Labor and Employment Law Commons^™

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits

City University of New York Law Review

No abstract provided.

Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief

Indonesia Law Review

Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …

Drug Testing/Use, Sandra Klein

Sandra S. Klein

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.

Employee/Employer, Sandra Klein

Sandra S. Klein

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

Confusing Clarity: The Pregnancy Discrimination Act After Young V. Ups, Inc., Jessica M. Bretl

Notre Dame Law Review Reflection

On March 25, 2015, the Supreme Court issued an opinion in Young v. UPS, Inc.—the most recent case in the Court’s pregnancy discrimination jurisprudence. Young focused on an interpretation of one clause of the Pregnancy Discrimination Act (PDA) and how that interpretation would shape claims of employment discrimination by pregnant employees seeking work accommodations. This Comment argues that the majority opinion in Young did not clarify, but only muddied the waters: the Young framework presents challenges for the lower courts tasked with applying the framework and creates uncertainty for future pregnancy discrimination litigation.

Part I of this Comment provides …

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.

If At First You Don't Succeed, Try, Try, Try Again: The Third Circuit Strikes Down Prevailing Wage Rule Once More In Comite De Apoyo A Los Trabajadores Agricolas V. Perez, Sara Moyer

Villanova Law Review

No abstract provided.

Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke

West Virginia Law Review

No abstract provided.

Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan

West Virginia Law Review

No abstract provided.

Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara

Pace Law Review

The story began nearly a century ago, when Congress enacted the Jones Act and effectively made “seamen the most generously treated personal injury victims in American law.” But defining a Jones Act seaman has not come easy, as it took the United States Supreme Court seventy five years to arrive at the modern seaman status test. This commentary examines the “tortured history” of the Jones Act, how qualification for the statute’s protections has evolved, the modern seaman status test, and the implications of the Fifth Circuit’s recent application thereof. Section II gives a brief history and explanation of maritime law …

Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel

Anne S. Emanuel

No abstract provided.

Employee Compensation And Related Expenses, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

Practical Problems In Employment Law: Flma Notices And The Not-So-Reliable Mailbox Rule, Gina E. Mcandrew

Villanova Law Review

No abstract provided.

Marital Status And Privilege, Laura Rosenbury

Laura A. Rosenbury

This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks to …

Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz

Seton Hall Circuit Review

No abstract provided.

Vets Just Want Fair Benefits, Patricia E. Roberts

Popular Media

No abstract provided.

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough

Alexander Colvin

[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee …

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough

Alexander Colvin

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a …

Reply Brief For Petitioner. Paske V. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs Lexis 3941, 2015 Wl 6748880, Eric Schnapper, Margaret A. Harris

Court Briefs

QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …

Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour

St. John's Law Review

(Excerpt)

This Note argues that this narrow interpretation of the statute is contrary to the intention and aim of Title VII and, in turn, should be interpreted more broadly. Part I of this Note gives a brief explanation of the meaning and purpose of Title VII's anti-retaliation provision. Part II focuses on some of the cases that have limited the application of the participation clause to employees who are involved in formal EEOC proceedings. In particular, it focuses on the most recent Second Circuit case, Townsend v. Benjamin Enterprises, Inc., to examine the dangers presented by such a limited …

Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Are Unions A Constitutional Anomaly?, Cynthia Estlund

Michigan Law Review

This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements. Its …

A Collective Good: Disability Diversity As A Value In Public Sector Collective Bargaining Agreements, Carrie Griffin Basas

St. John's Law Review

(Excerpt)

Part I of this Article explains why disability is a helpful lens and reviews the theoretical underpinnings of the roles of contracts, such as CBAs, in setting workplace dynamics and generating "informal laws." Part II describes the methodology used in this study of CBAs. Part III is a taxonomy of the models of disability-framing and workplace dynamics that the CBAs reflect. Part IV presents a new framework for envisioning how the corrective, civil rights vision of the Idealist model might transform workplaces for all workers-marginalized or empowered, public or private-and, therefore, transform labor and employment law. In other words, …

Work Wives, Laura A. Rosenbury

Laura A. Rosenbury

Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …