Labor and Employment Law Commons^™

Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan

Barry Bluestone

No abstract provided.

Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …

Disparate Impact Is Not Unconstitutional, Michael Evan Gold

Michael Evan Gold

[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …

Data Note: Decline In The Provision Of Facility-Based Work Services For People With Intellectual And Developmental Disabilities, Jean E. Winsor, Alberto Migliore

Data Note Series, Institute for Community Inclusion

Facility-based work services are vocational services provided in settings where the majority of people have a disability and receive continuous job-related supports and supervision. Facility-based work services are also referred to as sheltered work, work activity services, or extended employment programs.

Savannah, Georgia, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Savannah, Georgia.

Seattle, Washington, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Seattle, Washington.

Rochester, Minnesota, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Rochester, Minnesota.

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

James R. Repetti

The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

Chandler, Arizona, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Chandler, Arizona.

Press Release, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The press release for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

List Of Speakers, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of Speakers for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

Presentation: Presser, Harriet B. Presser

Conferences, Panels, and Events

Presentation by Harriet B. Presser on Working in a 24/7 Economy: Challenges for American Families, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gerson & Jacobs, Jerry A. Jacobs, Kathleen Gerson

Conferences, Panels, and Events

Presentation by Jerry A. Jacobs and Kathleen Gerson on The Time Divide: Work, Family, and Gender Inequality, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gornick & Meyers, Janet C. Gornick, Marcia K. Meyers

Conferences, Panels, and Events

Presentation by Janet C. Gornick, City University of New York and Marcia K. Meyers, University of Washington on Families That Work: Policies for Reconciling Parenthood and Employment, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Selected Events On Workplace Flexibility In The Federal Government, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Selected events on Workplace Flexibility in the federal government from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix F: "A Sampling Of Government Reports On Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A Sampling of Government Reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix E: "Telecommuting: A Case Study In Public Policy Approaches", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Telecommuting: A Case Study in Public Policy Approaches from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix D: "Some Background Information On Workplace Flexibility In Federal Agencies", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Some background information on Workplace Flexibility in federal agencies from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix C: "The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa)", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

'Dear Colleague' Letter, Mike Dewine, Christopher J. Dodd

Briefings, Hearings, and Congressional Study Group

'Dear Colleague' letter for the September 2006 briefing on "Children's Well-Being and the Role of Workplace Flexibility for Parents" event.

Prepared on behalf of Workplace Flexibility 2010 by Senator Mike DeWine and Senator Christopher J. Dodd.

Letter Of Invitation To A Briefing On Meeting The Needs Of Today's Families: The Role Of Workplace Flexibility, Lamar Alexander, Hillary Rodham Clinton

Briefings, Hearings, and Congressional Study Group

Letter of Invitation to a briefing on Meeting the Needs of Today's Families: The Role of Workplace Flexibility, held April 25, 2006.

Testimony Of Chai R. Feldblum, Chai R. Feldblum

Briefings, Hearings, and Congressional Study Group

Testimony of Chai R. Feldblum, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Beyond Mystiques And Mismatches: Unpacking Retirement And Work, Phyllis Moen Phd

Briefings, Hearings, and Congressional Study Group

Beyond Mystiques and Mismatches: Unpacking Retirement and Work, An Issue Brief Prepared by Phyllis Moen for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Remarks On What An Aging Workforce Can Teach Us About Workplace Flexibility, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

Remarks on What an Aging Workforce Can Teach Us About Workplace Flexibility, An Issue Brief Prepared by Robert B. Hudson, PhD, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Perspectives: Aligning Business Needs With Older Workers' Preferences And Priorities, Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Briefings, Hearings, and Congressional Study Group

Perspectives: Aligning Business Needs with Older Workers’ Preferences and Priorities An Issue Brief Prepared by Marcie Pitt-Catsouphes and Michael A. Smyer for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Perspectives: Older Workers' Priorities And Preferences, Michael A. Smyer Phd, Marcie Pitt-Catsouphes Phd

Briefings, Hearings, and Congressional Study Group

Perspectives: Older Workers’ Priorities and Preferences An Issue Brief Prepared by Michael A. Smyer and Marcie Pitt-Catsouphes for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Labor Force Participation Rates Of Women Age 55 And Over, Annual Averages, 1963-2003, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

A chart of labor force participation rates of women age 55 and over, by age group, annual averages, 1963–2003 by Robert Hutchens, PhD, School of Industrial and Labor Relations Cornell University, on behalf of the event: What an Aging Workforce Can Teach Us About Workplace Flexibility held on July 18, 2005 by Workplace Flexibility 2010.

Labor Force Participation Rates Of Men Age 55 And Over, Annual Averages, 1963-2003, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

A chart of labor force participation rates of men age 55 and over, by age group, annual averages, 1963–2003 by Robert Hutchens, PhD, School of Industrial and Labor Relations Cornell University, on behalf of the event: What an Aging Workforce Can Teach Us About Workplace Flexibility held on July 18, 2005 by Workplace Flexibility 2010.