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Labor and Employment Law Commons

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Golden Gate University School of Law

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Articles 31 - 60 of 124

Full-Text Articles in Labor and Employment Law

Notes From The Field: The Role Of The Lawyer In Grassroots Policy Advocacy, Hina B. Shah Jan 2015

Notes From The Field: The Role Of The Lawyer In Grassroots Policy Advocacy, Hina B. Shah

Publications

In the past decade, domestic workers have built a national, grassroots, worker-led movement to address the systemic exclusion of domestic workers from basic wage and hour laws. They have been widely successful in the last three years with the passage of a state domestic worker bill of rights in several states, the adoption by the International Labour Organization of the Convention and Recommendation Concerning Decent Work for Domestic Workers, and federal policy changes by the Department of Labor. Building visibility through worker leadership and broad-based coalitions, the domestic work campaigns have succeeded in gaining fairer treatment under the law. Behind …


Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board Dec 2014

Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Werc Newsletter, Fall 2014, Hina B. Shah Oct 2014

Werc Newsletter, Fall 2014, Hina B. Shah

Women’s Employment Rights Clinic

No abstract provided.


Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law Jun 2014

Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law

Press Releases

Today, the Legal Aid Society-Employment Law Center (LAS-ELC) and the Women’s Employment Rights Clinic of Golden Gate University School of Law along with the law firm of Lewis, Feinberg, Lee, Renaker & Jackson, P.C., filed a class action lawsuit on behalf of in-home and facility caregivers in the California Superior Court, Alameda County against Kindred Healthcare, Inc. and affiliated companies Professional Healthcare at Home, LLC and NP Plus, LLC, alleging failure to pay minimum wage and overtime and various meal and rest period violations, among other claims.


Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah Apr 2014

Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah

Publications

Recent victories in domestic workers rights are a result of grassroots, worker-led campaigns to change the cultural value of domestic work and fundamentally question why the law treats these workers differently from other workers. Building visibility through worker leadership and broad-based coalitions, the domestic work campaigns have succeeded in gaining more equal treatment under the law. This is the story of the California campaign and the Golden Gate University Women’s Employment Rights Clinic’s role in the campaign.


Employee Rights: If Nobody Knows, Who Cares?, Lee Howery Mar 2014

Employee Rights: If Nobody Knows, Who Cares?, Lee Howery

GGU Law Review Blog

No abstract provided.


A Nation At Waste: The Long-Term Unemployed And Job Discrimination, Hina Shah Feb 2014

A Nation At Waste: The Long-Term Unemployed And Job Discrimination, Hina Shah

Publications

No abstract provided.


Urban Decay, Austerity, And The Rule Of Law, Brent T. White Jan 2014

Urban Decay, Austerity, And The Rule Of Law, Brent T. White

Publications

Detroit has failed and its infrastructure is crumbling. But Detroit is not an isolated case. It is a paradigmatic example of increasing urban decay across the United States. While commentators have warned that the declining state of the country's infrastructure threatens U.S. prosperity, there is a bigger issue at stake. Decaying urban environments jeopardize the rule of law, undermining the very foundation of the social contract. This Article shows that the strength of the rule of law in a given country can be predicted by that government's ability (or inability) to provide public services-particularly, a livable urban environment. When urban …


Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah Sep 2013

Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah

Publications

After nearly 75 years of exclusion from federal and state labor protections, domestic workers have finally scored two important victories in their fight for equal treatment. Late last week, Governor Brown signed AB 241, extending California overtime protections to domestic workers who spend a significant amount of time caring for children, elderly and people with disabilities. One week earlier the federal Department of Labor finalized new rules that significantly extend federal minimum wage and overtime protections to domestic workers who care for the elderly and people with disabilities. Together, these actions extend overtime coverage to all domestic workers in California.


Report To The Legislature Fiscal Year 2011-2012 And Fiscal Year 2012-2013, Agricultural Labor Relations Board Jan 2013

Report To The Legislature Fiscal Year 2011-2012 And Fiscal Year 2012-2013, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Domestic Worker Organizing: Building A Contemporary Movement For Dignity And Power, Hina Shah, Marci Seville Jan 2012

Domestic Worker Organizing: Building A Contemporary Movement For Dignity And Power, Hina Shah, Marci Seville

Publications

The success of domestic worker organizing in the twenty-first century may seem like an anomaly against the backdrop of increased hostility towards unionized labor and an overall decline in wages and benefits for workers. The contemporary domestic worker movement, beginning in the 1990s, builds upon centuries of organizing and agitation by domestic workers and others for a cultural shift that values domestic labor as real work. The current movement fundamentally alters past organizing models, linking the struggle to a broader movement for social justice. Unlike past organizing efforts, domestic workers are at the helm of the contemporary movement. They have …


Complex Employment Issues In Elder Care, Marci Seville, Hina Shah Mar 2011

Complex Employment Issues In Elder Care, Marci Seville, Hina Shah

Publications

While lawyers often associate estate planning with aging parents, there are, in fact, a host of employment law issues related to elder care that can leave one's head spinning. This article addresses obligations that arise under California law when you or your family members hire caregivers. When hiring a caregiver — either at home or when additional individual care is needed in a facility such as assisted living — you must comply with a complex patchwork of laws and regulations governing wages and working conditions.


Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina Shah Jan 2011

Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina Shah

Publications

The need to restructure the limited liability rule as it applies to low-wage workers' wages is more compelling than ever. As the Wins case illustrates, a simpler and more straightforward mechanism is needed to ensuring that low-wage workers recover the wages they earned. This article offers an in-depth analysis on the problems faced by wage creditors and sets forth recommendations for reform that would guarantee low-wage workers' wages, thus exempting them from the limited liability rule. Part II traces the history of the limited liability rule. Particular attention is paid to the justifications for the limited liability rule, the effect …


Chinese Soup, Good Horses, And Other Narratives: Practicing Cross-Cultural Competence Before We Preach, Marci Seville Jan 2011

Chinese Soup, Good Horses, And Other Narratives: Practicing Cross-Cultural Competence Before We Preach, Marci Seville

Publications

Before we undertake teaching our students about cross-cultural competence, we need to examine carefully our own practices, and those of our colleagues and institutions, to ensure that we are not complicit in the very practices of cross-cultural “incompetence” that we hope to train our students to avoid. While there is a substantial body of scholarship on teaching this competence to our students, there is less written about practicing it ourselves as teachers and members of academic institutions. This essay will examine the latter subject and will hopefully provide some productive suggestions on ways to expand cross-cultural competence for our law …


Report To The Legislature Fiscal Year 2010-2011, Agricultural Labor Relations Board Jan 2011

Report To The Legislature Fiscal Year 2010-2011, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville Jan 2010

Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville

Publications

In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and more …


Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini Jan 2010

Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini

Publications

No abstract provided.


Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White Jan 2010

Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White

Publications

As a response to the discriminatory hiring practices of a large number of white-owned businesses in the 1940s, Hughes and others established a group called "Progressive Citizens of America" ("Progressive") in Richmond, California. The Hughes case detailed the events surrounding unemployed black workers picketing certain "Lucky Stores;' a grocery chain with a store located near the Canal Housing Project in Richmond, in order to compel the store to hire more black clerks. In response to the picketing, lawyers for Lucky Stores requested a preliminary injunction against the picketing. The request for injunctive relief was granted by the Superior Court of …


Report To The Legislature Fiscal Year 2009-2010, Agricultural Labor Relations Board Jan 2010

Report To The Legislature Fiscal Year 2009-2010, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Report To The Legislature Fiscal Year 2008-2009, Agricultural Labor Relations Board Jan 2009

Report To The Legislature Fiscal Year 2008-2009, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Report To The Legislature Fiscal Year 2007-2008, Agricultural Labor Relations Board Jan 2008

Report To The Legislature Fiscal Year 2007-2008, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Report To The Legislature Fiscal Years 2005-06 & 2006-07, Agricultural Labor Relations Board Jan 2008

Report To The Legislature Fiscal Years 2005-06 & 2006-07, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Law Professors' Comments In Response To The Dol Request For Information On The Family And Medical Leave Act Of 1993, Marci Seville Feb 2007

Law Professors' Comments In Response To The Dol Request For Information On The Family And Medical Leave Act Of 1993, Marci Seville

Women’s Employment Rights Clinic

No abstract provided.


Assigning The Burden Of Proof In Contractual Jury Waiver Challenges: How Valuable Is Your Right To A Jury Trial?, Chester Chuang Jan 2006

Assigning The Burden Of Proof In Contractual Jury Waiver Challenges: How Valuable Is Your Right To A Jury Trial?, Chester Chuang

Publications

Two state supreme courts, California and Georgia, have ruled that pre-dispute contractual jury waivers are not enforceable. Those jurisdictions that permit such waivers use a wide array of “safeguards not typical of commercial law” to protect the constitutional right to jury trial. The multiple safeguards used by courts, and the different ways of applying them led the California Supreme Court to note “the difficulties experienced in other jurisdictions [with respect to pre-dispute jury waivers], where disagreements persist concerning such matters as allocation of the burden of proof when a party resists enforcement of a contractual waiver of jury trial.” These …


A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz Nov 2005

A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz

Publications

This legislative update will address the most significant employment legislation signed and vetoed this year. It will also highlight a significant deadline for employers from last year’s enacted legislation. Finally, this update will describe two relevant propositions rejected by the people of the State of California.


Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville Sep 2005

Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville

Women’s Employment Rights Clinic

Today, AB 633 stands as a landmark law with great potential — much of it yet to be realized — to fight against the proliferation of sweatshops and corporate abuse in the garment industry, and to serve as model legislation for other low-wage industries across California and around the nation in which workers are denied their most basic workplace rights. In documenting the successes of AB 633, as well as presenting the challenges garment workers still face in recovering their wages under the law, this report seeks to provide an answer to the pivotal question: Has AB 633 fulfilled its …


Annual Report To The Legislature 1999-2000, Agricultural Labor Relations Board Jan 2000

Annual Report To The Legislature 1999-2000, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Asian Law Journal Symposium On Labor And Immigration, Hina Shah May 1999

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

Publications

No abstract provided.


Annual Report To The Legislature 1996-1997, 1997-1998, Agricultural Labor Relations Board Jan 1998

Annual Report To The Legislature 1996-1997, 1997-1998, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Know Your Rights: A Guide To Employment Law For California Workers, Marci Seville, Maria Blanco, Whitney Gabriel, Anne Yen May 1997

Know Your Rights: A Guide To Employment Law For California Workers, Marci Seville, Maria Blanco, Whitney Gabriel, Anne Yen

Women’s Employment Rights Clinic

The Women's Employment Rights Clinic of Golden Gate University School of Law has written this handbook to help guide California employees who have legal questions regarding their employment. The chapters include broad overviews of different areas of the law. The law changes frequently, and this book contains only basic information. Employees should use this handbook as a starting place for further action and advice; it is not meant to be a substitute for legal counsel.