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Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz 2016 West Chester University of Pennsylvania

Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz

Sandra Tomkowicz

No abstract provided.


Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack 2016 West Chester University of Pennsylvania

Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack

Sandra Tomkowicz

No abstract provided.


Non-Compete Agreements Made After An At-Will Employee Has Commenced Employment: Toward A Good Faith Standard For The "Afterthought" Agreement, Michael J. Garrison, John T. Wendt 2016 University of St. Thomas, Minnesota

Non-Compete Agreements Made After An At-Will Employee Has Commenced Employment: Toward A Good Faith Standard For The "Afterthought" Agreement, Michael J. Garrison, John T. Wendt

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees, 2016 St. John's University School of Law

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.


A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof 2016 University of Michigan Law School

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications and Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the ...


Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas 2016 American University Washington College of Law

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.


Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar 2016 American University Washington College of Law

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar

Labor & Employment Law Forum

No abstract provided.


The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. DiMaria 2016 American University Washington College of Law

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.


Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft 2016 American University Washington College of Law

Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft

Labor & Employment Law Forum

No abstract provided.


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing 2016 University of Kentucky College of Law

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Allison Connelly

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing 2016 University of Kentucky College of Law

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Kathryn L. Moore

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll 2016 Duke Law

The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll

Duke Law & Technology Review

On December 11th, 2014, in a much-anticipated case, the National Labor Relations Board (“NLRB”) held in a 3-2 decision that employees with access to an employer’s email system had a presumptive right to use that email system during non-working time under Section 7 of the National Labor Relations Act (“NLRA”). In an attempt to adapt to the “changing patterns of industrial life,” the NLRB reversed a seven-year precedent by overturning In re Guard Publ'g Co., 351 N.L.R.B. 1110 (2007), and thereby gave employees the statutory right to use employer email systems for non-business purposes. This ...


Better Work And Global Governance, Paul Alois 2016 Graduate Center, City University of New York

Better Work And Global Governance, Paul Alois

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield 2016 Villanova University Charles Widger School of Law

She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield

Villanova Law Review

No abstract provided.


Show Me The Money: On Whether Car Dealership Service Advisors Are Entitled To Or Exempt From Overtime Pay Under The Flsa, Seth Andrew Yarkony 2016 University of Notre Dame Law School

Show Me The Money: On Whether Car Dealership Service Advisors Are Entitled To Or Exempt From Overtime Pay Under The Flsa, Seth Andrew Yarkony

Notre Dame Law Review

This Note analyzes the merits of the Encino Motorcars, Deel Motors, and Greenbrier Ford decisions in light of the text and legislative history of the Dealership Employee Exemption and Christopher v. SmithKline Beecham Corp. Part I summarizes the Exemption, the DOL Dealership Regulation interpreting the Exemption, and the decisions whether to defer to the DOL Dealership Regulation by the Encino Motorcars, Deel Motors, and Greenbrier Ford courts. Part II analyzes the text and legislative history of the Exemption, and concludes that the DOL Dealership Regulation should not be afforded Chevron deference because it is manifestly contrary to the Exemption. Part ...


Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan McGee 2016 Villanova University Charles Widger School of Law

Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan Mcgee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri 2016 Brooklyn Law School

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.


Building Labor's Constitution, Kate Andrias 2016 University of Michigan Law School

Building Labor's Constitution, Kate Andrias

Articles

Part I outlines the arguments for constitutional labor rights advanced by scholars but currently unused by worker movements. Part II elaborates the claim that contemporary worker movements are not invoking the Constitution. Part III argues that the movements’ relationship to courts and court-derived constitutional law helps explain the silence. Part IV concludes by sketching how the actual practice of today’s worker movements supports an alternative way of approaching the construction of an “anti-oligarchy” Constitution.


Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart 2016 University of St. Thomas, Minnesota

Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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