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- Flexible work arrangements (15)
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Articles 31 - 60 of 104
Full-Text Articles in Law
Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center
Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about who meets the statutory and regulatory definition of an "Eligible Employee."
Part two of this memorandum contains the relevant statutory and rgulatory text. Part two also lists other sources cited in the comments about this topic.
University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie
University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie
Innis Christie Collection
Member Grievance dated November 10, 2006, alleging that the Employer violated Article G1.3a) of the Collective Agreement between the parties, effective May 12, 2006 and expiring June 30, 2010, which the parties agreed is the Collective Agreement applicable here. In the Grievance the Union grieves "the Employer's violation of hiring procedures for sessional instructors", which resulted in the Grievor not being offered a sessional contract to teach [Retracted] for the Spring semester of the academic year 2006/7. The Union seeks a declaration that the Employer violated the Collective Agreement and an order that the Grievor be fully compensated for loss …
Cep V Bell Aliant Regional Communications Llp, Innis Christie
Cep V Bell Aliant Regional Communications Llp, Innis Christie
Innis Christie Collection
This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.
Summary Of Mcgrath V. State, Dep’T Of Pub. Safety, 123 Nev. Adv. Op. No. 15, Jeremy K. Cooper
Summary Of Mcgrath V. State, Dep’T Of Pub. Safety, 123 Nev. Adv. Op. No. 15, Jeremy K. Cooper
Nevada Supreme Court Summaries
Appeal from a district court order denying a petition for judicial review of the appeals officer’s decision denying compensation, in a worker’s compensation case. The Nevada Supreme Court affirmed the district court’s order.
Re Halifax Employers Assn And Halifax Longshoremen's Assn, Local 269, Ila, Innis Christie
Re Halifax Employers Assn And Halifax Longshoremen's Assn, Local 269, Ila, Innis Christie
Innis Christie Collection
The Union believes the Employer breached the Collective Agreement by submitting the dispatch listing seeking workers twelve minutes late. The Employer believed there was a two hour range, thus the dispatch was not late and no loss was suffered by the Union members. As remedy the Union wants payment of members who might have been assigned from the 'hall' or payment into the Union trust fund.
The grievance succeeds in part. The dispatch under consideration was twelve minutes late. Thus the Employer did breach the Agreement. However, no financial loss was demonstrated and the Collective Agreement does not require a …
Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff
Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff
The Institute Brief Series, Institute for Community Inclusion
This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
All Faculty Scholarship
At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article further demonstrates that state common law exceptions to the employment-at-will doctrine are not providing significant redress to employees fired or otherwise disciplined for blogging.
In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Brief Amici Curiae Of The National Employment Lawyers Association, The Naacp Legal Defense And Educational Fund, Inc., And Marianne Sawicki, In Support Of Respondent, 549 U.S. 1334 (2007) (No. 06-341), 2007 Wl 966520, Eric Schnapper, Marissa Tirona, Theodore Shaw
Brief Amici Curiae Of The National Employment Lawyers Association, The Naacp Legal Defense And Educational Fund, Inc., And Marianne Sawicki, In Support Of Respondent, 549 U.S. 1334 (2007) (No. 06-341), 2007 Wl 966520, Eric Schnapper, Marissa Tirona, Theodore Shaw
Court Briefs
No abstract provided.
Law Professors' Comments In Response To The Dol Request For Information On The Family And Medical Leave Act Of 1993, Marci Seville
Law Professors' Comments In Response To The Dol Request For Information On The Family And Medical Leave Act Of 1993, Marci Seville
Women’s Employment Rights Clinic
No abstract provided.
Atu, Local 508 V Halifax (Regional Municipality), Innis Christie
Atu, Local 508 V Halifax (Regional Municipality), Innis Christie
Innis Christie Collection
The Grievor was terminated for inappropriate behaviour towards a female passenger. The Grievor did not believe the Employer had just cause and sought reinstatement with full wages and seniority, and the removal of all related documents from his personnel file.
The grievance succeeds in part. Given a previous disciplinary letter regarding similar behaviour, the Grievor should have known that his conduct was not acceptable. Discipline was justified, but dismissal was viewed as excessive in a situation where progressive discipline might be expected. The Grievor is reinstated with several conditions, and with one month suspension without pay. Jurisdiction is retained.
Re Canada Post Corp And Cupw (Paris), Innis Christie
Re Canada Post Corp And Cupw (Paris), Innis Christie
Innis Christie Collection
The Grievor was discharged for being absent without leave. The Union believed the Employer's action was without just, reasonable or sufficient cause. The requested remedy is full reinstatement, compensation of lost earnings and benefits, and removal of all related documents in the personnel file
The grievance succeeds in part. During the hearing the parties agreed to reinstate the Grievor, subject to a number of conditions, which are to be in effect for 24 months. Jurisdiction is retained.
The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center
The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
The scheduling of work hours is important to employers and employees alike. Employers must ensure sufficient staffing to meet workload demands; employees must balance work with other aspects of their lives. Over the past several years, the tendency to view these needs as mutually exclusive has slowly given way to increased discussion of and experimentation with flexible work arrangements as an effective way to balance work-life demands. While these workplace flexibility initiatives take many forms, the majority of them require collaboration between employers and employees regarding work hours and conditions.
Episodic Time Off: An Overview, Workplace Flexibility 2010, Georgetown University Law Center
Episodic Time Off: An Overview, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
While some workers' needs for lexibility can be addressed by short Term Time Off (STO) or by a Flexible Work Arrangement (FWA), there are other workers who need time off on a more episodic basis. These workers may have an illness, such as cancer of kidney disease, which requires them to attend numerous medical appointments on a relatively set basis. Or they may have a chronic conditions, such as migraine headaches or fibromyalgia, that flares up sporadically. Some workers may care for family memebers who have recurring medical needs, such as an aging parent who requires regularly scheduled bi-weekly dialysis …
Fact Sheet On Episodic Time Off (Epto), Jean Flatley Mcguire, Kaitlyn Kenney
Fact Sheet On Episodic Time Off (Epto), Jean Flatley Mcguire, Kaitlyn Kenney
Memos and Fact Sheets
Workplace Flexibility 2010 has coined the term "Episodic Time Off" or "EPTO" to describe the type of workplace flexibility needed to address the recurring need for time off - sometimes regular, sometimes sporadic, sometimes foreseeable, sometimes not - for which Short Term Time Off is insufficient and which a Flexible Work Arrangement cannot resolve. Evidence illustrates that across the lifespan, for a variety of reasons, the need and desire for EPTO are great.
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Grievor was dismissed for allegedly exposing himself and for not cooperating with the Employer's request for medical consultations. The Grievor denied the event occurred. The Union states that the dismissal was without just or sufficient cause and requests that the Grievor be fully reinstated and compensated for all lost earnings and benefits, and that all material relating to the matter be removed from his personnel file.
Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson
Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson
All Faculty Scholarship
This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law's interest in employee's harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee's actions …
Recreating Diversity In Employment Law By Debunking The Myth Of The Mcdonnell Douglas Monolith, Sandra F. Sperino
Recreating Diversity In Employment Law By Debunking The Myth Of The Mcdonnell Douglas Monolith, Sandra F. Sperino
Faculty Articles and Other Publications
The McDonnell-Douglas framework is one of the primary methods used by courts to evaluate discrimination claims based on circumstantial evidence. Although McDonnell-Douglas often is referred to as a singular test, it is actually a collection of different tests gathered rather deceptively under one name. Over the years, federal courts considering state law claims have increasingly applied the McDonnell-Douglas framework to these state claims, without considering whether the same result would occur under state law. The federal courts' rather monolithic view of McDonnell-Douglas is choking debate on important issues of employment law and denying states the ability to weigh in on …
Recognizing And Preventing Hazards In The Construction Industry, Bureau Of Labor Education. University Of Maine
Recognizing And Preventing Hazards In The Construction Industry, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
By the nature of the work, the construction industry is very hazardous and dangerous. These dangers are multiplied still further when workers and supervisors employed in this industry are working at manufacturing sites such as pulp and paper mills. This handbook deals with the following hazards confronting workers and employers in construction, which have been identified by OSHA as priority areas for hazard recognition and prevention: • fall hazards on the same level or from a higher to a lower one; • being struck by or against any hazardous materials, equipment, or vehicles; • getting caught on, caught in, or …
Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine
Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
The classification of independent contractors (ICs) is problematic in a number of industries and employment situations. This paper is intended as a survey of IC issues as they affect the construction industry in Maine. Construction companies have recourse to hourly labor for much of their work requirements, but like many other businesses, they also often employ independent contractors for some parts of their various building contracts. There is considerable evidence that these two job categories are being manipulated by some employers to bypass the legal intent of IC classification. A 2000 report produced for the U.S. Department of Labor found …
The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery
Journal Articles
No abstract provided.
Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld
Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld
Book Reviews
No abstract provided.
Douglas Hay And Paul Craven's Masters, Servants, And Magistrates In Britain And The Empire, 1562–1955, Robert J. Steinfeld
Douglas Hay And Paul Craven's Masters, Servants, And Magistrates In Britain And The Empire, 1562–1955, Robert J. Steinfeld
Book Reviews
No abstract provided.
Retaliatory Harassment: Sex And The Hostile Coworker As The Enforcer Of Workplace Norms, Rhonda Reaves
Retaliatory Harassment: Sex And The Hostile Coworker As The Enforcer Of Workplace Norms, Rhonda Reaves
Journal Publications
This Article focuses on the legal treatment of retaliatory harassment claims. It argues that retaliatory harassment is an often misunderstood and underanalyzed concept in the law of workplace harassment. This Article seeks to distinguish the legal treatment of retaliatory harassment from sexual harassment. Part I of this Article describes the use of harassment as a method of enforcing workplace norms; it details how harassment is used not just to further a worker's own individual sexist (or racist) agenda, but how it is used to keep women (and minority groups) in subordinate positions. Part II describes the current legal frameworks for …
Reclaiming Mcdonnell Douglas, Martin J. Katz
Reclaiming Mcdonnell Douglas, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Article proceeds in three Parts. Part I argues that McDonnell Douglas should never be required (and, in the process, dispels the nearly universally held myth that this framework proves or requires "but for" causation). Part II shows how a nonmandatory McDonnell Douglas would interact with the two alternative frameworks (Price Waterhouse and the 1991 Act), and also shows how a nonmandatory McDonnell Douglas can be implemented under current law. This Part also resolves the three doctrinal debates that currently plague disparate treatment law. Part III refutes most of the normative criticisms that have been leveled at McDonnell Douglas and …
No Intent, No Foul? Unconscious Bias In Employment Decisions, Martin J. Katz
No Intent, No Foul? Unconscious Bias In Employment Decisions, Martin J. Katz
Sturm College of Law: Faculty Scholarship
Many commentators have criticized current anti-discrimination law on the grounds that it does not adequately prohibit unconscious bias in employment decisions. That claim is wrong: Unconscious bias is fully actionable, and it can generally be proved by knowledgeable employment lawyers. The idea behind unconscious bias is that well-meaning employers and supervisors, who would likely consider themselves supporters or even champions of equality, might subconsciously harbor attitudes that result in negative employment decisions for women and minorities.
Rethinking The Tripartite Division Of American Work Law, Michael Fischl
Rethinking The Tripartite Division Of American Work Law, Michael Fischl
Faculty Articles and Papers
The holy trinity of American work law - employment discrimination, labor law, and employment law - has governed the American workplace for over four decades and is also firmly entrenched in the curricula of most law schools. But the discrete lenses provided by the conventional trinity make it difficult to bring into focus two distinct but related dimensions of the accelerating integration of American work law. Thus, we are on the one hand experiencing an accelerating doctrinal integration of our field, as the settings in which nominally out of area law plays a significant governance role are rapidly proliferating. At …
The Other Side Of The Picket Line: Contract, Democracy, And Power In A Law School Classroom, Michael Fischl
The Other Side Of The Picket Line: Contract, Democracy, And Power In A Law School Classroom, Michael Fischl
Faculty Articles and Papers
his essay - from a forthcoming symposium on teaching from the left in the NYU Review of Law & Social Change - offers an account of the successful union organizing campaign among custodial and landscaping workers at the University of Miami during the 2005-06 academic year, focusing in particular on the role played by faculty during the course of the campaign. It examines a fractious debate generated by faculty who held classes off campus in order to support the striking workers and the author's own decision to put the question of whether to honor the picket line to a vote …