Labor and Employment Law Commons^™

Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

A Universal Fully-Funded Pension Scheme, Lok Sang Ho

Centre for Public Policy Studies : CPPS Working Paper Series

No abstract provided.

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.

By the time the International Labor Organization responded to complaints that the convention was …

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

Scholarly Works

Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …

Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii

Scholarly Works

This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million …

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

Reports, Awards, And Opinions 1996-1997-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Boston Gas Company, General Electric Company, and New York Bus Service, among others.

Vicarious And Personal Liability For Employment Discrimination, Rebecca H. White

Scholarly Works

This Article addresses the issues of vicarious and personal liability for employment discrimination as a coherent whole. Part II examines the prevailing view on an employer's vicarious liability for employment discrimination under Title VII, the ADEA, and the ADA. Part II further discusses the exception to vicarious liability that has developed in hostile work environment cases and examines the justifications advanced for that exception. My point here is not so much to debate whether such an exception should exist but to determine whether the arguments against vicarious liability in hostile work environment cases justifiably can be limited to that context. …

The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover

Faculty Publications

No abstract provided.

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

A Tale Of Two Opinions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

Privacy Rights, Public Policy, And The Employment Relationship, Pauline Kim

Scholarship@WashULaw

Two well-established common law doctrines increasingly are coming into conflict. The first protects individuals from unreasonable intrusions on their privacy. The second authorizes an employer to fire its employees at will, unless a clear agreement exists to the contrary. As employees have begun to assert their common law right of privacy' in the workplace, their claims have collided headlong with the doctrine of employment at will.

Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh

Faculty Scholarship

Women's unpaid domestic labor produces tremendous economic value. In the United States, women spend more of their productive work hours in unpaid labor than in paid labor, and the credible estimates of the economic value of unpaid labor range from the equivalent of 24% to 60% of the U.S. Gross Domestic Product ("GDP"). Given its economic value and its significant role in the working lives of women, it is surprising that the topic of home labor has received no systematic examination by legal scholars. This Article undertakes such an examination. It concludes that a wide range of legal doctrines treat …

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …

Journalists As Professionals: Rethinking The Professional Exemption Under The Fair Labor Standards Act, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This Article examines the question of whether journalists in the print or electronic media are professionals and hence exempt from coverage under the Fair Labor Standards Act of 1938 ("FLSA") or whether they are wage earners and therefore covered by the FLSA. Department of Labor regulations are unclear as to the status of journalists under the FLSA; they recognize that journalists may qualify as professionals but appear to state that most journalists are covered by the FLSA. Those regulations, however, are seriously outdated and out of touch with the modem world of journalism. Promulgated when television was in its …

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann

Faculty Scholarship

The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …

Guilty Knowledge, Daniel S. Kleinberger

Faculty Scholarship

Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …

Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote

Articles

This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …