Labor and Employment Law Commons™
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Recent Articles in Labor and Employment Law
Rights Of Belonging For Women, Rebecca E. Zietlow
Maurer School of Law: Indiana University
Rights Of Belonging For Women, Rebecca E. Zietlow
Indiana Journal of Law and Social Equality
No abstract provided.
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael McGuinness
Touro College Jacob D. Fuchsberg Law Center
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness
Touro Law Review
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Maurer School of Law: Indiana University
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
NELLCO
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
New York University Public Law and Legal Theory Working Papers
Commentators have long debated the merits of the United States’ "at-will" rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require "cause" for most dismissals.
Although other countries’ cause regimes differ significantly from the U.S. on paper, this Article addresses whether those differences in normative law also reflect differences in employees’ protection against wrongful termination in reality. The existing literature on ...
Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute for Community Inclusion, University of Massachusetts Boston
University of Massachusetts Boston
Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston
Office of Community Partnerships Posters
A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University of Massachusetts Boston
University of Massachusetts Boston
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston
Office of Community Partnerships Posters
The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time public ...
Labor And Commercial Arbitration: The Court’S Misguided Merger, Allison Anderson
Boston College Law School
Labor And Commercial Arbitration: The Court’S Misguided Merger, Allison Anderson
Boston College Law Review
In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) preempts state contract laws that interfere with the goals of the Act, including the defense that an arbitration agreement is unconscionable. This decision was hardly surprising despite its significant effect on consumers and employees. Since the 1980s the Court has continually expanded the FAA, the statute governing commercial arbitration. The Court has justified this expansion by comparing the FAA to section 301 of the Labor Management Relations Act, a comparable statute requiring courts to defer to labor ...
Opportunism And Trade Law Revisited: The Pseudo-Constitution Of The Wto, Sara Dillon
Boston College Law School
Opportunism And Trade Law Revisited: The Pseudo-Constitution Of The Wto, Sara Dillon
Boston College Law Review
The constitutionalization of the world trade system has elevated it in legal thinking and given it a false aura of permanency and immutability. The debate among legal academics on this has centered on the technical aspects of trade disputes rather than on the critical issue of the normative nature and effects of the system on those most affected— workers. The opportunistic actors who successfully argued for the creation and constitutionalization of the system have managed to relegate the debate about its continuing benefits to the side. They have benefited from legal scholars’ failure to adequately evaluate and analyze the real ...
A Long Way From Home: Restrictions On Federal Funding Of Abortions For Peace Corps Volunteers, Eliza T. Murray
Boston College Law School
A Long Way From Home: Restrictions On Federal Funding Of Abortions For Peace Corps Volunteers, Eliza T. Murray
Boston College Journal of Law & Social Justice
Since 1979, Congress has prohibited the Peace Corps from funding Volunteer abortions even in cases of rape, incest, or endangerment of the Volunteer’s life. This approach directly contrasts with domestic abortion policies, such as Medicaid and those in federal prisons, which contain funding exceptions in these dire circumstances. Affording female Peace Corps Volunteers the same rights enjoyed by other federal employees who receive health care from the government should be uncontroversial. Domestic appropriations politics, however, cloud the focus of this policy, which should be Volunteer health and safety, and thwart efforts for legislative change. Meanwhile, Female Volunteers risk their ...
Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall
Pepperdine University
Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall
Pepperdine Law Review
Social media is an increasingly powerful platform for expression. In late 2009, the National Labor Relations Board began to address the extent to which unionized employees could make disparaging comments about their employers on social media websites. To date, the Board has persisted in treating Internet communications the same as traditional, face-to-face interactions between employees. Additionally, the Board continues to apply dated precedent to current social media cases. This Comment argues that the Board's present approach is inadequate to address the distinct qualities of social media and sets forth recommendations for alternate ways to evaluate employee speech.
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
University of Maryland Francis King Carey School of Law
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
University of Maryland Francis King Carey School of Law
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Francis King Carey School of Law
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
University of Maryland Francis King Carey School of Law
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
University of Maryland Francis King Carey School of Law
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
University of Maryland Francis King Carey School of Law
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Francis King Carey School of Law
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
University of Maryland Francis King Carey School of Law
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Foreword, Margaret E. Johnson
University of Maryland Francis King Carey School of Law
Foreword, Margaret E. Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes
University of Maryland Francis King Carey School of Law
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
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Cornell University ILR School
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Popular Articles
The Law At Work: What You Need To Know About Your Rights
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Unemployment, Welfare, And Social Security Disability/Ssi Benefits: How They Affect One Another, Raymond Cebula, Kevin Liebkemann
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover, Susan Grover
The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh
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