An Overview Of The October 2006 Supreme Court Term, 2017 Duke University Law School
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
No abstract provided.
Banning The Box In Missouri: A Statewide Step In The Right Direction, 2017 University of Missouri School of Law
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment ...
Are We All In This Together? Enforcing Class Arbitration Waivers, 2017 University of Missouri School of Law
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Missouri Law Review
Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking ...
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", 2017 Cleveland-Marshall College of Law, Monte Ahuja College of Business
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Cleveland State Law Review
No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test ...
Disability Rights And Labor: Is This Conflict Really Necessary?, 2017 University of Michigan Law School
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current controversy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement ...
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), 2017 Nevada Law Journal
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang
Nevada Supreme Court Summaries
The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.
Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn
Articles and Chapters
[Excerpt] When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all parties in a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.
Paid Maternity Leave Legislation: Do Laws Mandating Paid Family Leave Impact Attitudes Towards Working Mothers?, 2017 Union College - Schenectady, NY
Paid Maternity Leave Legislation: Do Laws Mandating Paid Family Leave Impact Attitudes Towards Working Mothers?, Brianna Seid
Honors Theses and Student Projects
Prior research has shown that the availability of paid maternity leave for new mothers can influence a variety of factors such as women's mental health and life satisfaction long-term career outcomes and children's long run outcomes. However scholars have suggested that there is a backlash effect among certain groups of people when particularly strong advancements are made in areas of women's rights. Research also suggests that attitudes towards certain behavior are impacted by legislation that attempts to regulate such behavior. The current research assessed whether the implementation of paid family leave impacted attitudes towards mothers in the ...
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, 2017 Duke Law School
“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, 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, 2017 UC Irvine School of Law
Supervisors In A World Of Flat Hierarchies, Catherine L. 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, 2017 UC Irvine School of Law
Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs
No abstract provided.
Reimagining Collective Rights In The Workplace, 2017 UC Irvine School of Law
Reimagining Collective Rights In The Workplace, Catherine L. Fisk
No abstract provided.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, 2017 Duke Law School
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
No abstract provided.
Humiliation At Work, 2017 Selected Works
Humiliation At Work, Catherine L. Fisk
No abstract provided.
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
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, 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, 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, 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, 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 ...