Labor Relations Commons^™

Eligibility For Medical Leave Under The Fmla, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits eligible workers to take up to 12 weeks per year of unpaid leave for medical reasons—either their own or those of an immediate family member. In the case of personal medical leave, an employee is entitled to leave for medical conditions that constitute “serious health conditions” and that make an employee unable to perform the functions of his or her position. The FMLA statute defines “serious health condition” as: “an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.” …

Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Intermittent Leave And Reduced Schedule Leave Under The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits workers who meet certain conditions to take up to 12 weeks per year of unpaid leave for medical or family care reasons. This memorandum discusses the statutes, legislative history and regulations pertinent to intermittent and reduced schedule leave, as well as select case law.

To give workers not just the time but also the flexibility to balance the demands of work and family, the FMLA allows workers to take leave on an intermittent basis (e.g., a few hours per week to attend a standing medical appointment) or on a reduced …

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Notice, Designation And Substitution Of Leave Requirements Under The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) imposes notice obligations on both employers and employees. Employees must give their employer notice of their need for leave by providing an FMLA-qualifying reason for leave. Employees are not, however, required to use the words “FMLA” when asking for leave. Employees must also tell their employer if they wish to substitute paid leave for unpaid FMLA leave. Finally, employees must provide their employer with two-days’ notice of their plans to return to work following leave.

Employers initially must give employees notice of their FMLA rights. Once an employee has requested leave, …

Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Economic Engagement: An Avenue To Employment For Individuals With Disabilities, William Kiernan, John Halliday, Heike Boeltzig

All Institute for Community Inclusion Publications

The role that employment has played for persons with disabilities over the past several decades has moved from one of no engagement in the workforce to a realization that persons with disabilities can work and are interested in working. The shrinking workforce has increased employers' interest in looking at the full range of potential workers, including those previously considered unemployable. The growing economy—coupled with the declining birth rate, the increase in technology and supports for a diverse workforce, and the increasing expectation that all persons should be provided with the opportunity to work—has led to a new view of individuals …

Designing A Pre-Apprenticeship Model For Women Entering And Succeeding In The Construction Trades, Susan Moir Scd, Elizabeth Skidmore

Labor Studies Faculty Publication Series

It has been over a quarter century since the Carter administration set a goal of increasing the number of women working in the construction industry to 6.9% of the workforce. It is often overlooked that the stated intent of this policy initiative was for women to make up 25% of construction workers by the year 2000 (Eisenberg, 1999). While some isolated projects have met or exceeded the 6.9% target, the number of women working in the construction trades nationally increased in the first few years after 1979, but leveled off at under 3% in the early 1980’s and has stayed …

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …

Organizing In The Garment Industry In Mexico: Implications For New Social Movement Theory, Victoria Carty

Sociology Faculty Articles and Research

This paper examines attempts to improve workers' rights in the Maquila Industry in Mexico by using two case studies. It analyzes the struggles that recently occurred at the Kukdong and Duro plants. The underlying question of the research is how to balance the co-existence of market economies with effective means to ensure adequate conditions for workers, and most importantly, ensuring their right to freedom of association. Under recent forms of global economic restructuring, the state is often unwilling or unable to uphold workers' rights. To combat the present form of corporate-driven global capitalism, workers in the South, in solidarity with …

Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony

Upjohn Press

Wheeler, Klaas, and Mahony provide a thorough analysis of organizational justice systems by exploring nonunion systems of workplace justice and comparing them with the union system, American courts, and systems in 11 other countries.

