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Articles 1 - 26 of 26
Full-Text Articles in Law
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
University of the District of Columbia Law Review
Jose Lopez1 migrated to the United States without proper documentation. After he arrived, Mr. Lopez had several consecutive jobs as a line cook in various restaurants in Reno, Nevada. He started working at Casino restaurant. One day, Mr. Lopez noticed that his paychecks had not been reflecting the overtime hours he worked. Mr. Lopez approached his employer about his pay discrepancy. His employer told Mr. Lopez that he would pay for overtime the following week. The following week came, and the employer did not pay Mr. Lopez for his overtime hours. This continued for several weeks. Mr. Lopez confronted his …
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
University of the District of Columbia Law Review
For people with disabilities, employment outcomes are discouraging. In 2021, only 19% were employed, a third of the employment rate for people without disabilities.1 Disabled individuals worked part-time because they could not find full-time work or because of a reduction in hours. 2 Fewer disabled persons had bachelor or higher degrees, and fewer worked in professional and managerial positions than people without disabilities. 3 To make it possible for disabled adults to get well-paying jobs, we must ensure that disabled youth have a solid educational foundation. That requires that more youth graduate high school; only 68.2% of students with disabilities …
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
University of the District of Columbia Law Review
In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans …
Veiling And Inverted Masking, Saleema Saleema Snow
Veiling And Inverted Masking, Saleema Saleema Snow
Journal Articles
“Good morning, Your Honor, AA, here on behalf of the United States government.”1 AA recounted her proudest moment: appearing in federal district court as an attorney for the Department of Justice (DOJ) in a religious accommodation case under Title VII of the Civil Rights Act of 1964.2 There she stood, an Ivy League graduate and the granddaughter of sharecroppers. She appeared before the court as an African-American Muslim woman in hijab representing the government to uphold the constitutional rights of another Muslim woman.3 The complainant, Safoorah Khan, was employed as a teacher in a small Illinois school district and had …
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
D.C. Council Testimony
No abstract provided.
Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin
Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin
D.C. Council Testimony
No abstract provided.
Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin
D.C. Council Testimony
No abstract provided.
"Other Than Honorable" Discrimination, Marcy L. Karin
"Other Than Honorable" Discrimination, Marcy L. Karin
Journal Articles
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the most comprehensive federal civil rights law that exists related to the workplace. Its goal is to help people who serve in the military reintegrate back into civilian work and remain attached to the workforce. It does so by offering a mix of anti-discrimination protection and labor standards. Despite the promise of robust reemployment rights and post-service assistance, Congress has excluded people with a certain “character of service,” including those with “other than honorable” separations, from these protections. This statutory exclusion has a disparate impact on people with service-connected disabilities, …
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
University of the District of Columbia Law Review
No abstract provided.
The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand
University of the District of Columbia Law Review
Couples regularly complain about marriage penalties,' discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage.
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
The Military's Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila
The Military's Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila
Journal Articles
Workplace flexibility is a tool the military may use to support its operations, improve the recruitment and retention of military personnel, and fulfill its obligation to support veterans and military families. The return of combat troops from Iraq provides a valuable catalyst to take stock of the use of workplace flexibility in the U.S. military and employers supporting the military community. While the unique critical needs of the military are an inescapable variable when creating laws and policies, the military must meet the workplace flexibility needs of its services members and their families to maximize the effectiveness and efficiency of …
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Journal Articles
No abstract provided.
The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal
The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal
Journal Articles
The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …
Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin
Journal Articles
Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …
The Employment Law Year In Review June 2004-June 2005, Judith M. Conti
The Employment Law Year In Review June 2004-June 2005, Judith M. Conti
University of the District of Columbia Law Review
No abstract provided.
Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner
Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner
University of the District of Columbia Law Review
From the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act' and other measures2 ostensibly intended to enhance …
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
University of the District of Columbia Law Review
Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies- or is this legal action a result of a phenomenon that is coincidental? Although many argue that there is no "systematic" approach or policy to hinder the development of blacks in corporations, it is evident that serious problems do exist in many companies that have the propensity to curtail the advancement of black employees. In essence, …
A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski
A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski
University of the District of Columbia Law Review
No abstract provided.
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Antioch Law Journal
In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …
An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn
An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn
Antioch Law Journal
The protection of employee whistleblowers is a controversial and developing area within employment discrimination law. There is no comprehensive law which prohibits employers from retaliating against employees who disclose potential corporate or governmental violations of law, or practices which may violate environmental standards or threaten the health and safety of employees and the public. Instead, over the past twenty-five years there has been a steady growth in common law and specific statutory protections for employee whistleblowers. This article is an introduction to the major statutory and common law provisions which concern whistleblower protection. It is not intended to present a …
Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith
Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith
Antioch Law Journal
In recent years there has been a tremendous increase in the number of worker-owned businesses, with more than 2,000 in existence today.'Studies show that part of the reason for this increase is their success: employee-owned businesses are more productive, 2 create more jobs,3 and grow faster than comparable non-employee owned companies.4 One factor that has contributed to the growth of worker-owned businesses has been plant shutdowns. Today corporations are able to relocate around the world in order to maximize profits.5 As a result, the Northeast and the Midwest alone lost an estimated 900,000 jobs during the 1970s from plant shutdowns.6 …
Abuse Of Authority: The Office Of The Special Counsel And Whistleblower Protection, Thomas M. Devine, Donald G. Aplin
Abuse Of Authority: The Office Of The Special Counsel And Whistleblower Protection, Thomas M. Devine, Donald G. Aplin
Antioch Law Journal
The term 'whistleblower' is like 'motherhood,' and we are all for whistleblowing apparently. 1978 remarks of Representative Derwinski during House Markup of Civil Service Reform Act provisions establishing protection for federal whistleblowers. I"[Q] In your statement you say that most managers follow the law ...[a]nd have integrity."[A] That is my firm belief."[Q] And that most whistleblowers are malcontents."[A] That has been my experience."1985 exchange between Representative Schroeder and Special Counsel K. William O'Connor, the official responsible under the Reform Act for protection of whistleblowers. 2Even the clearest congressional intent is no stronger than the commitment of those with the discretion …
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
Antioch Law Journal
In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.
A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer
A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer
Antioch Law Journal
The Occupational Safety and Health Act (OSH Act), passed in 1970, is intended to provide "every working man and woman in the Nation safe and healthful working conditions."' The Occupational Safety and Health Administration (OSHA) enforces the Act; 2 the National Institute for Occupational Safety and Health (NIOSH) does research on workplace hazards and recommends practices and standards for industry. 3 By contrast with the state workers compensation schemes, the underlying purpose of the OSH Act is to prevent occupationally related injuries, disease and death, rather than to compensate the worker once the harm has occurred. The OSH Act, if …
Compensation Neurosis: A Workers' Compensation Phenomenon, Kathryn V. Natale
Compensation Neurosis: A Workers' Compensation Phenomenon, Kathryn V. Natale
Antioch Law Journal
The developing battle of workers' compensation law related to mental and nervous injuries has recently expanded to include the phenomenon of compensation neurosis-one of the most controversial terms in the medico-legal lexicon.2 This comment will explore the legitimacy and viability of compensation neurosis as a compensable personal injury in the compensation context. The reader should take note that compensation neurosis is in its infancy and that any vagueness with respect to the law or case analysis reflects the state of the law today.