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Full-Text Articles in Labor and Employment Law
At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine
At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine
Other Publications
The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Michigan Journal of International Law
This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.
Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine
Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine
Reviews
For almost a quarter century following the great tide of New Deal social legislation, the federal government largely refrained from further efforts at direct regulation of the workplace. But certain intractable problems, like job safety, pension fund abuses, and race and sex discrimination in employment, kindled interest in additional federal controls. The result was a second wave of federal laws governing the employer-employee relationship - Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA) of 1970, and the Employee Retirement Income Security Act (ERISA) of 1974. Only the boldest scholars would attempt to …