Labor and Employment Law Commons^™

Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry

Maryland Law Review

No abstract provided.

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Michael Z. Green

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

Why Doesn't The U.S. Mandate Paid Leave?, Donald Roth

Faculty Work Comprehensive List

"The U.S. has vastly different guarantees when it comes to legislative mandates; however, the focus on laws skews the picture in important ways."

Posting about ­­­­­­­­factors affecting paid time off from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/why-doesnt-the-u-s-mandate-paid-leave/

Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs

Conference Papers

Recently I contributed to a volume on the philosophical foundations of labour law. Most contributors located our subject within the discourse of liberal democracy, using terms such as “distributive justice”, “non-exploitation”, “dignity”, “citizenship”, and “social inclusion”. If you have a good memory, you’ll recall that such terminology once commanded respect amongst intellectuals and policy makers, that they were endorsed across the political spectrum, that they enjoyed widespread, if not deep, public support, that they even inspired practical public policies. If you have a good memory you’ll remember all that.

What Should We Do After Work? Automation And Employment Law, Cynthia L. Estlund

AI-DR Collection

Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs absorb workers displaced by automation? These hotly debated questions have profound implications for the fortress of rights and benefits that the law of work has constructed on the foundation of the employment relationship. This Article charts a path for reforming the law of work in the face of both justified anxiety and uncertainty about the future impact of automation on jobs.

Automation is driven …

The Massachusetts Paid Leave Program: What Workers Can Expect To Pay And Receive, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

On June 28, 2018, Massachusetts became only the sixth state in the country to provide partial wage replacement to workers that need to leave work for a serious health condition, the birth of a child, to bond with a new child, or to care for a seriously ill family member. The new law is slated to be implemented in 2019 with payments while on leave to begin in 2021. This brief outlines the key elements of the new Massachusetts paid leave program and discusses the amounts workers at various wage levels will contribute and the level of benefits they will …

Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii

Liberal Arts and Engineering Studies

This paper is the result of a year-long senior project for the Liberal Arts and Engineering program at California Polytechnic State University. This paper attempts to educate the reader on what Restorative Justice is, why it faces challenges in the United States, and how it has been implemented, both in the United States and outside of it. In addition, this paper describes my own experience with implementing Restorative Justice Programs with both the city of San Luis Obispo and California Polytechnic State University. This experience includes the challenges that I faced along the way, and how these challenges are indicative …

Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues

The Business, Entrepreneurship & Tax Law Review

The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around …

Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, the New York City Council enacted the Freelance Isn’t Free Act (FIFA) to protect freelancers from non-payment. Among FIFA’s protections is the requirement that hiring parties provide a written contract to freelancers for any work exceeding $800 over a 120-day period. As the nation’s first legislation ensuring freelancers’ rights, FIFA marks a major turning point in the development of protections for the gig economy’s growing independent workforce. While its purpose is laudable and necessary, this Note argues that FIFA is currently too ambiguous. To resolve FIFA’s ambiguity, this Note recommends, at the very least, amending FIFA to include: 1) …

Retaliation Backlash, Alex B. Long

Washington Law Review

Until fairly recently, the narrative regarding employment retaliation plaintiffs has been that the federal courts—and the Supreme Court in particular—are generally sympathetic to employees claiming illegal workplace retaliation. This narrative has changed drastically over the past few years, to the point that there has been a backlash among courts to the initial wave of plaintiff success. In this respect, the evolution of retaliation law largely tracks the evolution of disability law. This Article argues that the evolution of these areas of the law illustrates a simple but fundamental point about the interpretation of statutes regulating the workplace at present: unless …

Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation, Rochella T. Davis

Brooklyn Journal of Corporate, Financial & Commercial Law

As of late, labor markets have been a focus point in antitrust enforcement. In 2016 the Department of Justice (DOJ) announced an unprecedented policy to pursue no-poaching agreements criminally. More recently, in January 2018, the DOJ’s Attorney General indicated that the agency is following through on the policy. This Article argues that the DOJ’s new policy is logical and prudent because the economic effects that no-poaching agreements have on labor markets mirror the anticompetitive effects of customer allocation agreements. It also shows that the policy is well-supported by labor economics and antitrust policies. In efforts to comply with the DOJ’s …

A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh …

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.

St. Mary's Law Journal

Abstract forthcoming

Picketing In The New Economy, Hiba Hafiz

Hiba Hafiz

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister

Nevada Supreme Court Summaries

Health benefits," as considered by the Minimum Wage Act of the Nevada Constitution, must mean the equivalent of one extra dollar per hour in wages to the employee, but offered in the form of health insurance as opposed to dollar wages.

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …

Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim, Joseph W. Mchugh

Cleveland State Law Review

In the highly competitive gig-economy, companies are constantly trying to leverage whatever they can to gain a competitive advantage over competitors. One method of doing so is saving on employment costs by classifying workers as independent contractors. There are two ways to accomplish this: (1) structure the business as an internet-based marketplace or platform; or (2) structure the relationship between the business and the worker in a way that ensures the worker remains classified as an independent contractor under either the common law control test or the economic realities test. Both Uber and Lyft have faced accusations of intentionally misclassifying …

Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz

Catholic University Law Review

The phrase “cat’s paw” comes from an Aesop’s fable and has been used to define a person used by another as a tool or a scapegoat. The phrase was coined and injected into employment discrimination law by Judge Richard Posner in Shager v. Upjohn Co. and later adopted by the U.S. Supreme Court in Staub v. Proctor Hospital. In Staub, the Supreme Court held that an employer could be liable for an adverse employment decision that was based on the recommendation of a supervisor who possessed a discriminatory or retaliatory bias against the adversely affected employee. However, the …

The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino

Pace Law Review

While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …