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Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle 2018 American University Washington College of Law

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle

Susan D. Carle

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...


Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones 2018 Northwestern University School of Law

Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones

Northwestern University Law Review

Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay “fair share” or “agency” fees. In public unions—when the employer is the government—this arrangement creates tension between two important values: the First Amendment’s protection against compelled expression and the collective benefits of worker representation. When confronted with this tension forty years ago in Abood v. Detroit Board of Education, the Supreme Court ...


The Case For Tipping And Unrestricted Tip-Pooling: Promoting Intrafirm Cooperation, Samuel Estreicher, Jonathan Remy Nash 2018 New York University School of Law

The Case For Tipping And Unrestricted Tip-Pooling: Promoting Intrafirm Cooperation, Samuel Estreicher, Jonathan Remy Nash

Boston College Law Review

No law in the United States requires or prohibits customers from tipping employees for satisfactory service. Tip income is typically regarded as belonging to employees and may not be appropriated by the employer. Tipping is a widespread phenomenon in certain settings–restaurants, hotels, and gambling casinos. It is a form of performance-based variable compensation that is generally not found elsewhere in this country, where employees generally prefer fixed incomes over a defined period. As a general matter, our laws allow tipping but regulate the sharing of tip income among employees. In the restaurant setting, tip-pooling occurs when tips received by ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Frank J. Garcia

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg 2018 Nova Southeastern University

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the ...


Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page 2018 University of Rhode Island

Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page

Journal of Collective Bargaining in the Academy

ABSTRACT

As state funding to community colleges has fluctuated, many community colleges have hired more adjunct faculty (Desrochers & Hurlburt, 2014).

This qualitative research explored supplemental benefits, which could be included in adjunct faculty contracts with community colleges in order to promote workplace satisfaction, without causing stress on budgets. Adjunct faculty who realize greater job satisfaction are more beneficial to their institutions because they promote student learning and retention (CCCSE, 2014b; Hollenshead, 2010; Jacoby, 2006).

The descriptive study included three phases: record reviews, interviews with key informants and elite informants, and a reflective questionnaire. New England was selected as the research site because all six states have or are developing statewide contracts for adjunct faculty. For the record reviews, existing contracts were examined (N = 5); for the key informant interviews, community college presidents and a vice president (N = 4) and adjunct faculty representatives (N = 4) were consulted; and for the elite interviews and ...


The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert 2018 Hunter College, City University of New York

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty ...


Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams 2018 Georgia State University College of Law

Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams

Georgia State University Law Review

The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.


Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson 2018 Cornell University

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which ...


From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson 2018 Cornell University

From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson

Shannon Gleeson

This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions ...


Decriminalization Of Prostitution: The Soros Effect, Jody Raphael 2018 University of Rhode Island

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full ...


Unmarked? Criminal Record Clearing And Employment Outcomes, Jeffrey Selbin, Justin McCrary, Joshua Epstein 2018 Northwestern University School of Law

Unmarked? Criminal Record Clearing And Employment Outcomes, Jeffrey Selbin, Justin Mccrary, Joshua Epstein

Journal of Criminal Law and Criminology

An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively lowlevel misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and other opportunities. Harvard sociologist Devah Pager describes people with criminal records as “marked” with a negative job credential. In response to this problem, lawyers have launched unmarking programs to help people take advantage of legal record clearing remedies. We studied a random sample of participants in one such ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Principles Of Employment Law, Ann C. Hodges 2018 University of Richmond

Principles Of Employment Law, Ann C. Hodges

Law Faculty Publications

This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Chapter 6 examines workplace health and safety. Finally ...


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose 2018 Dare To Tell

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Bermuda: Public Health Insurance, Maxwell Mead 2018 Augustana College, Rock Island Illinois

Bermuda: Public Health Insurance, Maxwell Mead

Global Public Health

Bermuda, a British island territory located in the remote North Atlantic, remains a serviceable country to its citizens. However, it still lacks a national healthcare system: marking it as a difficult country to live in. Despite acknowledging this issue, Bermudan officials have made few attempts to fix the problem. This, in turn, has made Bermuda the highest annual spender on health per capita in the world at $11,952. As such, the cost of living is rather high in Bermuda, sitting at a full 94.86% higher than the cost of living in the United States. All of this makes ...


Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano, Angela Maria Glaviano 2017 University of New Orleans

Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano, Angela Maria Glaviano

University of New Orleans Theses and Dissertations

No abstract provided.


Neville, Jr. Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), Anna Sichting 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Neville, Jr. Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court clarified that NRS 608.140 allows for private causes of action for unpaid wages based on the language discussing attorney fees in a private cause of action.


Caring For Workers, Martha T. McCluskey 2017 University of Maine School of Law

Caring For Workers, Martha T. Mccluskey

Maine Law Review

This essay examines the question of conflict between market work and family care from the angle of family caretaking labor for workers rather than for dependents. Feminist legal scholars and activists have been concerned for generations about the effect of women's unpaid caretaking work on women's participation and success in the wage labor market. Better public support for this gendered family care work is crucial to many leading visions of feminist legal and economic change. Recent welfare reforms, however, have increased the extent to which public policy treats caretaking instead as a personal responsibility (or a sign of ...


Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn 2017 University of Maine School of Law

Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn

Maine Law Review

Contemporary social policy relating to women's employment remains strikingly ambivalent. Those in favor of traditional family structures, a position that is generally associated with conservative political agendas, have often expressed a preference for a family model that emphasizes the woman's role as a homemaker, or to use the more recent term, a caretaker. At the same time, as the 1996 Welfare Reform Act demonstrates, if the choice is between providing financial support that would enable lower-income women to stay in the home and forcing those women into the labor market, the conservative agenda will opt for the latter ...


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