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Labor and Employment Law

2001

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Articles 1 - 30 of 179

Full-Text Articles in Law

Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard Dec 2001

Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.


Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel Dec 2001

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.


Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons Dec 2001

Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons

Tools for Inclusion Series, Institute for Community Inclusion

How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.


The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson Dec 2001

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to ...


A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke Dec 2001

A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke

William & Mary Bill of Rights Journal

Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy


Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes Dec 2001

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older ...


Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen Dec 2001

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the ...


Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton Oct 2001

Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton

U.S. Supreme Court Briefs

No abstract provided.


A Tale Of Three Statutes . . . (And One Industry): A Case Study On The Competitive Effects Of Regulation, Rafael Gely Oct 2001

A Tale Of Three Statutes . . . (And One Industry): A Case Study On The Competitive Effects Of Regulation, Rafael Gely

Faculty Publications

The comparison of the three labor regulatory regimes raises an interesting counterexample to the traditional model of regulation. Instead of adopting a one-size-fits-all model, could a regulatory model be conceptualized where a menu of regulatory options is made available to the target population? Under such an approach those affected by the regulatory regime will choose among the various regulatory options and adopt those that better fit their particular situations. Part IV.B develops the basic parameters of this proposal. The article ends with a brief conclusion.


Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely Oct 2001

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped ...


Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges Oct 2001

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.


Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger Oct 2001

Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger

University of Arkansas at Little Rock Law Review

No abstract provided.


Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp Oct 2001

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.


Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm Oct 2001

Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm

Campbell Law Review

As courts and administrative agencies are becoming busier and litigation more complex, many today see alternative dispute resolution, specifically arbitration, as a way to promptly and efficiently resolve disputes. Arbitration, especially in light of the recent United States Supreme Court decision in Circuit City Stores, Inc. v. Adams, is becoming more common in employer-employee, business-customer, and business- business relationships. The Court held in Circuit City that the Federal Arbitration Act (FAA) applies to nearly all interstate employment relationships. The challenge before the courts now is determining who should bear the burden of paying for the arbitration of disputes.


Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Oct 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


Humiliation At Work, Catherine L. Fisk Oct 2001

Humiliation At Work, Catherine L. Fisk

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

No abstract provided.


Vol. 18, No. 4, William K. Strycker Oct 2001

Vol. 18, No. 4, William K. Strycker

The Illinois Public Employee Relations Report

Contents:

Labor Management Cooperation: Key to Organization and Employee Success, by William K. Strycker

Recent Developments

Further References, compiled by Margaret A. Chaplan


Toward A Motivating Factor Test For Individual Disparate Treatment Claims, Benjamin C. Mizer Oct 2001

Toward A Motivating Factor Test For Individual Disparate Treatment Claims, Benjamin C. Mizer

Michigan Law Review

Nathan Fields, an African-American employee at the New York State Office of Mental Retardation and Developmental Disabilities ("OMRDD"), was in many ways the typical Title VIP employment discrimination plaintiff, with a case that, on its face, suggested both discriminatory and benign actions by his employer. For six years, Fields worked as a maintenance assistant in the electrical shop at OMRDD's Oswald D. Heck Developmental Center ("Heck"). During that time, he twice applied for a promotion, and on each occasion, Heck selected white employees for the position. In addition, Fields claimed that he was discriminatorily singled out for disciplinary treatment ...


Major-League-Baseball-Streik 1994-1995, Thomas Kohler Sep 2001

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green Sep 2001

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 ...


Section 7: Employment Law, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2001

Section 7: Employment Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2001

Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel Sep 2001

Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel

Research to Practice Series, Institute for Community Inclusion

Individual control over service delivery and life choices is well established as a value in supports for individuals with developmental disabilities. One strategy for expanding choice is mechanisms that allow consumers to direct their funding. This brief reports on the prevalence of these options in state MR/DD agencies for 1999.


Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette Sep 2001

Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

The author reviews evidence of poor worker health and safety practices in United States Department of Energy nuclear facilities in contending that less protective standards for workplace hazards constitute an environmental injustice not rectified by a hazard pay premium.


To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn Sep 2001

To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn

Buffalo Human Rights Law Review

No abstract provided.


Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart Aug 2001

Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart

Research to Practice Series, Institute for Community Inclusion

Research shows that access to postsecondary education makes an enormous difference in the employability of people with disabilities. This brief focuses on the rehabilitation outcomes of people who received education supports from Vocational Rehabilitation agencies.


Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively Jul 2001

Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively

University of Arkansas at Little Rock Law Review

No abstract provided.


Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth Jul 2001

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.


Vol. 18, No. 3, James A. Spizzo, Charis Runnels Jul 2001

Vol. 18, No. 3, James A. Spizzo, Charis Runnels

The Illinois Public Employee Relations Report

Contents:

Emerging Trends in Public Sector Interest Arbitration: Employee Residency Rules, by James A. Spizzo and Charis A. Runnels

Recent Developments

Further References, compiled by Margaret A. Chaplan


The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine Jul 2001

The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

For many years, politicians and insurance companies could blithely proclaim that the U.S. had the best health care system in the world, but as its major shortcomings become more visible, Americans are finding it harder to accept this assertion. The 42.6 million people in the U.S. currently without health insurance are acutely aware that our health care system is not working for everyone, and there is growing recognition that the major problems of rising costs and lack of access constitute a real crisis. However, the search for solutions has not been easy or clear cut. Policymakers often ...