Labor and Employment Law Commons^™

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

William R. Corbett

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …

When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith

Kati Griffith

What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized …

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived legal compliance by the …

Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati Griffith

Kati Griffith

[Excerpt] This Article endeavors to comprehensively outline the emerging field of immployment law. As this Article specifies below, this field broadly includes empirical, legislative, administrative, judicial, and other analytical inquiries and trends involving workers who bridge the divide between immigration law and workplace law. This Article also proposes directions for future research in this area. Namely, it raises a broad array of compelling questions that merit intensive scholarly, judicial, and policy analysis moving forward. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to …

Perfecting Public Immigration Legislation: Private Immigration Bills And Deportable Lawful Permanent Residents, Kati Griffith

Kati Griffith

[Excerpt] This article examines why the historical relationship between immigration law and private bills has not continued following the enactment of the 1996 immigration laws for any of the affected immigrant groups. The article focuses on LPRs with criminal convictions in particular because their likelihood of deportation has increased dramatically as their access to executive discretion to avoid deportation has decreased. Since 1996, even if an LPR has lived in the United States since childhood, she can be subject to mandatory deportation for almost any criminal conviction – including misdemeanors, such as shoplifting or a bar fight. Since 1996, it …

Ice Was Not Meant To Be Cold: The Case For Civil Rights Monitoring Of Immigration Enforcement At The Workplace, Kati Griffith

Kati Griffith

[Excerpt] As Professor Lee discusses, the U.S. Department of Labor (“DOL”), the main agency in charge of health, safety, and wage and hour protections for employees, has failed to ward off the negative effects of IRCA’s workplace-based immigration enforcement scheme. Part of the reason for this failure, as Professor Lee convincingly contends, is that ICE has the power to make enforcement decisions that affect the workplace rights of employees without consulting the DOL. For Professor Lee, the DOL’s relative impotence, coupled with ICE’s lack of regard for employees’ workplace rights in its immigration enforcement measures, allows “bad-actor” employers to trample …

Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith

Kati Griffith

It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa slaughterhouses to the rest …

Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith

Kati Griffith

[Excerpt] As we examine the criminalization of immigration, commonly referred to as “crimmigration” (Stumpf, 2006), it is essential to consider its impact on other areas of law and policy that involve immigrants but are not traditionally thought of as formal elements of either criminal law or immigration law. Why? As Hortensia’s story illustrates, crimmigration may unexpectedly affect protections and rights that relate to immigrants’ experiences but come from other areas of law and policy. This chapter explores the impact of crimmigration on labor standards enforcement. By labor standards enforcement, the chapter refers mainly to the wage and hour, health and …

U.S. Migrant Worker Law: The Interstices Of Immigration Law And Labor And Employment Law, Kati Griffith

Kati Griffith

The work visa program for temporary foreign workers in the United States is “not only the longest-running, but also the largest such program in the world.” Close to one million foreign workers receive work visas each year for both skilled and unskilled temporary jobs in the United States. Nevertheless, the number of foreign workers laboring in the United States that do not have the legal documentation necessary to work in the United States (“undocumented migrant workers”) dwarfs the number of temporary foreign workers that receive visas to work in the United States (“documented migrant workers”). As of 2008, there were …

Immigration Advocacy As Labor Advocacy, Kati Griffith

Kati Griffith

[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.

Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith

Kati Griffith

[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints …

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …

A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith

Kati Griffith

[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration …

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …

The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

Employee Compensation And Related Expenses, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Fairness And Opportunity For Choice: The Employee Free Choice Act And The Canadian Model, Sara Slinn, Richard Hurd

Sara Slinn

No abstract provided.

The Effect Of Compulsory Certification Votes On Certification Applications In Ontario: An Empirical Analysis, Sara Slinn

Sara Slinn

No abstract provided.

Should Congress Pass The Employee Free Choice Act? Some Neighborly Advice, Sara Slinn, John Godard, Joseph Rose

Sara Slinn

No abstract provided.

Labour Policy In The Internet Age: Europe's Answer To The Market Challenge, Sara Slinn, Anil Verma

Sara Slinn

No abstract provided.

Labor Law Reform And The Role Of Delay In Union Organizing: Empirical Evidence From Canada, Sara Slinn, Michele Campolieti, Chris Riddell

Sara Slinn

No abstract provided.

An Empirical Analysis Of The Effects Of The Change From Card-Check To Mandatory Vote Certification, Sara Slinn

Sara Slinn

No abstract provided.

Collective Bargaining Law, Sara Slinn

Sara Slinn

No abstract provided.

The Role Of Medical Care In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Panelist, What Will Be The Effect Of The Department Of Labor’S Fiduciary Rule?, Patricia Mccoy

Patricia A. McCoy