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Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers 2017 Pepperdine University

Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers

The Journal of Business, Entrepreneurship & the Law

This Article is organized into six parts: Part one (the current section) provides the reader with an introduction and overview of the issues that have arisen because of states’ ever-expanding regulation of occupations requiring qualifications and credentials for holding certain jobs. Such qualifications often appear totally unnecessary to one’s ability to safely and competently perform a job. Part two provides background information on the Lochner Era of Supreme Court jurisprudence, the aftermath of the Lochner Era, and a brief history of the issues involved in state occupational licensing requirements. Part three discusses and evaluates recent cases of note—primarily ...


“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk 2017 Duke Law School

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

Catherine Fisk

A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated ...


Supervisors In A World Of Flat Hierarchies, Catherine L. Fisk 2017 UC Irvine School of Law

Supervisors In A World Of Flat Hierarchies, Catherine L. Fisk

Catherine Fisk

Under the National Labor Relations Act (“NLRA”), employees who are supervisors do not have the rights to join or assist labor unions or engage in other concerted activities for mutual aid and protection. The federal courts and the National Labor Relations Board (“NLRB”) have longstanding disagreements between and among them over how much authority over what types of working conditions is necessary to render one a supervisor. Recent cases reach conflicting results over issues such as whether nurses who can report co-workers for disciplinary infractions or can direct other employees to perform certain tasks are statutory supervisors who exercise independent ...


Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs 2017 UC Irvine School of Law

Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs

Catherine Fisk

No abstract provided.


Reimagining Collective Rights In The Workplace, Catherine L. Fisk 2017 UC Irvine School of Law

Reimagining Collective Rights In The Workplace, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper 2017 Duke Law School

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.


Humiliation At Work, Catherine L. Fisk 2017 Selected Works

Humiliation At Work, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky 2017 Selected Works

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

Catherine Fisk

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


College To Career: Making A Successful Transition, Anne Osowski 2017 College of Charleston

College To Career: Making A Successful Transition, Anne Osowski

Southeast Regional AHEAD Conference

Poster session will include survey results a transition to employment survey from students registered with DS at two mid-sized colleges. Similarities and differences between the two groups will be examined. Ideas for further engagement with students for career preparation will be discussed.

Ideal for: - DS providers who enjoy learning about and/or working with students on their transition from college to employment. - Students who attend the conference and are preparing for their next adventure.

Goals of the session:

- A lot of DS professionals are rightly focused on the transition from high school to college. I believe this is the case ...


Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira 2017 San Jose State University

Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the inequality in the restaurant industry in America. It focuses specifically on the tipped minimum wages in different states compared to the real minimum wage and looks into the gender and racial inequality present in restaurants. The first section analyzes the history of tipping and what it has become in the United States. The paper then moves to describe different struggles that tipped workers in the restaurant industry have to face. The paper also discusses different arguments to raising the tipped minimum wage and compares states with a tipped minimum wage and states without a tipped minimum ...


The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo 2017 U.C. Davis School of Law

The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo

Distinguished Speaker Series

Leticia Saucedo is a Professor of Law at U.C. Davis School of Law. She is an expert in employment, labor, and immigration law and she teaches immigration law and employment law at U.C. Davis. She has developed experiential courses in international and domestic service learning that explore the immigration consequences of crime and domestic violence in a post-conflict society. She has been a visiting professor at Duke Law School and a research scholar with the Chief Justice Warren Institute on Race, Ethnicity and Diversity at U.C. Berkeley. Professor Saucedo’s research interests lie at the intersections of ...


