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Mayhew V. Town Of Smyrna: The Sixth Circuit Frustrates Public Employees' Right To A Jury Trial, Margaux Joselow 2018 Boston College Law School

Mayhew V. Town Of Smyrna: The Sixth Circuit Frustrates Public Employees' Right To A Jury Trial, Margaux Joselow

Boston College Law Review

On May 11, 2017, the U.S. Court of Appeals for the Sixth Circuit, in Mayhew v. Town of Smyrna, held that the protected status of a public employee’s speech in a First Amendment retaliation claim remains one of law, rather than one of mixed law and fact. In so doing, the Sixth Circuit disallowed jury determinations on the fact-intensive inquiry into the protected status of the employee’s speech. This Comment argues that despite having the invaluable opportunity—as a historically conservative court—to defend the voices of public employees, the Sixth Circuit continued its obliteration of public ...


How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones 2018 Boston College Law School

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Renee Jones

No abstract provided.


Taking Note Of Notary Employees: Employer Liability For Notary Employee Misconduct, Nancy Perkins Spyke 2018 University of Maine School of Law

Taking Note Of Notary Employees: Employer Liability For Notary Employee Misconduct, Nancy Perkins Spyke

Maine Law Review

The law of agency governs the relations between principals, agents, and third persons. A portion of that body of law deals with the liabilities that arise when an agent causes harm to a third party. Situations in which negligent employees cause harm to their employers' customers are ripe for the application of standard agency principles. Those principles dictate that the employer will be liable for the tort of an employee if the tort is committed in the scope of employment. The Restatement (Second) of Agency and case law provide many illustrations. If an employer directs an employee to perform a ...


The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg 2018 University of Maine School of Law

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be ...


Foreign Born Latina Earnings And Returns To Education And Experience In The United States, Trevor Mattos 2018 University of Massachusetts Boston

Foreign Born Latina Earnings And Returns To Education And Experience In The United States, Trevor Mattos

Gastón Institute Publications

The determinants of immigrant earnings have long been a heavily researched topic, beginning with the contributions of Chiswick (1978) and Borjas (1985). The majority of this work focuses on male immigrants. Prior findings provide conflicting results with respect to determinants of native and foreign-born earnings in the U.S. This study, however, focuses on the earnings levels and differential returns to education and experience between native and foreign-born Latina workers in the U.S. using pooled American Community Survey microdata from 2014, 2015, and 2016. The analytical approach borrows from Chiswick’s 1978 paper that utilized cross-sectional regression methods and ...


Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky 2018 Roger Williams University School of Law

Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.


Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov 2018 DePaul University

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.


Brief In Opposition. Idaho Department Of Corrections V. Fuller (No. 17-959), 2018 U.S. S. Ct. Briefs Lexis 693, 2018 Wl 1256177, Eric Schnapper, Ericka Birch, Kass Hartstad 2018 University of Washington School of Law

Brief In Opposition. Idaho Department Of Corrections V. Fuller (No. 17-959), 2018 U.S. S. Ct. Briefs Lexis 693, 2018 Wl 1256177, Eric Schnapper, Ericka Birch, Kass Hartstad

Court Briefs

QUESTION PRESENTED The court of appeals concluded that a reasonable jury could find that actions by supervisors at the Idaho Department of Corrections created a hostile work environment. Petitioner does not seek review of that holding. The question presented is: Did the court of appeals err in concluding that the record contained sufficient evidence to permit a reasonable jury to infer that the actions of those supervisors were gender-based?


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 ...


Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry

Nevada Supreme Court Summaries

The Court determined that when an uncompensated volunteer, who has concurrent private employment and is injured during the course of volunteer work, shall have their average monthly wage for the purposes of workers’ compensation benefits to be the aggregate of the “deemed wage” provided by statute along with their earnings from the concurrent private employment.


Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel 2018 College of William & Mary Law School

Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel

William & Mary Law Review

As the Pregnancy Discrimination Act of 1978 (PDA) turns forty, it is time to consider how we define pregnancy discrimination.

In recent years, courts have come to define pregnancy discrimination almost exclusively through comparison. Yet our understanding of discrimination, inside and outside the pregnancy context, depends on judgments about social roles as well as comparison. Both Congress and the Court appealed to social roles in defining the wrongs of pregnancy discrimination. In enacting the PDA, Congress repudiated employment practices premised on the view that motherhood is the end of women’s labor force participation, and affirmed a world in which ...


Motion To Dismiss For Failure To Succeed On The Merits: The Eeoc And Rule 12(B)(6), Perry F. Austin 2018 College of William & Mary Law School

Motion To Dismiss For Failure To Succeed On The Merits: The Eeoc And Rule 12(B)(6), Perry F. Austin

William & Mary Law Review

No abstract provided.


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


Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth 2018 College of William & Mary Law School

Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth

William & Mary Journal of Women and the Law

This Note will examine current maternity leave laws both within the United States and internationally, and argues that there are major issues with the existing federal law in the United States that render such legislation ineffective. This Note will further argue that because paid maternity leave remains almost exclusively as a benefit employers can choose to provide, the federal government should not only adopt a paid maternity leave program, but also ensure that it is broader and more encompassing than current legislation.


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.


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