Labor and Employment Law Commons^™

The False Claims Act Creates A 'Zone Of Protection' That Bars Suits Against Employees Who Report Fraud Against The Government, Joel D. Hesch

Joel D. Hesch

May employees copy internal company documents and turn them over to the U.S. Department of Justice as part of applying for a whistleblower reward for reporting fraud against the Government? This is one of the most hotly contested issues facing whistleblowers and employers, and the answer will affect the future of the Government’s primary whistleblower reward program.

Each year, companies are cheating the military and Medicare by billions of dollars. To combat fraud, Congress enacted the federal False Claims Act (FCA), which is the primary anti-fraud tool used by the Department of Justice (DOJ) and the fastest growing ...

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Scholarly Works

Collective bargaining by public sector employees has been the subject of recent heated debates in the state legislatures of Wisconsin, Michigan, Ohio, and Indiana. The right of public sector employees to freedom of association, collective bargaining, and the right to participate in politics are among the “citizenship rights” of public employees. In many states, however, the citizenship rights of public employees are under threat both in state legislatures and in the courts. Paradoxically, the ability of public sector employees to change legislation has been hampered over the years by Supreme Court decisions, making it more difficult to organize politically by ...

The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown

Seattle Journal for Social Justice

No abstract provided.

Why Workers Still Need A Collective Voice In The Era Of Norms And Mandates, Cynthia L. Estlund

New York University Law and Economics Working Papers

The drastic decline of union representation in the U.S. has opened up a large and by now familiar ‘representation gap’ in the workplace. Different workers prefer different forms of representation: Many want independent union representation, a choice that is formally available but difficult to secure in the face of management opposition; others want a more cooperative form of collective representation that is unlawful under federal labor law. But the vast majority of workers wants some form of collective representation, and does not have it. On some accounts, workers no longer need collective representation because their interests are adequately protected ...

Will Workers Have A Voice In China's "Socialist Market Economy"? The Curious Revival Of The Workers Congress System, Cynthia L. Estlund

New York University Law and Economics Working Papers

China -- like most of the developed world, and unlike the U.S. -- maintains officially sanctioned institutions beyond the trade unions through which workers are represented within the workplace. The Staff and Worker Representative Congresses (SWRCs) were meant to enable workers to exercise their authority as “masters of the enterprise” in the planned economy. With the liberalization and opening of China's economy, the SWRCs’ role was radically curtailed in the “corporatized” state sector, and largely absent in the growing non-state sector. More recently, however, the SWRCs appear to be experiencing a modest revival. Following the organization of official trade union ...

Freedom Of Association And The Right To Contest: Getting Back To Basics, Alan Bogg, Cynthia L. Estlund

New York University Public Law and Legal Theory Working Papers

As worker participation through trade unions has declined across much of the developed world, especially in the US, the UK and Canada, scholars and activists have turned to the concept of "freedom of association" (FOA) -- defined in international labour law as the fundamental right of workers to form and join trade unions of their own choosing -- as a basis for reclaiming a voice for workers in economic governance. Much of this work pursues what we call a strategy of ascent: to what extent does the existing FOA as defined in international and national labour law encompass constitutionalised rights to collective ...

Why Workers Still Need A Collective Voice In The Era Of Norms And Mandates, Cynthia L. Estlund

New York University Public Law and Legal Theory Working Papers

The drastic decline of union representation in the U.S. has opened up a large and by now familiar ‘representation gap’ in the workplace. Different workers prefer different forms of representation: Many want independent union representation, a choice that is formally available but difficult to secure in the face of management opposition; others want a more cooperative form of collective representation that is unlawful under federal labor law. But the vast majority of workers wants some form of collective representation, and does not have it. On some accounts, workers no longer need collective representation because their interests are adequately protected ...

The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali

Seattle University Law Review

On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive ...

U.S. Trade Policy: Increased Emphasis On Worker Rights, Marisa Anne Pagnattaro

Georgia Journal of International & Comparative Law

No abstract provided.

How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes

New York University Law and Economics Working Papers

This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective policy. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and practice. As social science, BLE offers hope that better understanding of actual human behavior will provide a sounder foundation for the design of regulation. As politics, BLE offers a possible political consensus built around minimalist forms of government action commonly known as nudges that preserve freedom of choice. But these two seductive dimensions of ...

Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.

Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin

Martin H. Malin

No abstract provided.

Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah

Publications

After nearly 75 years of exclusion from federal and state labor protections, domestic workers have finally scored two important victories in their fight for equal treatment. Late last week, Governor Brown signed AB 241, extending California overtime protections to domestic workers who spend a significant amount of time caring for children, elderly and people with disabilities. One week earlier the federal Department of Labor finalized new rules that significantly extend federal minimum wage and overtime protections to domestic workers who care for the elderly and people with disabilities. Together, these actions extend overtime coverage to all domestic workers in California.

Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss

Boston College Law Review

The increasing use of social media sites like Facebook, Twitter, and Myspace in social interactions has led to a corresponding increase in the use of social media evidence in litigation. Social media sites provide attorneys with easily accessible, up-to-date information about individuals, making such sites highly desirable sources of evidence. Although recent case law indicates that social media evidence is largely discoverable and often admissible, allowing broad discovery of social media evidence in sexual harassment cases could be highly problematic for plaintiffs because it often produces irrelevant and prejudicial evidence that only serves to embarrass plaintiffs and dissuade them from ...

Ggu Law Clinics 20th Anniversary Celebration, Rachel A. Van Cleave, Hon. Thelton E. Henderson, Wahleah Johns, Hon. Donna M. Ryu, Helen H. Kang, Hina B. Shah

GGU Law Clinics 20th Anniversary Celebration

Please see the list of 20th Anniversary Donors attached.

Freedom Of Contracts, Hanoch Dagan, Michael Heller

Tel Aviv University Law Faculty Papers

“Freedom of contracts” has two components: (1) the familiar freedom to bargain for terms within a contract and (2) the long-neglected freedom to choose from among contract types. Theories built on the first freedom have reached an impasse; attention to the second points toward a long-elusive goal, a liberal and general theory of contract law. This theory is liberal because it develops an appealing conception of contractual autonomy grounded in the actual diversity of contract types. It is general because it explains how contract values – utility, community, and autonomy – properly relate to each other across contract types. Finally, it is ...

Public Pensions And Debt In The State Of Maine, Ryan Knaus

Muskie School Capstones

Maine has taken important steps in recent years to reduce indebtedness and adequately fund their Public Employee Pension System (MainePERS), and is well-positioned relative to other U.S. states. The challenge for the State is to continue financing MainePERS and existing UALs with the same commitment, diligence and prudence.

Overruling Precedent: "A Derelict In The Stream Of The Law", Michael H. Leroy

Michael H LeRoy

Will the Supreme Court overrule Hoffman Plastic Compounds v. N.L.R.B., 535 U.S. 137 (2002), its precedent that treats unlawful alien workers as criminals and denies them backpay for a violation of a labor law? More generally, what are the statistical indicators of a precedent that the Supreme Court overrules— and how well does Hoffman Plastic fit that profile? To answer these research questions, I analyze two unique databases— 128 federal and state rulings from 2002-2012 that involved Hoffman Plastic’s remedy issue, and a sample of 154 Supreme Court pairings of an overruled precedent, and the ...

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the ...

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling ...