation practices are failing in a widespread manner, and much systemic reform is needed. The purpose of our Review is to summarize the book and to offer some counterarguments to try to balance what is becoming …

Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May

University of Arkansas at Little Rock Law Review

No abstract provided.

Diversity: Denied, Deferred Or Preferred, Carl G. Cooper

West Virginia Law Review

No abstract provided.

Grinding Decline In Springfield: Is The Finance Control Board The Answer?, Robert Forrant

New England Journal of Public Policy

Springfield, Massachusetts, the Bay State’s third largest city, suffered staggering manufacturing job loss over the last thirty years of the twentieth century. In 2004, the financial impact of job loss, coupled with dubious fiscal management, plunged the city into near bankruptcy. In response, state government passed legislation appointing a Finance Control Board to manage city business. Wage freezes for City workers were continued and cuts in numerous essential services occurred to deal with the debt. But the question remains, can a Control Board approach grow a large stock of well-paying jobs — large enough to grow the city’s and the …

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.

Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes

Brigham Young University Education and Law Journal

No abstract provided.

Arbitration And State Action, Sarah Rudolph Cole

BYU Law Review

No abstract provided.

Risky Business: What Must Employers Do To Shield Against Liability For Employee Wrongdoings In The Internet Age?, Nicole J. Nyman

Washington Journal of Law, Technology & Arts

Recent suits filed by the recording industry have raised the issue of employer liability for copyright infringement by employees. In fact, legal consequences for an employer do not end with copyright infringement liability, but extend into many other areas. This Article discusses several legal concerns raised by employee Internet use and examines steps an employer should take to minimize or avoid liability for inappropriate employee actions, including a discussion of benefits and drawbacks to various approaches.

The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky

Hofstra Labor & Employment Law Journal

No abstract provided.