Transnational Labor Mobilizing In Two Mexican Maquiladoras: The Struggle For Democratic Globalization, Victoria Carty

Sociology Faculty Articles and Research

The struggle to improve workers' rights in Mexican maquiladoras and export processing zones elsewhere in the world is central to the politics of global economic integration. State-centered development is increasingly compromised by supranational institutions and trade agreements. Meanwhile, multinational corporations are relocating at an unprecedented rate to overseas locations. Export processing zones are notorious for poor working conditions and result in a "race to the bottom." The maquila sector in Mexico is a prime example of this phenomenon. This article uses two case studies to examine ways in which grassroots organizing has successfully resisted low wages and poor working conditions …

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg

The University of New Hampshire Law Review

[Excerpt] "On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment, training, and disability agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers, including those with disabilities, who are seeking employment. Traditionally, service systems have required that consumers and their families who need a variety of services be able to negotiate the culture and language of multiple agencies. With the new WIA legislation, this task is now being required of the agencies themselves. In …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The workforce development system has undergone significant change in the past five years, including the development and implementation of new partnerships. Maintaining the integrity of services and conducting major organizational change has been a challenge for local, state, and federal leaders. Some states have a limited vision of how this new workforce system can operate and the ways in which their customers can benefit from the new partnerships. Other states, however, have embraced the challenge put forth in the Workforce Investment Act (WIA) and have built on previous collaborations or begun new initiatives. This publication discusses some of the challenges …

Mother Jones, Janet Butler Munch

Publications and Research

Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Seamless service delivery means that a customer receiving services can move between two or more agencies with limited disruption. Seamless services have not been accomplished when a customer must take a cross-town bus to travel from one agency to another. To address this issue, many One-Stop career centers are looking into how staff from their partner agencies can physically share space. This can range from a single staff person from an agency working in the Center on specific days of the week (itinerant staffing) to all staff from that agency working there on a full-time basis (full co-location). Staff report …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Although it is uniformly accepted that customers with disabilities should be involved in the process to create a new workforce system under the mandates of the Workforce Investment Act (WIA), anecdotal evidence suggests this to be more rhetoric than reality. Currently One-Stop Career Centers, workforce boards, and states are struggling with how to solicit and incorporate this important input into the planning process. The following is offered as a tool to help involve customers with disabilities as One-Stop centers are developed. This brief is part of a series of products offering practical solutions for state and local entities as they …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Universal access is a central tenet of the Workforce Investment Act (WIA) and mandates that One-Stop Career Center (One-Stop) services be accessible for individuals with disabilities. Partnerships between Vocational Rehabilitation (VR) and workforce development agencies have increased awareness about the importance of service accessibility and states have been responding to this issue in their planning and service delivery. This brief highlights the innovative strategies states have used to make their One-Stops better able to support job seekers with disabilities. This brief is part of a series of products offering practical solutions for state and local entities as they implement the …

Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor

Upjohn Press

This book offers an analysis of the relationship among collective bargaining, firm competitiveness, and employment protections and creation in the United States. The contributors provide an overview of the legal framework and the economic and industrial relations research on collective bargaining, competitiveness, and employment, then follow with four case studies that provide insights into the process of collective bargaining and its current status in the evolving U.S. labor-management system.

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth

All Institute for Community Inclusion Publications

Over the past decade there has been an increasing national emphasis on the participation of individuals with disabilities in the labor force. This concern was recognized through Executive Order No. 13078 signed by President Bill Clinton in March 1998, establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force was charged with a mission "to create a coordinated and aggressive policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population" (Section 1 (c)). Legislation and policy changes have also been directed …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …

Measuring Morale In A Municipal Law Enforcement Agency: A Multidimensional Approach, Thomas J. Roth

Muskie School Capstones and Dissertations

Administrators of both public and private sector firms are charged with the effective management of their respective agencies. Effective management includes not only striving to fulfil the goals of the organization toward the external client, it includes proper management of employees, a vital resource to any organization. Likewise, police administrators are bound by duty to not only uphold the laws within their jurisdiction, they are also responsible for maintaining a desirable work environment for their employees. Because a police agency's effectiveness is largely based on the combined total of the knowledge, skill and abilities of all its individual officers, employee …

The Dynamic Market For Law Faculty In The United States, Kent D. Syverund

Journal of Legal Education

No abstract provided.