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Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios and In-House Papers

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger 2020 University of Oklahoma College of Law

Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger

Oklahoma Law Review

No abstract provided.


Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn 2020 Osgoode Hall Law School of York University

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

All Papers

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process ...


Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges 2020 Concordia University - Portland

Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges

Faculty Scholarship

At the heart of national debate in recent years is the balance between religious liberty and anti-discrimination interests. The Supreme Court’s recent Free Speech and Establishment Clause decisions in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019) push the pendulum in this debate towards greater protection of religious liberties, and signal the Court’s preference for context-specific tests for how the Establishment Clause will interact with the broader range of interests protected by the Free Exercise Clause. These cases are especially significant ...


The General Knowledge, Skill, And Experience Paradox, Camilla A. Hrdy 2019 University of Akron School of Law

The General Knowledge, Skill, And Experience Paradox, Camilla A. Hrdy

Boston College Law Review

Can employers use trade secret law to prevent employees from using knowledge and skills they acquired on the job? Courts in all fifty states say no—an employee’s general knowledge, skill, and experience cannot be protected as a trade secret. Yet a benchmark principle of trade secret law is that employers can share trade secrets with employees so long as they take reasonable measures to preserve the information’s secrecy. The result is a paradox that runs to the heart of trade secret law: employers are encouraged to communicate trade secrets to employees, but this information loses protection if ...


Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie 2019 Allard School of Law at the University of British Columbia

Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie

Faculty Publications

Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature ...


Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill 2019 Cleveland-Marshall College of Law, Cleveland State University

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Kevin F. O'Neill

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.


Privacy In The Workplace: Are Collective Bargaining Agreements A Place To Start Formulating More Uniform Standards?, Karin Mika 2019 Cleveland State University

Privacy In The Workplace: Are Collective Bargaining Agreements A Place To Start Formulating More Uniform Standards?, Karin Mika

Karin Mika

This paper discusses ambiguities related to laws in employee privacy and posits that this is problematic for both employers and employees. The article discusses how private employers have almost no restrictions when it comes to employee monitoring, especially when there is an announced (albeit vague) policy. The article then suggests that unions have at least some negotiating power in terms of setting standards for when an employee may be disciplined and thus, labor unions have at least a modicum of power in negotiating clear rules regarding employee monitoring. The paper further suggests that clear policies aren't a bad thing ...


Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr. 2019 University of Pennsylvania

Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

Mariano-Florentino Cuéllar, Margaret Levi, and Barry R. Weingast’s excellent essay, Twentieth Century America as a Developing Country, Conflict, Institutional Change and the Evolution of Public Law, celebrates the period during which the National Labor Relations Act facilitated the peaceful resolution of labor disputes and improved the working conditions of American workers. These distinguished authors make a strong case for the essentiality of law in regulating labor relations and the importance of national culture in providing a solid context for the emergence of legal regimes facilitating economic growth and equality. This reply to their essay explores how the New Deal ...


Columbia Business Law Review Spring Symposium 2000 Issue (Introduction), Doron M. Kalir 2019 Cleveland-Marshall College of Law, Cleveland State University

Columbia Business Law Review Spring Symposium 2000 Issue (Introduction), Doron M. Kalir

Doron M Kalir

This is the Introduction to Spring Symposium Issue. On March 28, 2000, the Columbia Business Law Review hosted its Spring Symposium entitled "The Changing Workplace in the New Millennium." The symposium, which brought together legal scholars and thinkers from around the country, sought to address many current labor and employment law issues, as well as some which are likely to arise in the years to come


Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe 2019 Pepperdine University

Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe

The Journal of Business, Entrepreneurship & the Law

This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA ...


Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams 2019 Pepperdine University

Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams

The Journal of Business, Entrepreneurship & the Law

This article first examines the rule adopted by the DOL and the criticism it has drawn. It then assesses the state of the small-group insurance market for small businesses, and the flawed approach that the ACA took to assisting them. Finally it takes a look at the uncertain future for small businesses and health insurance, and it suggests new approaches


Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert 2019 Pepperdine University

Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert

The Journal of Business, Entrepreneurship & the Law

California startups and independent contractors are in desperate need of a lifeline before they are gone for good. This state has long favored the employee over the employer, but the California Supreme Court’s new “ABC” test tips the scales even further by making it practically impossible for startups to compensate their workers. As a remedy, I propose exemptions to the test for sophisticated contractors who do not need the state’s protection, certified owners who have demonstrated fair play, and small businesses which are still in the developmental stages. Though the Court based its decision largely on a policy ...


Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring 2019 Boston College Law School

Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring

Diane M. Ring

There has been a lot of interest lately in new IRC Section 199A, the new qualified business income (QBI) deduction that grants passthroughs, including qualifying workers who are independent contractors (and not employees), a deduction equal to 20% of a specially calculated base amount of income. One of the important themes that has arisen is its effect on work and labor markets, and the notion that the new deduction creates an incentive for businesses to shift to independent contractor classification. A question that has been percolating in the press, blogs, and on social media is whether new Section 199A is ...


A Structural-Purposive Interpretation Of “Employment” In The Platform Economy, E. Gary Spitko 2019 University of Florida Levin College of Law

A Structural-Purposive Interpretation Of “Employment” In The Platform Economy, E. Gary Spitko

Florida Law Review

The considerable growth of the platform economy has focused attention on the issue of whether a provider engaged through a transaction platform should be classified as an employee of the platform operator, and therefore within the purview of workplace protective legislation or as an independent contractor, thus outside the scope of such legislation’s protections. This Article focuses specifically on whether the operator’s reservation of the right to impose quality control standards on the provider ought to give rise to employment obligations running in favor of the provider and against the operator. This narrow issue is of great importance ...


The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen F. Befort 2019 University of Florida Levin College of Law

The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen F. Befort

Florida Law Review

At the turn of the century, I undertook an assessment of the then-current state of workplace rights and obligations. I concluded that the balance of power between employers and workers was “badly skewed” in favor of employers. This Article revisits that topic for the purpose of assessing twenty-first-century trends through the lens of six workplace dimensions. They are: workforce attachment, union–management relations, employment security, income inequality, balancing work and family, and retirement security. An examination of these dimensions reveals that the status of U.S. workers has significantly declined during the first sixteen years of the twenty-first century. This ...


Algorithmic Advertising Discrimination, Joseph Blass 2019 Northwestern Pritzker School of Law

Algorithmic Advertising Discrimination, Joseph Blass

Northwestern University Law Review

The ability of social media companies to precisely target advertisements to individual users based on those users’ characteristics is changing how job opportunities are advertised. Companies like Facebook use machine learning to place their ads, and machine learning systems present risks of discrimination, which current legal doctrines are not designed to deal with. This Note will explain why it is difficult to ensure such systems do not learn discriminatory functions and why it is hard to discern what they have learned as long as they appear to be performing well on their assigned task. This Note then shows how litigation ...


The Return Of The Technical Mcdonnell Douglas Paradigm, Katie Eyer 2019 University of Washington School of Law

The Return Of The Technical Mcdonnell Douglas Paradigm, Katie Eyer

Washington Law Review

For many anti-discrimination plaintiffs, the McDonnell Douglas paradigm will determine the success or failure of their claims. And yet, for decades, most lower courts have applied a technical version of McDonnell Douglas—under which plaintiffs invariably lose. Thus, instead of asking the factual question of whether the defendant’s action was “because of” protected class status, the lower courts rely on a host of technical rules to dismiss even factually strong anti-discrimination claims. This is not the first time the lower courts have attempted to adopt a technical version of the McDonnell Douglas paradigm. In the 1970s and 1980s, the ...


Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino 2019 University of Cincinnati College of Law

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


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