Rosenfield V. Globaltranz: Is The Manager Rule Dead? The Ninth Circuit Holds That Fair Notice Is The Appropriate Test For Whether A Managerial Employee's Activity Is Protected Under The Flsa, Alyssa Fixsen 2017 Boston College Law School

Rosenfield V. Globaltranz: Is The Manager Rule Dead? The Ninth Circuit Holds That Fair Notice Is The Appropriate Test For Whether A Managerial Employee's Activity Is Protected Under The Flsa, Alyssa Fixsen

Boston College Law Review

On December 14, 2015, in Rosenfield v. GlobalTranz Enterprises, Inc., the U.S. Court of Appeals for the Ninth Circuit held that the proper test for when an employee’s actions constituted a protected complaint under the anti-retaliation provision of the Fair Labor Standards Act of 1938 (“FLSA”) was whether the employer had fair notice that the actions were a complaint. In holding that the employee’s managerial status did not change the analytical framework, the Ninth Circuit diverged from previous rulings in the U.S. Courts of Appeals for the First, Fifth, Sixth, and Tenth Circuits that required managerial ...


Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad 2017 Cornell Law School

Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad

Cornell Law Library Prize for Exemplary Student Research Papers

Kara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.

Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).


A Faulty Federal Standard: A Call For A Federal Minimum Wage That Is Actually “Fair” Under The Fair Labor Standards Act, Amanda Rose Kapur 2017 University of Miami Law School

A Faulty Federal Standard: A Call For A Federal Minimum Wage That Is Actually “Fair” Under The Fair Labor Standards Act, Amanda Rose Kapur

University of Miami Business Law Review

When the average American works 40 hours a week on the federal minimum wage and their family unit is still under the poverty line, there is something inherently wrong. In America, one has to work 93 hours a week just to accommodate a basic level of living on minimum wage. Working the standard 40 hours a week should grant the worker the right to live above the poverty line.

Section I of this Comment will discuss the need for minimum wage reform by looking at the living wage gap and the benefits of raised minimum wages. This section will also ...


Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss 2017 University of Miami Law School

Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss

University of Miami Inter-American Law Review

Child labor and forced labor remain pervasive problems on Mexican farms. Millions of workers on these farms are forced to work and live in inhumane conditions, only to leave the season’s harvest just as poor as they were before. To date, human rights and labor treaties and agreements that Mexico is party to have failed to protect workers. In early 2016, however, negotiations on the Trans-Pacific Partnership (“TPP”) concluded and, if ratified, the party-countries claim that the TPP will hold Mexico to higher standards than previously faced because the TPP will link labor rights with trade law. However, this ...


The Strong Do As They Can: How Employment Group-Action Waivers Alienate Employees, Matthew B. Seipel 2017 UCLA Law

The Strong Do As They Can: How Employment Group-Action Waivers Alienate Employees, Matthew B. Seipel

Labor & Employment Law Forum

No abstract provided.


The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern 2017 American University Washington College of Law

The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern

Labor & Employment Law Forum

No abstract provided.


The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos 2017 University of Michigan Law School

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Articles

It seems that everybody loves workplace wellness programs. The Chamber of Commerce has firmly endorsed those progarms, as have other business groups. So has President Obama, and even liberal firebrands like former Senator Tom Harkin. And why not? After all, what's not to like about programs that encourage people to adopt healthy habits like exercise, nutritious eating, and quitting smoking? The proponents of these programs speak passionately, and with evident good intentions, about reducing the crushing burden that chronic disease places on individuals, families, communities, and the economy as a whole. What's not to like? Plenty. Workplace wellness ...


What Makes Parties Joint Employers? An Analysis Of The National Labor Relations Board’S Redefining Of The “Joint Employer” Standard And Its Potential Effect On The Labor Industry, Deepti Orekondy 2017 University of Miami Law School

What Makes Parties Joint Employers? An Analysis Of The National Labor Relations Board’S Redefining Of The “Joint Employer” Standard And Its Potential Effect On The Labor Industry, Deepti Orekondy

University of Miami Business Law Review

Multiple cases decided before the National Labor Relations Board (“NLRB”) have continuously narrowed the scope of the joint employer doctrine. Most recently, in the case of Browning-Ferris Indus., 362 N.L.R.B. No. 186 (August 27, 2015), the NLRB overturned decades of precedent and adopted a much more expansive standard that reverts the doctrine back to its original understanding in 1965. Prior to this decision, the joint employer doctrine established a joint employer relationship when both entities had meaningful control over the terms and conditions of employment and actually exercised that authority. After Browning-Ferris, the new standard now only ...


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