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Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman 2015 University of Florida Levin College of Law

Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman

Florida Law Review

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural right to terminate without notice—is neither historically supported nor legally correct. Employment at will, as originally expressed, was a mere duration presumption reflecting America’s rejection of the predominant British rule favoring one-year employment terms. While subsequent case law expanded the presumption in ...


Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague 2015 University of Wyoming

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing ...


Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons 2015 University of Georgia School of Law

Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons

Georgia Journal of International & Comparative Law

No abstract provided.


Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty McCoy 2015 The Catholic University of America, Columbus School of Law

Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy

Catholic University Law Review

This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision ...


Employee Beware! Employment Agreements And What The Technology Related Employee Should Know And Understand Before Signing That Agreement: A Practical Guide, Louis J. Papa 2015 Touro College Jacob D. Fuchsberg Law Center

Employee Beware! Employment Agreements And What The Technology Related Employee Should Know And Understand Before Signing That Agreement: A Practical Guide, Louis J. Papa

Touro Law Review

No abstract provided.


Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown JD, Ellen Bruce JD 2015 University of Massachusetts Boston

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.


Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein III 2015 Northeastern University

Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii

Edward C Klein III

Teachers’ unions, in their current form, truly took shape in the tumult of the 1960’s. Built upon the model of industrial unionism first codified in the private sector with the National Labor Relations Act of 1935, and later extended to the public sector through state law, teachers’ unions simultaneously embraced the language of the Civil Rights movement and the classic labor-management dichotomy. Thus, teachers’ unions have come to be a powerful influence on American public education for over 50 years, representing approximately three-quarters of all public school teachers today.

However, the direction of teacher’s unions has not always ...


Conciliare Vita E Lavoro. Verso Un Welfare Plurale, michele faioli 2015 Tor Vergata University

Conciliare Vita E Lavoro. Verso Un Welfare Plurale, Michele Faioli

Michele Faioli

La ricerca è volta a analizzare gli schemi di welfare privato nella dinamica della conciliazione vita/lavoro, mettendo in rilievo alcune inefficienze del sistema italiano, a livello pubblico nazionale e regionale. Anche mediante la comparazione con altri paesi europei, il team di ricerca propone la costituzione di un fondo bilaterale nazionale per l'erogazione di welfare privato in attuazione di modelli di conciliazione vita/lavoro (cd. FOPAC)


Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell 2015 SelectedWorks

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Julian Dibbell

When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...


Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird 2015 University of Georgia School of Law

Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird

Georgia Journal of International & Comparative Law

No abstract provided.


Viewpoint: Assessing The Legacy Of 'Pao V. Kleiner Perkins', Rachel A. Van Cleave 2015 Golden Gate University School of Law

Viewpoint: Assessing The Legacy Of 'Pao V. Kleiner Perkins', Rachel A. Van Cleave

Publications

Whether this is a landmark case depends on what the Pao case means for gender equality, and what it means for the culture of Silicon Valley. Some commentators claim that despite the jury finding against Pao, her lawsuit was a courageous act that will eventually advance gender equality in Silicon Valley.


Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova 2015 Cornell Law School

Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova

Robert C. Hockett

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


Diverse Mandates Regarding The Esop Diversification Requirement Following Fifth Third Bancorp V. Dudenhoeffer, Thomas V. Bohac Jr. 2015 Notre Dame Law School

Diverse Mandates Regarding The Esop Diversification Requirement Following Fifth Third Bancorp V. Dudenhoeffer, Thomas V. Bohac Jr.

Notre Dame Law Review Online

In Dudenhoeffer, the Court focused on the Employee Stock Ownership Plan (ESOP) as a retirement benefit plan. However, this is only one function of ESOPs. Viewed in terms of both the original intent of Congress and contemporary corporate finance, the ESOPs are designed to meet several goals, including the alignment of employee and employer interests to facilitate a wider base of capital ownership including the average employee. As the Court has lost sight of these fundamental goals, it has drifted into the fallacy of interpreting ESOPs principally as employee retirement accounts. This has led the Court to apply ERISA fiduciary ...


Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination, Christina O'Connell 2015 Fordham University School of Law

Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination, Christina O'Connell

Fordham Law Review

As the number of Americans with criminal histories grows significantly, states and cities across the nation have reacted by adopting ban-the-box laws. Ban-the-box laws received their name because they ban the criminal history box on initial hiring documents. The goal of the ban-the-box movement is to promote job opportunities for persons with criminal records by limiting when an employer can conduct a background check during the hiring process and encouraging employers to take a holistic approach when assessing an applicant's fit for a position.

There is no federal ban-the-box law, but states have taken varying approaches to adopting ban-the-box ...


'Depoliticizing' The National Labor Relations Board: Administrative Steps, Samuel Estreicher 2015 NYU School of Law

'Depoliticizing' The National Labor Relations Board: Administrative Steps, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

Complaints about the political forces arrayed against the basic labor laws and about the increasing "politicization" of the National Labor Relations Board are hardy perennials. The charge remains a constant, only those who level it differ depending on which party is in the White House. On the assumption that legislative change is not in the offing, what can the Labor Board on its own do to improve its reputation in Congress and in the courts and, at the same, enhance its effectiveness as the essential government agency to protect workers in dealings with their employers?


The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein 2015 University of Tennessee College of Law

The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein

Michigan Law Review

Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to ...


Griggs At Midlife, Deborah A. Widiss 2015 Indiana University Maurer School of Law

Griggs At Midlife, Deborah A. Widiss

Michigan Law Review

Not all Supreme Court cases have a midlife crisis. But it is fair to say that Griggs v. Duke Power Co., which recently turned forty, has some serious symptoms. Griggs established a foundational proposition of employment discrimination law known as disparate impact liability: policies that significantly disadvantage racial minority or female employees can violate federal employment discrimination law, even if there is no evidence that the employer “intended” to discriminate. Griggs is frequently described as one of the most important decisions of the civil rights era, compared to Brown v. Board of Education for its “momentous social consequences.” In 1989 ...


From Weight Checking To Wage Checking: Arming Workers To Combat Wage Theft, Matt Finkin 2015 University of Illinois College of Law

From Weight Checking To Wage Checking: Arming Workers To Combat Wage Theft, Matt Finkin

Indiana Law Journal

Wage theft refers to employer practices that result in employees taking home less than they are legally entitled to under federal and state law: paying below the legal minimum; not paying for time worked by having workers work “off the clock” before checking in, after clocking out, or by requiring work during unpaid break time; not paying for overtime work at the statutory overtime rate; for tipped employees, expropriating tips that should be the employee’s; or just not paying at all. In tandem with the massive shift in the economy from well-paid manufacturing jobs to low-wage service jobs, wage ...


The Cowboy Code Meets The Smash Mouth Truth: Meditations On Worker Incivility, Michael C. Duff 2015 University of Wyoming College of Law

The Cowboy Code Meets The Smash Mouth Truth: Meditations On Worker Incivility, Michael C. Duff

Michael C Duff

This symposium essay argues that workers must face up and wake up to the emerging real world of perpetual employment vulnerability. Clinging to the faith that those who govern us will abide by simple moral codes simply will not do in this world. Workers must resist forces promoting vulnerability and internalize a steely and clear-eyed ethic of self-defense in response to the smash mouth truth of this challenging new environment. Workers and dissidents must not shrink when their frank opposition to the status quo is cabined and marginalized as “incivility.” The law—and I focus in the essay on American ...


Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt 2015 University of Arkansas at Little Rock William H. Bowen School of Law

Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt

University of Arkansas at Little Rock Law Review

No abstract provided.


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