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Labor and Employment Law

Selected Works

2015

Articles 151 - 160 of 160

Full-Text Articles in Law

Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis Dec 2014

Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis

Michelle A. Travis

This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …

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Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar Dec 2014

Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar

Ann Numhauser-Henning

No abstract provided.

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Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act (With Alex Tilletts-Saks), César Rosado Marzán Dec 2014

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act (With Alex Tilletts-Saks), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

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Labour Law, Pension Norms And The Eu Ban On Age Discrimination: Towards Ultimate Flexibilisation?, Ann Numhauser-Henning Dec 2014

Labour Law, Pension Norms And The Eu Ban On Age Discrimination: Towards Ultimate Flexibilisation?, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

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Age Discrimination And Labour Law In Latin America: The Challenges Of Equality Law In Light Of Underdevelopment (With Sergio Gamonal Contreras), César Rosado Marzán Dec 2014

Age Discrimination And Labour Law In Latin America: The Challenges Of Equality Law In Light Of Underdevelopment (With Sergio Gamonal Contreras), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

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Ncaa Athletes, Unpaid Interns And The S-Word: Exploring The Rhetorical Impact Of The Language Of Slavery, Maria Ontiveros Dec 2014

Ncaa Athletes, Unpaid Interns And The S-Word: Exploring The Rhetorical Impact Of The Language Of Slavery, Maria Ontiveros

Maria L. Ontiveros

This essay presents initial results of a literature survey that explored the use of the rhetoric of slavery by workers' rights groups. It presents quantitative results for uses of terms such as slave, slavery, modern day slavery, plantation, Jim Crow and Juan Crow as these terms were used by immigrant worker advocates, opponents of labor trafficking, advocates for unpaid interns, National Collegiate Athletic Association athletes, professional athletes and in the context of prison labor. The essay also provides a qualitative analysis of how these terms were used by NCAA athletes and unpaid interns and a discussion of the criticism leveled …

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Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague Dec 2014

Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague

Robert Sprague

How is it that the world’s largest taxi service claims it is not a transportation company? How can an iconic worldwide package delivery company argue that it is not in the package delivery business? These are just two idiosyncrasies of the modern economy in which microentrepreneurial contractors using their own resources carry out the fundamental operations of enterprises.
Businesses and courts have long struggled trying to determine whether certain workers are employees or independent contractors. Originally, the focus was on whether the employer should be held liable to third parties for injuries arising from the employer’s workers—it controlled the actions …

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The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps Dec 2014

The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps

Neil J Foster

The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by providing a civil remedy for those whose injuries were sustained as a consequence of a statutory breach. One of the areas where the tort has clear relevance is the area of work health and safety, with the courts almost invariably holding that the breach of a statute primarily designed to protect workers from injury will provide them with a civil remedy as well as having criminal law consequences. The tort continues to be recognised in this area at the highest judicial level …

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تطــور المنظــور القانونــي للعمــل مــن السلعــة إلــى القيمــة: دراســة في المفاهيــم الاقتصاديــة و السياسيــة و الاتفاقــات الدوليــة المتعلقة بقيمــة العمــل و أثرهــا في التشريــع الكويتـي الوطنــي - قانون العمل رقم 6 لسنة 2010, Mashael Alhajeri Dec 2014

تطــور المنظــور القانونــي للعمــل مــن السلعــة إلــى القيمــة: دراســة في المفاهيــم الاقتصاديــة و السياسيــة و الاتفاقــات الدوليــة المتعلقة بقيمــة العمــل و أثرهــا في التشريــع الكويتـي الوطنــي - قانون العمل رقم 6 لسنة 2010, Mashael Alhajeri

Mashael Alhajeri

The Genesis of the Legal Perception to Labour Law: From Commodity to Value

A Study in the Economic and Political Conceptions and the International Conventions Related to Labour Value and their Impact to the National Kuwaiti Legislation (Labour Law No. 6/2010)

Alhajeri, Mashael A. Kuwait Unversity mashael.alhajeri@ku.edu.kw

The protective stance of contemporary labour law is based on a bipartite legislative position, where two perspectives to labour compete; a ‘commodity’ perspective that regards labour as a mere factor (input) of production, and a ‘value’ perspective that elevates is to an honorary, morally-charged rank.

This bilateral view to labour casts its shadow …

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The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow Dec 2014

The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

Matthew Parlow

Like most businesses, the National Basketball Association (NBA) has suffered significant negative impacts from the Great Recession. The league's drop in revenue exposed distinct flaws in the NBA's current business model and in the terms of employment for NBA players. Due to the precarious economic state of the NBA, the league anticipates a contentious, but necessary, renegotiation of the NBA's collective bargaining agreement (CBA), which will expire at the end of the 2010-11 season. This article will analyze the effects of the Great Recession on the NBA and the likely implications for the renegotiation of the CBA. Part II of …

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