Law Commons^™

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.

The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.

Campbell Law Review

With emphasis on developments in the Fourth Circuit, this Article first describes the pursuit's origination in plan language and ERISA's statutory provisions; it then explores ERISA preemption and cases in which injured participants invoke state statutory and common law to contradict plan terms. A review of the attorney's role follows, including an inquiry into issues concerning attorney fees. With consideration of policies behind ERISA, the Article concludes that adherence to well-drafted plan terms legitimizes the parties' bargain, avoids development of disparate federal common law, and facilitates the allocation of proceeds.

Vol. 17, No. 2, William C. Kling

The Illinois Public Employee Relations Report

Contents:

Coming Together to Address Student Aggression and School Safety, by William C. Kling

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Columbia Business Law Review Spring Symposium 2000 Issue (Introduction), Doron M. Kalir

Law Faculty Articles and Essays

This is the Introduction to Spring Symposium Issue. On March 28, 2000, the Columbia Business Law Review hosted its Spring Symposium entitled "The Changing Workplace in the New Millennium." The symposium, which brought together legal scholars and thinkers from around the country, sought to address many current labor and employment law issues, as well as some which are likely to arise in the years to come

Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler

Thomas C. Kohler

No abstract provided.

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

An outline of key provisions in the interim final regulations describing the nondiscrimination and equal opportunity responsibilities of the governor, WIA fund recipients, and programs and activities that are part of the One-Stop system.

Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication informs people with disabilities and advocates about the opportunities available for input into WIA implementation at the state and local level.

Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly

Mercer Law Review

Judicial application of the Age Discrimination in Employment Act of 1967 ("ADEA") may be the most divergent of the employment discrimination laws because the ADEA is a hybrid of two statutes: Title VII of the Civil Rights Act of 19642 ("Title VII") and the Fair Labor Standards Act of 1938 ("FLSA"). The ADEA incorporates only selected portions of each of these statutes. For example, the general prohibition against age discrimination contained in the ADEA parallels the substantive provisions of Title VII, while the remedial provisions mirror, at least in part, the FLSA. Courts, however, have generally approached the ADEA in …

The Mixed-Motive Defense In Workplace Discrimination Actions And Its Procedural Issues In The Eleventh Circuit, Richard A. Weller

Mercer Law Review

Being fired from one's place of employment is an unfortunate incident that many Americans face on one or more occasions during their lifetimes. Discharged employees obviously experience some degree of economic loss by losing salaries and benefits. Even when rightfully discharged, employees may suffer emotional and psychological harm because of their perceived failure. This harm may be magnified when the employee has been discharged for wrongful, illegal reasons.

However, in some cases an employer may have legitimate, legal reasons to terminate an employee and simultaneously have illegal, discriminatory reasons. In such a "mixed-motives" situation, employers may be able to limit …

Mixed-Motive Cases On Employment Discrimination Law Revisited: A Brief Updated View Of The Swamp, Robert Belton

Mercer Law Review

In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in cases litigated under the disparate treatment theory of discrimination and is based upon presumptions and burden-shifting schemes. McDonnell Douglas was the predominant analytical framework for statutory employment discrimination cases until the Supreme Court decided Price Waterhouse v. Hopkins in 1989. ...

Congress overturned the fundamental holding of Price Waterhouse in the …

Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie

Innis Christie Collection

The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability …

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan

Tools for Inclusion Series, Institute for Community Inclusion

General information about the One-Stop system and answers to specific questions individuals with disabilities may have about One-Stop services.

Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan

Donald T. Bogan

No abstract provided.

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.

Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi

Hofstra Labor & Employment Law Journal

No abstract provided.

The Struggle For Human Rights, Harry Wu

Hofstra Labor & Employment Law Journal

No abstract provided.

The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black

Hofstra Labor & Employment Law Journal

No abstract provided.

Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard

Hofstra Labor & Employment Law Journal

No abstract provided.

Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris

Hofstra Labor & Employment Law Journal

This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Employer Prerogative And Employee Rights: The Never-Ending Tug-Of-War, Henry L. Chambers, Jr.

Law Faculty Publications

Where there are employees and employers, there will be employment relationships in need of mending. That reality is enough to guarantee that employment law will always be a warm, if not hot, area of the law. The article and notes on employment law in this issue demonstrate that the development of employment law continues apace.