Labor and Employment Law Commons^™

Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

To encourage employment for individuals with disabilities, the Social Security Administration (SSA) offers special provisions that limit the impact of work on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These provisions are called work incentives and include the Plan to Achieve Self-Support (PASS), Impairment-Related Work Expenses (IRWE), and Blind Work Expenses (BWE).

The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Case Studies Of Local Boards And One-Stop Centers: Creative Involvement Of Community-Based Disability Organizations At One-Stop Career Centers, Jaimie Ciulla Timmons, Heike Boeltzig

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) facilitates partnerships among organizations for more coordinated service delivery to all job seekers. Although the state Vocational Rehabilitation (VR) agency is the only disability agency or program that is a mandated partner under WIA, community-based disability organizations (CBOs) can also work with One-Stop Career Centers to enhance their capacity to support customers with disabilities. Through case study research, the Institute for Community Inclusion identified several models of involvement between CBOs and One-Stops. These models illustrate that organizations can be creative in developing their partner roles to meet the needs of both their staff and their …

Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

Since states began implementing the Workforce Investment Act (WIA) of 1998, One-Stop Career Centers have had to address the challenges of serving all customers seeking services, including job seekers with disabilities. To meet this challenge, many local One-Stops have demonstrated commitment to and progress towards creating innovative practices that positively affect access for job seekers with disabilities in the workforce system. The following brief is offered as a tool for local workforce systems to help achieve meaningful employment outcomes for job seekers with disabilities. This brief is part of a series of products offering practical solutions for Local Workforce Investment …

Case Studies Of Local Boards And One-Stop Centers: Tackling Fiscal Issues, Heike Boeltzig, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act of 1998 (WIA) established a network of One-Stop Career Centers by integrating different employment and training services into one comprehensive workforce investment system. Within this environment, One-Stop partners are mandated to collaborate to create a seamless service delivery system that enhances access to services and improves employment outcomes for all individuals, including those with disabilities. WIA's intent was to establish local workforce development systems that would respond to their areas' specific needs with unique solutions and creative partnerships. In addition to service delivery, WIA encourages One-Stop partners to share in the operating costs of the One-Stop …

Case Studies Of Local Boards And One-Stop Centers: Levels Of Involvement Of State Vr Agencies With Other One-Stop Partners, Sheila Fesko, Doris Hamner

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) emphasizes coordination and collaboration for better service delivery between state departments of Vocational Rehabilitation (VR) and other One-Stop partners. Although WIA's requirements for VR participation are clear, the parameters of this partnership are flexible and depend on a variety of factors within each state and local system. Defining the role of VR has had its challenges, as is the case for many partners in the WIA system. However, there are numerous examples of VR agencies working creatively to establish effective partnerships that positively influence services for job seekers with disabilities in the One-Stop system. The …

Case Studies Of Local Boards And One-Stop Centers: Underutilization Of One-Stops By People With Significant Disabilities, Doris Hamner, Jaimie Ciulla Timmons

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) identifies individuals with disabilities as among the constituencies to be served by One-Stop Career Centers. Due to a variety of factors, including lack of an overall One-Stop data collection system, no clear way to identify disability in the system, and non-disclosure of disability by many customers, it is difficult to ascertain the exact level of One-Stop usage by people with disabilities. However, existing data sources and anecdotal evidence indicate that people with disabilities underutilize One-Stops. The number of people with disabilities that use One-Stops seems to be lower than what would be expected based on …

Going Home To Stay: A Review Of Collateral Consequences Of Conviction, Post-Incarceration Employment, And Recidivism In Ohio, Marlaina Freisthler, Mark A. Godsey

Faculty Articles and Other Publications

Currently, Ohio's legislative and administrative schemes dealing with employment are unduly punitive toward convicted felons. This article suggests an alternative approach to achieve the same legitimate purposes that the current scheme purports to serve. The first part of the article is a general discussion of collateral consequences. The second part discusses the manner in which collateral consequences can be imposed to achieve inappropriate results and describes the ABA's recent Criminal Justice Standards on collateral consequences as a method to avoid inappropriate results. The third part evaluates Ohio's efforts to return prisoners to communities following conviction and the effect that current …

