Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, 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), 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, 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, 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, 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, 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, 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 Race, Gender, and Social Justice
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, 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
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, 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, 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.
Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, 2018 Cornell University
Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson
This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which ...
From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, 2018 Cornell University
From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson
This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions ...
Principles Of Employment Law, 2018 University of Richmond
Principles Of Employment Law, Ann C. Hodges
Law Faculty Publications
This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Chapter 6 examines workplace health and safety. Finally ...
Unmarked? Criminal Record Clearing And Employment Outcomes, 2018 Northwestern Pritzker School of Law
Unmarked? Criminal Record Clearing And Employment Outcomes, Jeffrey Selbin, Justin Mccrary, Joshua Epstein
Journal of Criminal Law and Criminology
An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively lowlevel misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and other opportunities. Harvard sociologist Devah Pager describes people with criminal records as “marked” with a negative job credential. In response to this problem, lawyers have launched unmarking programs to help people take advantage of legal record clearing remedies. We studied a random sample of participants in one such ...
Vol. 35, No. 1, 2018 Chicago-Kent College of Law
Vol. 35, No. 1, By Anthony Michael Kreis
The Illinois Public Employee Relations Report
A Fresh Look at Title VII: Sexual Orientation Discrimination as Sex Discrimination, by Anthony Michael Kreis
War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, 2018 Southern Methodist University
War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland
Journal of Air Law and Commerce
No abstract provided.
Redefining 'Employee' In The Gig Economy: Shielding Workers From The Uber Model, 2018 J.D. Candidate, Fordham University School of Law, 2018.
Redefining 'Employee' In The Gig Economy: Shielding Workers From The Uber Model, Ben Z. Steinberger
Fordham Journal of Corporate & Financial Law
Increasingly, companies in the gig-economy utilize independent contractors, rather than traditional employees, as a means to cut costs and decrease employment related liability. These companies rely on independent contractors for work and retain control over work typically performed by employees. But there are significant legal distinctions between employees and independent contractors; namely employees are protected in ways that independent contractors are not. Traditionally, employees are defined as workers over whom an employer exerts or retains the right to control the manner and means of the work. While the traditional test to determine whether an individual is an employee is set ...
Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, 2018 University of Pennsylvania
Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim
Prize Winning Papers
No abstract provided.
Research To Practice: State Employment First Policies: State Definitions, Goals And Values, 2018 University of Massachusetts Boston
Research To Practice: State Employment First Policies: State Definitions, Goals And Values, Jennifer Bose, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Research to Practice Series, Institute for Community Inclusion
This brief is the first in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It examines the background of circumstances under which Employment First efforts began in seven states, and introduces each state’s values, mission, and goals around increasing employment opportunities for people with disabilities. States may use the lessons in this brief to develop an Employment First policy, or to evolve existing efforts.
Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, 2018 Northwestern Pritzker School of Law
Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, Elizabeth Westrope
Journal of Criminal Law and Criminology
The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to get back on their feet and re-integrate into society. Gaining employment is one of the most crucial steps for returning citizens to take in order to regain stability in their lives. Yet, it remains one of the biggest obstacles. Employers are often wary of hiring persons with criminal ...