Labor and Employment Law Commons^™

Unfair By Default: Arbitration's Reverse Default Judgment Problem, Alexi Pfeffer-Gillett

Scholarly Articles

It is a foundational principle of civil law that a defendant who fails to respond to allegations is deemed to have admitted those allegations and can be subjected to default judgment liability. This threat of default judgment incentivizes defendants to respond to claims, thereby discouraging delay tactics and helping ensure cases are resolved efficiently on the merits.

In consumer and employment arbitration, though, the fairness and efficiency benefits of traditional default judgment are flipped, rewarding rather than punishing unresponsive defendants. This difference from civil litigation arises out of arbitration’s fee structures: if a defendant-company fails to pay its share of …

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters

Scholarly Articles

It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing, analyzing, and challenging the majoritarian stories of racial privilege.”

Our specifc intention is to recognize the largely performative nature of claiming to be committed to an idea while substantively and concretely ensuring the opposite. This Essay is written with specific experiences, patterns, and practices in …

Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation, Christopher B. Seaman

Scholarly Articles

Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging employers to invest in employee training has been challenged by numerous legal and economics scholars in recent years, who contend noncompetes hinder employment options for skilled workers and limit information spillovers, which are both vital drivers of innovation. Based on these claims, several states have recently limited the enforcement of noncompetes, and legislation is pending at the federal level to effectively ban …

Brief Of Amicus Curiae The Washington And Lee University School Of Law Black Lung Clinic In Support Of Petitioners: California V. Texas, Timothy C. Macdonnell

Scholarly Articles

Section 1556 of the Patient Protection and Affordable Care Act (PPACA) makes two major changes to the Black Lung Benefits Act. These changes remove limiting language to make it simpler for disabled miners and their families to establish that they are entitled to federal benefits. First, § 1556(a) reinstates the fifteen-year rebuttable presumption, which presumptively entitles former coal miners to benefits if they have worked over fifteen years underground and have a totally disabling pulmonary disease. The second, § 1556(b), reinstates a continuation of benefits for surviving spouses whose coal-mining spouse was receiving benefits at the time of their death. …

When “Disruption” Collides With Accountability: Holding Ridesharing Companies Liable For Acts Of Their Drivers, Alexi Pfeffer-Gillett

Scholarly Articles

When Uber launched in San Francisco in 2010, it took the city by storm. Here was a high-tech transportation service that seemingly did everything better than taxicabs: it was more convenient, more accessible, more comfortable, and even cheaper in many instances. Uber’s initial success inspired a number of lower-cost, nonprofessional “ridesharing” options, which have flourished.

Some skeptics, including taxicab operators, have decried the arrival of these peer-to-peer ridesharing services, now classified by regulators as Transportation Network Companies (TNCs). While such complaints could be easily dismissed as the dying groans of a “disrupted” industry, a string of passenger safety incidents has …

Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky

Scholarly Articles

In this article the author advocates for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.

Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky

Scholarly Articles

The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …

For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Ii. Arbitration, Labor Relations And Employment Discrimination, Mark H. Grunewald

Scholarly Articles

Review of Fourth Circuit Opinions in Civil Cases.

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Wimberly V. Labor & Industrial Relations Commission Of Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Paradise, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Postal Service Board Of Governors V. Aikens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Newport News Shipbuilding & Dry Dock Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ford Motor Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Velde V. National Black Police Association, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jacksonville Bulk Terminals V. Longshoremen, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

County Of Washington, Oregon V. Gunther, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Equal Employment Opportunity Commission (Eeoc) V. Associated Dry Goods Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

American Textile Mfrs. Institute, Inc. V. Donovan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Brewers Assn. V. Bryant, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.