The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh

Faculty Articles and Other Publications

Empty Vessel explores both the positive and normative questions of what the contractually implied obligation of good faith does and should require of contracting parties. The Article attempts to assess and evaluate the ways in which courts are currently employing the good faith doctrine in contract disputes, as part of a larger project whose goal is to re-conceive and reinvigorate the private law doctrine of good faith as one that might assist in effecting the public law norm of equality. Empty Vessel identifies two dominant theoretical approaches to how to define good faith, which I refer to as the fairness …

Superimposing Title Vii's Adverse Action Requirement On First Amendment Retaliation Claims: A Chilling Prospect For Government Employee Speech, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Reports, Awards And Opinions 2005-2006-1, 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 Entergy Nuclear Operations, Incorporated and the United States Postal Union, among others.

Reports, Awards And Opinions 2005-2006-2, 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 Grand Central Partnership, Narraganseit Electric Company, and Verizon Information Services, among others.

Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss

Faculty Scholarship

I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Internal Revenue Service’S Proposed Phased Retirement Regulations: Summary Of Comments, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Eligibility For Medical Leave Under The Fmla, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits eligible workers to take up to 12 weeks per year of unpaid leave for medical reasons—either their own or those of an immediate family member. In the case of personal medical leave, an employee is entitled to leave for medical conditions that constitute “serious health conditions” and that make an employee unable to perform the functions of his or her position. The FMLA statute defines “serious health condition” as: “an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.” …

The New Discrimination Law: Price Waterhouse Is Dead, Whither Mcdonnell Douglas?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.

Disparate Impact Of Negative Impact: Future Of Non-Intentional Discrimination Claims Brought By The Elderly, Sandra F. Sperino

Faculty Articles and Other Publications

In 2005, the U.S. Supreme Court interpreted the Age Discrimination in Employment Act (ADEA) as permitting plaintiffs to proceed under a disparate impact theory of discrimination. This decision affirms that plaintiffs who are at least forty years old may challenge employment decisions resulting from policies that are neutral on their face but have a disproportionate impact on individuals in the protected class.

Although this decision was heralded as a new tool to fight age discrimination in employment, Professor Sperino argues that the decision will have serious and detrimental effects on the ability of elderly employees to seek redress for unfavorable …

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Faculty Publications

(Excerpt)

Last year I was invited to an undergraduate revival of the musical "How to Succeed in Business Without Really Trying," a comedy about the workplace, which I thought, as a teacher of employment law, I would enjoy. Written in the early 1960s and made into a 1967 movie, "How to Succeed" follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. Although ostensibly a humorous look at the corporate world of the late 1950s and early '60s, I found myself cringing throughout the …

Foreword, Theodore J. St. Antoine

Other Publications

Specialists in any field have a vested interest in their mastery of the subject. Expertise, after all, is their stock in trade. Assaults on the conventional wisdom can be unnerving if not discrediting. In the pages that follow, such an experience awaits all conscientious readers with a labor background who dare to expose themselves to Professor Charles Morris's provocative, iconoclastic, and ultimately persuasive arguments. He insists that a half-century of American labor law thinking has gone astray in failing to recognize the duty of an employer to bargain with a labor union representing less than a majority of the firm's …

A Question Of Fairness: The Proper Standard Of Review Of School Board Just And Reasonable Cause Determinations In Teacher Termination Proceedings In Idaho, John E. Rumel

Articles

No abstract provided.

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

Faculty Scholarship

No abstract provided.

After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge

Articles & Book Chapters

This article sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept of citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour law, and how the processes of feminization, deregulation, and globalization have challenged it as a normative ideal and undermined the conditions that have sustained it. The article concludes by considering two scenarios for industrial citizenship in the future: one in which the substance of citizenship is circumscribed by …

The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii

Law Faculty Publications

The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …

Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …