Workers’ Rights As Natural Human Rights, 2017 University of Miami Law School
Workers’ Rights As Natural Human Rights, Anne Marie Lofaso
University of Miami Law Review
We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in this together;” the other summed up by then-presidential candidate Trump, “I alone can fix it.” These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we’re-all-in-this-together view, whereas the Lochnerian or neo-liberal view tends to favor an individualistic world view.
The Article’s six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that ...
Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", 2017 University of Maine School of Law
Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian
Maine Law Review
Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First ...
Third Circuit Confirms The Class Arbitration "Clear And Unmistakable" Standard In Chesapeake Appalachia, Llc V. Scout Petroleum, Llc, Dealing A Blow To Consumers And Employees, 2017 Boston College Law School
Third Circuit Confirms The Class Arbitration "Clear And Unmistakable" Standard In Chesapeake Appalachia, Llc V. Scout Petroleum, Llc, Dealing A Blow To Consumers And Employees, Caitlin Toto
Boston College Law Review
Whether class action is available in an arbitration proceeding is a highly controversial topic with implications for all parties bound by such clauses. Due to the high stakes of class action arbitrability, it is essential that a neutral decisionmaker determine this question. Whether this decisionmaker is the court or the arbitrator, however, is contested and unresolved by the U.S. Supreme Court. Although undetermined by our highest court, the U.S. Court of Appeals for the Third Circuit has addressed this question. In Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, the Third Circuit affirmed that the availability of class arbitration ...
The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, 2017 Georgia State University
The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, Rwanda Smith, Sunmi Hirata, Monica Shen
Georgia State Undergraduate Research Conference
No abstract provided.
Fuhrmann V. Staples Office Superstore East, Inc.: A Split In The Law Court As To The Definition Of "Employer" Demonstrates The Need For Legislative Action To Amend The Maine Human Rights Act In Order To Protect Maine Employees, 2017 University of Maine School of Law
Fuhrmann V. Staples Office Superstore East, Inc.: A Split In The Law Court As To The Definition Of "Employer" Demonstrates The Need For Legislative Action To Amend The Maine Human Rights Act In Order To Protect Maine Employees, Stephen B. Segal
Maine Law Review
In Fuhrmann v. Staples Office Superstore East, Inc., Jamie Fuhrmann submitted a complaint to the Maine Human Rights Commission (Commission) against her former employer, Staples Office Superstore East, Inc. (Staples), and four of her individual supervisors. After the Commission granted her right to sue, she filed a complaint in court alleging whistleblower retaliation under the Whistleblowers’ Protection Act (WPA) and the Maine Human Rights Act (MHRA), as well as sex discrimination under the MHRA. The Superior Court granted Staples’ motion for summary judgment on all counts, and granted the four supervisors’ motions to dismiss on the grounds that individual supervisor ...
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, 2017 Pepperdine University
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau
Journal of the National Association of Administrative Law Judiciary
Whistleblowers have uncovered billions of dollars of fraud and severe national security threats. Nonetheless, for many years, federal employee whistleblowers faced retaliation and termination. Congress passed the Whistleblower Protection Act (WPA) in an attempt to protect federal employee whistleblowers. But, the exclusive court for WPA appeals, the Federal Circuit, ignored Congressional intent and limited the WPA’s protections. In 2013, Congress responded by creating a five year experiment, known as “all circuit review,” to determine if WPA claims should also be appealable to the regional circuits. Over the past three years, all circuit review has led to modest changes in ...
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, 2017 University of Maryland Francis King Carey School of Law
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese
No abstract provided.
Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, 2017 Boston College Law School
Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, Amelia M. Wirts
Boston College Law Review
Studies consistently show that African Americans face more employment scrutiny and negative employment actions than their white coworkers. Recognizing that much of the explicit racism of the twentieth century has given way to subtle and often unconscious discriminatory biases, this Note argues that current Title VII jurisprudence contains the tools and legal distinctions to provide legal redress for this implicit bias. Discriminatory intent, a requisite showing for plaintiffs bringing Title VII disparate treatment claims, should not be understood to require proof of a particular mental state. Instead, the current law should—and could—simply require that plaintiffs demonstrate a causal ...
Failing Cities And The Red Queen Phenomenon, 2017 Lewis & Clark Law School
Failing Cities And The Red Queen Phenomenon, Samir D. Parikh, Zhaochen He
Boston College Law Review
Cities and counties are failing. Unfunded liabilities for retirees’ healthcare benefits aggregate to more than $1 trillion. Pension systems are underfunded by as much as $4.4 trillion. Many local government capital structures ensure rising costs and declining revenues, the precursors to service-delivery insolvency. These governments are experiencing the Red Queen phenomenon. They have tried a dizzying number of remedies, but their dire situation persists unchanged. State legislatures have failed to respond. More specifically, many states have refused to implement meaningful debt restructuring mechanisms for local governments. They argue that giving cities and counties the power to potentially impair bond ...
Guacamole Is Extra But The Norovirus Comes Free: Implementing Paid Sick Days For American Workers, 2017 Boston College Law School
Guacamole Is Extra But The Norovirus Comes Free: Implementing Paid Sick Days For American Workers, Erin Garrity
Boston College Law Review
The 1993 Family and Medical Leave Act (“FMLA”) provides eligible workers with twelve weeks of unpaid leave. Because the FMLA excludes most short-term illnesses, workers suffering from the flu or similar illnesses still go to work while sick. This phenomenon, referred to as presenteeism, poses a risk to public health and reduces workplace productivity. Some states and cities have adopted paid sick time laws, but other states have adopted preemption laws prohibiting local paid sick time legislation. The Healthy Families Act (“HFA”), which proposes federally-mandated, employer-provided paid sick days for all employees in businesses of fifteen employees or more, would ...
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, 2017 Boston College Law School
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen
Boston College Law School Faculty Papers
In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...
The Future Of The Cadillac Tax, 2017 University of Kentucky
The Future Of The Cadillac Tax, Kathryn L. Moore
Kathryn L. Moore
The Affordable Care Act includes a 40 percent excise tax on high-cost employer-sponsored health care coverage. Often referred to as the “Cadillac tax,” this excise tax is one of the most controversial elements of the Affordable Care Act.
Currently scheduled to go into effect in 2020, the Cadillac tax poses serious challenges and uncertainty for employers. On the one hand, recent estimates suggest that the Cadillac tax may hit as many as 20 percent of employers with health care plans in 2020. On the other hand, there is a serious question as to whether the tax will be repealed before ...
Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017), 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017), Sydney Campau
Nevada Supreme Court Summaries
An employer challenged the validity of Nevada’s Minimum Wage Amendment (MWA). The Court held that (1) the MWA is not preempted by the NLRA, (2) the MWA is not preempted by ERISA, and (3) the MWA is not unconstitutionally vague. The Court declined to address factual issues related to the employer’s wage calculations.
P15. Family Status Discrimination: The Never-Ending Story, 2017 Western Law
P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi
Western Research Forum
The idea of work-life balance has received increasing attention from media, government, unions, and academics in recent years. This is due to the significant changes in the nature of the family and of roles within family. An interdisciplinary approach can explain the societal context that has prompted a rise in family status accommodation claims. Most notably, women have entered the paid workforce in unprecedented numbers and demographic shifts have created a growing need for eldercare.
Over the past two decades, divergent approaches to family status discrimination in the employment context have developed in Canada. The central dispute appears to be ...
Dinner For Two: Employer Mandate, Meet Erisa; How Dave & Buster’S Response To The Affordable Care Act’S Employer Mandate May Open The Door For Employees To Seek Erisa Relief, 2017 Pepperdine University
Dinner For Two: Employer Mandate, Meet Erisa; How Dave & Buster’S Response To The Affordable Care Act’S Employer Mandate May Open The Door For Employees To Seek Erisa Relief, Kendall Victoria Dacey
Pepperdine Law Review
When the Affordable Care Act (ACA) became law in late March, 2010, Dave & Buster’s (D&B) had a choice: it could either comply and offer its full-time employees the minimum health insurance coverage required by the new “employer mandate” or it could ignore the new requirements and incur a penalty. Dissatisfied with either option, D&B made the drastic decision to circumvent the ACA entirely, and reduced its full-time staff below the ACA’s employee threshold so as to avoid triggering any penalty or having to pay increased health care costs. However, by dodging the employer mandate, D&B ...
Law-And-Economics Approaches To Labour And Employment Law, 2017 Cornell Law School
Law-And-Economics Approaches To Labour And Employment Law, Stewart J. Schwab
Cornell Law Faculty Publications
This article describes the distinctive approaches that law and economics takes to labour and employment law. The article distinguishes between ‘economic analysis of law’ and ‘law and economics’, with the former applying economic models to generally simple legal rules while the latter blends messier institutional detail with legal and economic thought. The article describes three eras of law-and-economics scholarship, recognizing that economics teaches that markets work and markets fail. Era One emphasizes that labour laws and mandatory employment rules might reduce overall social welfare by preventing a benefit or term from going to the party that values it most highly ...
But See Kohlheim: The Third Circuit Muddies The Water On The Compensability Of Employee Meal Periods Under The Fair Labor Standards Act In Babcock V. Butler County, John A. Leblanc
Boston College Law Review
On November 24, 2015, the U.S. Court of Appeals for the Third Circuit, in Babcock v. Butler County, formally adopted the application of the predominant benefit test when determining if the Fair Labor Standards Act requires an hourly employee’s meal period to be compensated. In so doing, the court implicitly concluded that each circuit that previously addressed the issue adopted the predominant benefit test. This Comment argues that the Third Circuit mischaracterized the status of the law on which test the circuit courts apply by overlooking the Eleventh Circuit’s application of the relieved from all duties test.
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, 2017 Pace Energy & Climate Center
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Environmental Law Program Publications @ Haub Law
New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its ...
The New Old Legal Realism, 2017 Vanderbilt Law School
The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the ...
Corporate America And "The Perks" Of Being A Woman: Increasing Gender Diversity In Corporate Boardrooms, 2017 St. John's University School of Law
Corporate America And "The Perks" Of Being A Woman: Increasing Gender Diversity In Corporate Boardrooms, Enkelena Gjuka
Journal of Civil Rights and Economic Development
No abstract provided.