Law Commons^™

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law

Published Reports

A report released by Georgetown Law's Workplace Flexibility 2010 and the Berkeley Center on Health, Economic & Family Security (Berkeley CHEFS) outlining a blueprint for establishing and financing a new national insurance program to provide wage replacement for time off for health and caregiving needs. The report describes the need among working Americans for time off from work to address personal illness, to care for a new child, or to care for a loved one with a serious illness. It argues that the need for time off is no longer an issue for individual families or select industries, but a …

Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang

Maurer Theses and Dissertations

Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.

In the United States, the distinctive interpretation of laws …

Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel

Chicago-Kent Law Review

The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory …

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

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions interpreting Georgia law from June 1, 2009 to May 31, 2010. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …

Reply Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2135, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt, Anthony Franze

Court Briefs

No abstract provided.

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Lance A Compa

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Lance A Compa

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …

Labor Relations, Joseph R. Grodin

Cal Law Trends and Developments

While primary responsibility for regulating labor relations affecting interstate commerce lies with the National Labor Relations Board, there are a number of significant areas in which state courts may exercise jurisdiction; during 1969, California courts had opportunity to determine a variety of issues raising fundamental conflicts of position: The State Supreme Court was called on to decide a case of classic tension between constitutional rights of free speech and private property and the Courts of Appeal passed on the issue of employees' basic right to organize, a claim of duress by an employer who contended he was "forced" to sign …

Labor Relations, Joseph R. Grodin

Cal Law Trends and Developments

No abstract provided.

Protecting Economic Stability: The Washington Supreme Court Breathes New Life In The Public-Policy Exception To At-Will Employment For Domestic Violence Victims, Margaret C. Hobday

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Judicial Review Of Administrative Acts In The European Union And In France: A Comparison., Natasha Buontempo

Natasha Buontempo

No abstract provided.

Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Consider The Source: When The Harasser Is The Boss, Susan Grover, Kimberly Piro

Faculty Publications

In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a coworker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.

Rehabilitative Employees And The National Labor Relations Act, Justin C. Sorrell

William & Mary Law Review

No abstract provided.

The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav

Alexandra D. Lahav

How big is too big when it comes to class actions? This short essay, written for the Vanderbilt Law Review En Banc roundtable on Dukes v. Wal-Mart Stores, Inc. examines that question. Size in itself should not be a barrier to certification, but courts may rightly be concerned with variation within the class. Variation causes manageability problems, but in some cases (like Dukes) variation can be managed within the class context by judicious use of statistical methods. I also demonstrate why the related argument that this class ought not be certified because it is too big and Wal-Mart will be …

Occupational Safety And Health Standards As Federal Law: The Hazards Of Haste, Robert D. Moran

William & Mary Law Review

No abstract provided.

Giving Employers Guidance: The Proper Response To No-Match Letters Under Aramark Facility Services V. Service Employees International Union, Local 1877, Steffanie Bevington

Golden Gate University Law Review

In Aramark Facility Services v. Service Employees International Union, Local 1877, the United States Court of Appeals for the Ninth Circuit provided some guidance to employers in receipt of a no-match letter. Finding that receipt of a no-match letter does not give an employer "constructive knowledge" that an employee is unauthorized to work in the United States, the Ninth Circuit upheld an arbitration award reinstating employees who were terminated after their employer received a no-match letter. The Ninth Circuit held that termination of the employees was unwarranted under the circumstances because the company did not have sufficient information that it …

The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick

Golden Gate University Law Review

In Quon v. Arch Wireless Operating Co., a panel of the United States Court of Appeals for the Ninth Circuit held that a public employer violated the Fourth Amendment by searching the contents of text messages sent and received on a public employee's work-issued pager. In so holding, the Ninth Circuit found that the public employee had a reasonable expectation of privacy in the contents of the text messages, despite a formal Internet and computer policy stating otherwise. Relying on the two-part O'Connor test for public-employer searches, the court found that the search was more intrusive than necessary to determine …

When Does Discrimination "Occur?": The Supreme Court's Limitation On An Employee's Ability To Challenge Discriminatory Pay Under Title Vii, Kara M. Farina

Golden Gate University Law Review

This Comment contends that the Court's holding in Ledbetter marks a substantial deviation from the purpose of Title VII - to rectify past and prevent future workplace discrimination and provide a remedy for economically injured employees-and thereby weakens the prohibition against discrimination in the workplace. The Court's failure to consider the hidden nature of discriminatory pay claims significantly limits employees' ability to challenge disparate pay under Title VII. This comment asserts that discrimination "occurs" with each paycheck that delivers discriminatorily low pay.

Why Fight Fought?: A Missed Erisa Opportunity In The Ninth Circuit, Jill V. Cartwright

Golden Gate University Law Review

This Note analyzes the United States Court of Appeals for the Ninth Circuit's standard of review in cases in which a conflicted administrator has denied benefits. Part I of this Note examines early standards of review prior to ERISA. Part II sets forth the split among the circuits in evaluating a conflicted administrator's denial of benefits and explains the Ninth Circuit's former standard. Part ill compares the Ninth Circuit's prior standard of finding such denials presumptively void with its recent holding in Abatie v. Alta Health & Life Insurance Company, in which the court effectively adopted a unique standard similar …

Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster

Neil J Foster

This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.

Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly

Golden Gate University Law Review

Part I of this Note reviews Title VII and foundational caselaw, including cases regarding sex discrimination and appearance standards. Part II examines the Ninth Circuit's Jespersen opinion. Part III compares the Supreme Court decision in Price Waterhouse v. Hopkins, which expanded Title VII protection to include gender stereotyping, with the Jespersen holding. Part III also explores a Seventh Circuit case, Carroll v. Talman Federal Savings and Loan Association of Chicago, and Judge Thomas's dissent in Jespersen, which both argue for inclusion of less tangible factors such as gender stereotyping in the unequal burdens test. Part III finally contends that the …

To Be Or Not To Be A Penalty: Defining The Recovery Under California's Meal And Rest Period Provisions, Scott Edward Cole, Matthew R. Bainer

Golden Gate University Law Review

This article argues that the DLSE's proposed regulations are in fact a redefinition of the pay provided for under Section 226.7. California Labor Code Section 226.7 was intended to, was explicitly drafted to, and in fact does, provide for a premium wage rather than a penalty. Parts I and II provide a review of mandatory meal and rest periods. Part III discusses the nature of the Section 226.7 pay provision, the DLSE's proposed regulations, and the DLSE's accompanying statement of reasons supporting these regulations. Parts IV analyzes Labor Code Section 226.7 under the axioms of statutory interpretation, demonstrating that the …

Reinventing The Eeoc, Nancy M. Modesitt

All Faculty Scholarship

The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …

The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise

Cornell Law Faculty Publications

Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and retaliation cases. The decision prompted an outcry from the plaintiffs' bar and Congress has proposed legislation to overturn Gross. Despite the outcry, a simple question persists: Does the motivating factor jury instruction influence case outcomes? Results from our experimental mock jury study suggest that such jury instructions …

المساعــي التشريعيــة نحــو توطيــن العمــل في دولــة الكويــت, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Indiana Law Journal

No abstract provided.