Labor and Employment Law Commons^™

Massworks: Quality Employment Services: Where Research And Practice Meet, Rick Kugler, Cindy Thomas

MassWorks Series, Institute for Community Inclusion

Providing quality employment services to people with disabilities requires a substantial commitment of time, energy, and resources. Given this investment and our obligation to individuals with disabilities, we as providers must deliver the most effective services possible.

Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth

Data Note Series, Institute for Community Inclusion

In FY2004, 22% of individuals receiving day supports from state mental retardation or developmental disability (MR/DD) agencies participated in integrated employment while 56.5% of individuals were supported in facility-based settings. While the data demonstrate a continued decrease in the percent of people served in facility-based settings (from 60% in 1999 to 57% in 2004), it also suggests a slight decrease in the percent served in integrated employment (from 25.5% in 1999 to 22% in 2004).

Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud

The Institute Brief Series, Institute for Community Inclusion

The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.

The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of "Serious health condition".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum contains a summary of questions asked in the DOL request for information about the implications of providing accommodations to employees with serious health conditions to enable them to perform their jobs with accommodations, rather than taking FLMA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Light Duty, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about "Light Duty" work.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Fmla Leave Determinations/Medical Certifications, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about FMLA leave determinations and medical certifications.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Definition Of A "Day", Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of a "Day".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Communications Between Employers And Their Employees, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about communications between employers and their employees regarding FMLA rights and obligations.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Substitution Of Paid Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the substitution of paid leave for FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication provides guidance to individuals with disabilities regarding the increase in minimum wage, with a particular focus on understanding who this increase applies to, the impact of the wage increase on public benefits, and how to deal with issues that may arise with employers.

Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about attendance policies.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Waiver Of Rights, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about waiver of FMLA rights.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff

The Institute Brief Series, Institute for Community Inclusion

This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.

The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The scheduling of work hours is important to employers and employees alike. Employers must ensure sufficient staffing to meet workload demands; employees must balance work with other aspects of their lives. Over the past several years, the tendency to view these needs as mutually exclusive has slowly given way to increased discussion of and experimentation with flexible work arrangements as an effective way to balance work-life demands. While these workplace flexibility initiatives take many forms, the majority of them require collaboration between employers and employees regarding work hours and conditions.

Episodic Time Off: An Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

While some workers' needs for lexibility can be addressed by short Term Time Off (STO) or by a Flexible Work Arrangement (FWA), there are other workers who need time off on a more episodic basis. These workers may have an illness, such as cancer of kidney disease, which requires them to attend numerous medical appointments on a relatively set basis. Or they may have a chronic conditions, such as migraine headaches or fibromyalgia, that flares up sporadically. Some workers may care for family memebers who have recurring medical needs, such as an aging parent who requires regularly scheduled bi-weekly dialysis …

Fact Sheet On Episodic Time Off (Epto), Jean Flatley Mcguire, Kaitlyn Kenney

Memos and Fact Sheets

Workplace Flexibility 2010 has coined the term "Episodic Time Off" or "EPTO" to describe the type of workplace flexibility needed to address the recurring need for time off - sometimes regular, sometimes sporadic, sometimes foreseeable, sometimes not - for which Short Term Time Off is insufficient and which a Flexible Work Arrangement cannot resolve. Evidence illustrates that across the lifespan, for a variety of reasons, the need and desire for EPTO are great.

Recognizing And Preventing Hazards In The Construction Industry, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

By the nature of the work, the construction industry is very hazardous and dangerous. These dangers are multiplied still further when workers and supervisors employed in this industry are working at manufacturing sites such as pulp and paper mills. This handbook deals with the following hazards confronting workers and employers in construction, which have been identified by OSHA as priority areas for hazard recognition and prevention: • fall hazards on the same level or from a higher to a lower one; • being struck by or against any hazardous materials, equipment, or vehicles; • getting caught on, caught in, or …

Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The classification of independent contractors (ICs) is problematic in a number of industries and employment situations. This paper is intended as a survey of IC issues as they affect the construction industry in Maine. Construction companies have recourse to hourly labor for much of their work requirements, but like many other businesses, they also often employ independent contractors for some parts of their various building contracts. There is considerable evidence that these two job categories are being manipulated by some employers to bypass the legal intent of IC classification. A 2000 report produced for the U.S. Department of Labor found …

Calling For Stories, Nancy Levit, Allen Rostron

Nancy Levit

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

Labor Unions: A Corporatist Institution In A Competitive World, Michael L. Wachter

All Faculty Scholarship

Union membership, as a percentage of the private sector workforce, has been in decline for 50 years. I argue that the cause of this unrelenting decline is a single, fundamental factor – the change in the United States economy from a corporatist-regulated economy to one based on free competition. Most labor commentators have explained the decline by a confluence of unrelated economic and legal forces. Labor economists typically stress economic explanations, which vary from compositional shifts in the job structure to increased competition both domestically and internationally. On the other hand, labor law commentators naturally focus on labor law explanations, …