Labor and Employment Law Commons^™

Social Truths In The Workplace: How Adversarialism Undermines Discrimination Litigation, Catherine Ross Dunham

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Contact Tracing Cell Phone Apps And Wearable Devices: The Fourth Amendment Issues Confronting Public Employers, Marc Chase Mcallister

Maryland Law Review

No abstract provided.

From Mandates To Governance: Restructuring The Employment Relationship, Brett H. Mcdonnell, Matthew T. Bodie

Maryland Law Review

No abstract provided.

Bargaining Inequality: Employee Golden Handcuffs And Asymmetric Information, Anat Alon-Beck

Maryland Law Review

No abstract provided.

Stranded Within Sight Of Land: Maritime Labor Rights And Seafarer Abandonment In The Time Of Covid-19, J. Sam Chase

Maryland Journal of International Law

No abstract provided.

An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack

Maryland Law Review

No abstract provided.

Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, Sandeep Vaheesan

Maryland Law Review

In enacting the antitrust laws, Congress sought to prevent big businesses from maintaining and augmenting their power through collusion, mergers, and exclusionary and predatory practices and also aimed to preserve the ability of workers to act in concert. At times, the antitrust laws have benefited ordinary Americans. Antitrust achievements include the restructuring of the oil industry in 1911, the creation of competitive market structures in the mid-twentieth century, and the termination of AT&T’s telecommunications monopoly in 1984.

Yet, the history of antitrust in the United States is not one of uninterrupted successes. Over two forty-year periods, the executive branch and …

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley

Maryland Law Review

No abstract provided.

Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry

Maryland Law Review

No abstract provided.

Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil

Faculty Scholarship

No abstract provided.

Resurrecting Labor, Rick Bales

Maryland Law Review

Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.

This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth. …

Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese

Maryland Law Review Online

No abstract provided.

Glatt V. Fox Searchlight Pictures, Inc.: Moving Towards A More Flexible Approach To The Classification Of Unpaid Interns Under The Fair Labor Standards Act, Michael Pardoe

Maryland Law Review

No abstract provided.

An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown

Maryland Law Review Online

No abstract provided.

Post Quon: An Analysis Of The Evolution Of New Media And The Employment Relationship, John H. Shannon, Susan A. O’Sullivan-Gavin

Journal of Business & Technology Law

No abstract provided.

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices engage everyone in …

A Catalyst For Change: Tatum V. Rjr Pension Inv. Committee, Erisa, And The Absence Of A Uniform Loss Causation Standard, Jared Burtner

Journal of Business & Technology Law

No abstract provided.

The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.

Colorism Among South Asians: Title Vii And Skin Tone Discrimination, Taunya L. Banks

Faculty Scholarship

In 2013 Nina Davuluri, an Asian Indian from Syracuse, NY, became the first South Asian-American Miss America. The largely congratulatory comments from South Asian bloggers while reveling in the significance of her win, also commented on her skin tone, characterizing the new Miss America as dark brown, some adding that Davuluri would have never won the Miss Indian America USA title because she is “too dark.” Early discussions of colorism, skin tone bias, by legal scholars focus on how the practice impacts black Americans or other persons with some African ancestry. Yet the comments from South Asians about Davuluri’s skin …

University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski

Maryland Law Review Online

No abstract provided.

Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg

Congressional Testimony

No abstract provided.

Narrowing The Gender Pay Gap By Providing Equal Opportunities: The Need For Tenured Female Professors In Higher Stem Institutions In An Effort To Recast Gender Norms, Claire R. Rollor

Student Articles and Papers

No abstract provided.

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.

The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner

Maryland Law Review

No abstract provided.

Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act, Ashley Sharif

Proxy

No abstract provided.

Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston

Proxy

No abstract provided.

Regulation By Amicus: The Department Of Labor's Policy Making In The Courts, Deborah Thompson Eisenberg

Faculty Scholarship

This Article examines the practice of “regulation by amicus”: that is, an agency’s attempt to mold statutory interpretation and establish policy by filing “friend of the court” briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a source of controlling law entitled to deference in Auer v. Robbins, agencies have used amicus curiae briefs—in strategic and at times aggressive ways—to advance the political agenda of the President in the courts.

Using the lens of the U.S. Department of Labor’s amicus activity in wage and hour cases, this Article explores the tension between the …

California Ex Rel. Harris V. Safeway, Inc.: Mismanaging The Intersection Of Antitrust And Labor Law, Peter L. Cooch

Journal of Business & Technology Law

No abstract provided.