Law Commons^™

Federation Divided, Max M. Balton

Capstones

At the start of the 2020 school year, a lack of covid safety plans led teachers like Rosy Clark to protest, urging her union the United Federation of Teachers to act. She and other progressives in the dissident caucus, Movement of Rank and File Educators, were willing to strike to ensure their safety. Union leadership hesitated largely because public union strikes are illegal under the state’s Taylor Law.

This four-part audio documentary looks at the history of the UFT and this contentious state law. The union began striking under more onerous strike prohibition legislation. Its roots are steeped in radical …

Health Insurance And The Undocumented Immigrant, Anja Diercks

Honors Theses

The purpose of this thesis is to perform a comparative analysis on how seven different countries (USA, South Africa, Germany, England, Canada, France and Singapore) organize their healthcare system to cope with the issue of undocumented immigrants and whether or not these systems in place were “fair.” The thesis will also explore the possible ways the United States could change to be more inclusive and fairer in the world of healthcare and health insurance for the undocumented immigrant. A study on what fairness means both in ethical and economical terms is done to suggest a new basis of a fair …

Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan

Law Student Works

More than 50 years since the Equal Pay Act (1963) was passed, the subject of wage inequality between the sexes remains a critical topic for women, members of Congress, advocacy groups, business and legal communities. Within the last decade, the legal community has seen a wave of litigation alleging discrimination across a wide variety of industries, including within the legal field itself. Wage discrimination has negative consequences for women, communities, and employers—discrimination in the workplace is inefficient and resulting litigation is costly.

In this Pathfinder guide, you will find a brief background on the Equal Pay Act as it pertains …

Comparative Views On Age Discrimination Within Appellate Court Decisions: Utilizing Werner And Bolino’S Framework, Daniel Trinkle

Undergraduate Honors Theses

The manner by which courts view performance appraisals in relation to the outcome of case is certainly a topic worthy of discussion. Utilizing the framework used within the work of Werner and Bolino (1997), the following study was able to accomplish two main goals: (1) update the information of Werner and Bolino (1997) by evaluating modern cases, and (2) to evaluate new data regarding age discrimination utilizing the same framework as Werner and Bolino (1997). Utilizing chi-square analysis to test all of the hypotheses, it was demonstrated that there was statistical significance in performance appraisals with the presence of a …

Stewart V. Elk Valley Coal Corp.: The Rehabilitation Of Addiction Disability Law In Canada, Nadia Pronych

Electronic Thesis and Dissertation Repository

Canadian human rights law prohibits employers from discriminating against employees with disabilities and protects employees’ right to workplace accommodation to the point of undue hardship. However, the analysis of the case law illustrates that Canadian legal decision makers have not consistently applied the fundamental human rights laws and principles to cases involving individuals with drug and alcohol addiction disability. Stewart v. Elk Valley Coal Corp. provided the Supreme Court of Canada with the opportunity to provide much needed clarity and confirm the correct approach to be applied to claims of discrimination and accommodation on the basis of drug and alcohol …

Study On Ship Officer1’S Labor Intensity And Duty Arrangement, Jianan Huang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Applicability Of Stcw Convention To Mass And Updating Eto’S Standard Of Competence, Changqing Xu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci

Electronic Thesis and Dissertation Repository

This dissertation argues that there is an electronic surveillance gap in the employment context in Canada, a gap that is best understood as an absence of appropriate legal provisions to regulate employers’ electronic surveillance of employees both inside and outside the workplace. This dissertation aims to identify and articulate principles and values that can be used to close the electronic surveillance gap in Canada and suggests that, through the synthesis of social theories of surveillance and privacy, together with analyses of privacy provisions and workplace privacy cases, a new and better workplace privacy regime can be designed. This dissertation uses …

Seeking Justice: Reform To The Resolution Of Sexual Harassment Workplace Claims, Maygen Martinez

Honors College Theses

The era of the #MeToo Movement has brought about significant change in both personal and professional lives. With support from the community, many survivors of sexual assault are now able to publicly confront the atrocities that have happened to them. Further, and as a result of this impetus, historic legislation and internal action have caused many companies to end their mandatory arbitration practices for sexual harassment complaints. The ending of mandatory employer-sponsored arbitration opens the door to a significant change in the way discrimination and harassment complaints are resolved in the workplace. More employees than ever are now able to …

“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green

Pomona Senior Theses

In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …

Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram

Theses and Dissertations--Economics

Occupational choice at the margin depends on both the incentives for entry and barriers to entry. The primary entry barrier determined by regulation is an occupational license. These are government laws determining the minimum qualifications to enter an occupation including education, testing, fees, and background checks. These regulations are currently enforced on 25% of the US labor market. The laws are crafted to protect consumers from unsafe goods and services but also have important consequences in labor market outcomes. The consequences may include fewer workers entering the profession, changes to which workers enter the profession, and altering competition, all of …