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Labor and Employment Law

Selected Works

2008

Employment Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Restatement - Technique And Tradition In The United States, Thomas Kohler Dec 2007

Restatement - Technique And Tradition In The United States, Thomas Kohler

Thomas C. Kohler

This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …


Protecting Whistleblowers By Contract, Richard E. Moberly Dec 2007

Protecting Whistleblowers By Contract, Richard E. Moberly

Richard E. Moberly

Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …


Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler Dec 2007

Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.