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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick Aug 2009

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …


A Historical Overview Of The Fair Labor Standards Act, Pamela Newell Jul 2009

A Historical Overview Of The Fair Labor Standards Act, Pamela Newell

Journal Articles

No abstract provided.


Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick Jun 2009

Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick

Journal Articles

This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.


Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett May 2009

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett

Journal Articles

No abstract provided.


Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort Jan 2009

Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort

Journal Articles

No abstract provided.


Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin Jan 2009

Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin

Journal Articles

No abstract provided.


The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal Jan 2009

The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal

Journal Articles

The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …


Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin Jan 2009

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin

Journal Articles

Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …


Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson Jan 2009

Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson

Journal Articles

In spite of two recent Supreme Court cases that ostensibly reinstated a more expansive interpretation of discrimination under the Age Discrimination in Employment Act (ADEA), the protection that the ADEA affords still faces the same danger that threatened it before these decisions. The courts, including the Supreme Court, have been allowing employers to interpose defenses that correlate so strongly with age that they can be used as thinly veiled covers for discrimination. If the Court is serious about enforcing the purpose of the ADEA, it must interpret the “reasonable factor other than age” (RFOA) defense to protect older employees from …