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Full-Text Articles in Labor and Employment Law

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun Jan 2023

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun

Loyola University Chicago Law Journal

How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett. In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.” Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue her statutory claim through litigation. Since …


Forgotten On The Frontlines: The Plight Of Direct Care Workers During Covid-19, John D. Blum, Shawn R. Mathis Jan 2021

Forgotten On The Frontlines: The Plight Of Direct Care Workers During Covid-19, John D. Blum, Shawn R. Mathis

Faculty Publications & Other Works

No abstract provided.


State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett Jan 2017

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Faculty Publications & Other Works

No abstract provided.


Planning Past Pensions, Julie Roin Jan 2015

Planning Past Pensions, Julie Roin

Loyola University Chicago Law Journal

Evidence of state and local government dysfunction surfaces in many areas. One is the operation of employee pension plans. Free from the strictures of the Employee Retirement Income Security Act (“ERISA”), some state governments failed to adequately fund their pension promises. With the imminent retirement of the baby boom generation, these states are facing what appear to be insurmountable pension debts. Illinois is one of the worst hit states, with grossly underfunded pension plans, a state constitutional prohibition on reducing pension benefits, and a sizable non-pension-related budget deficit. Illinois courts will likely strike down recently passed pension “reforms.” There are …


Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer Jan 2015

Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer

Loyola University Chicago Law Journal

While former industrial factories are being converted into modern living spaces in cities across the country, residential homes are being converted into modern factories thanks to advances in three-dimensional (“3D”) printing technology, an emerging “Maker Movement,” and the rise of online marketplaces like Etsy. Despite growing environmental, child-labor, and safety concerns, these “home-based factories” are largely unregulated. In the absence of traditional workplace protections, how can we gear up for the “next industrial revolution” while guarding against the sweatshop conditions of the last? How can we harness the Maker Movement’s commitment to do-it-yourself democracy in order to combat abuses by …


Tobacco's Other Downside: Child Labor In American Tobacco Fields, Katherine Colburn Jan 2014

Tobacco's Other Downside: Child Labor In American Tobacco Fields, Katherine Colburn

Public Interest Law Reporter

No abstract provided.


Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer Jan 2014

Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Title Vii’S Last Harrah: Can Discrimination Be Plausibly Pled?, Michael J. Zimmer Jan 2014

Title Vii’S Last Harrah: Can Discrimination Be Plausibly Pled?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant Jan 2013

Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant

Loyola University Chicago Law Journal

No abstract provided.


Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass Jan 2013

Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass

Loyola University Chicago Law Journal

No abstract provided.


50 Years Of (Non) Equal Pay For Equal Work, Katie Rinkus Jan 2013

50 Years Of (Non) Equal Pay For Equal Work, Katie Rinkus

Public Interest Law Reporter

No abstract provided.


A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue Jan 2013

A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue

Public Interest Law Reporter

No abstract provided.


"How Much Are You Worth?" The Effects Of Human Trafficking On The Sex Trade In Illinois And The Remedies Designed To Eliminate It. , Sabena Auyeung Jan 2013

"How Much Are You Worth?" The Effects Of Human Trafficking On The Sex Trade In Illinois And The Remedies Designed To Eliminate It. , Sabena Auyeung

Public Interest Law Reporter

No abstract provided.


While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez Jan 2013

While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez

Public Interest Law Reporter

No abstract provided.


Removing Roadblocks: Certificates Of Good Conduct And Relief From Disabilties, Michael Lorden Jan 2013

Removing Roadblocks: Certificates Of Good Conduct And Relief From Disabilties, Michael Lorden

Public Interest Law Reporter

No abstract provided.


Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones Jan 2013

Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones

Public Interest Law Reporter

No abstract provided.


Inequality, Individualized Risk & Insecurity, Michael J. Zimmer Jan 2013

Inequality, Individualized Risk & Insecurity, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Binders Full Of Women & Closing The Gap, Michael J. Zimmer Jan 2013

Binders Full Of Women & Closing The Gap, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci Jan 2013

Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci

Loyola University Chicago Law Journal

No abstract provided.


Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret Jan 2013

Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Loyola University Chicago Law Journal

No abstract provided.


Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell Jan 2012

Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell

Public Interest Law Reporter

No abstract provided.


Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer Jan 2012

Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer Jan 2012

North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman Jan 2011

Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman

Public Interest Law Reporter

No abstract provided.


Outsourcing Liability: Are The True Causes Of Unemployment Hiding Behind The Corporate Veil? , Cynthia Herrera Jan 2011

Outsourcing Liability: Are The True Causes Of Unemployment Hiding Behind The Corporate Veil? , Cynthia Herrera

Public Interest Law Reporter

No abstract provided.


The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea Jan 2011

The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea

Faculty Publications & Other Works

No abstract provided.


Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer Jan 2011

Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Mandatory Use Of E-Verify By Federal Contractors: Benefits, Burdens, And Implications, Christina Mcmahon Jan 2009

Mandatory Use Of E-Verify By Federal Contractors: Benefits, Burdens, And Implications, Christina Mcmahon

Public Interest Law Reporter

No abstract provided.


Making The Cut: Jobs, Programs And Services For Individuals With Disabilities Eliminated By 2010 Budget In Illinois, Ellen Westley Jan 2009

Making The Cut: Jobs, Programs And Services For Individuals With Disabilities Eliminated By 2010 Budget In Illinois, Ellen Westley

Public Interest Law Reporter

No abstract provided.


Ricci V. Destefano: Disparate Impact And Title Vii Implications On Employment, Bill Schramm Jan 2009

Ricci V. Destefano: Disparate Impact And Title Vii Implications On Employment, Bill Schramm

Public Interest Law Reporter

No abstract provided.