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Labor and Employment Law

2001

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Articles 1 - 30 of 204

Full-Text Articles in Law

Employee Ownership After Privatization: Governance Institutions And Firm Performance In Romania, John S. Earle, ÁLmos Telegdy Dec 2001

Employee Ownership After Privatization: Governance Institutions And Firm Performance In Romania, John S. Earle, ÁLmos Telegdy

Reports

This paper studies the governance institutions and performance consequences of privatization through management-employee buyout (MEBO) in Romania. Detailed firm-level survey data are used to analyze ownership rights practices concerning voting, dividend payment, and sales of shares, and to study the continued role of the state through restructuring restrictions in the privatization contracts, difficulties in installment payment, and possible renationalization of shares. Comprehensive privatization and registry data are used to estimate the productivity performance of industrial MEBOs, compared with mass transfers to dispersed individuals, sales to domestic and foreign blockholders, and continued ownership by the state. We find that the ownership …


Re Canada Post Corp And Cpaa (Macmillan), Innis Christie Dec 2001

Re Canada Post Corp And Cpaa (Macmillan), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed June 29, 1999 and bearing the expiry date December 31, 2001, which the parties agreed applies here, and in particular of Article 6, in that the Grievor was discharged without just reasonable and sufficient cause. On behalf of the Grievor, the Union requested an order that the Grievor be reinstated on sick leave with any long-term disability benefits to which he was entitled effec­tive the day of his discharge but with no pay and no order that he return to work other than in a supervised environment.


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.


Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie Dec 2001

Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie

Innis Christie Collection

Employee grievance dated September 27, 2000, alleging breach of Article 16 and all other relevant Articles of the Collective Agreement between the Employer and the predecessor Union, the United Steelworkers of America, Local 1015, signed April 23, 1999, which the parties agreed is the Collective Agreement for purposes of this matter, in that the Grievor's claim for short-term disability payments was disallowed by Maritime Life Assurance Company, the administrator/insurer of the Employer's "Flex" (or "Flexible") Benefits Plan.


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.


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 …


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


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 …


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.


Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker Dec 2001

Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of rent extraction in executive compensation. Under the optimal contracting view of executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value by designing an optimal principal-agent contract. Under the alternative rent extraction view that we examine, the board does not operate at arm's length; rather, executives have power to influence their own compensation, and they use their power to extract rents. As a result, executives are paid more than is optimal for shareholders and, …


Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein Dec 2001

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein

Faculty Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …


Re Rk Macdonald Nursing Home Corp And Caw, Local 2107, Innis Christie Nov 2001

Re Rk Macdonald Nursing Home Corp And Caw, Local 2107, Innis Christie

Innis Christie Collection

The four Grievors were in receipt of Long Term Disability (LTD) benefits and also in receipt of Supplementary Health Expense Benefits under their Maritime Life Policy. The Grievors were terminated for innocent absenteeism. The LTD payments continued, but the supplementary benefits stopped because they were no longer employees.


Re Annapolis Valley Regional School Board And Nstu, Innis Christie Nov 2001

Re Annapolis Valley Regional School Board And Nstu, Innis Christie

Innis Christie Collection

The Employer failed to place the Grievor on "leave for injury on duty" with full salary after she became ill, allegedly as a result of workplace conditions which aggravated her asthma. The Union requests the Grievor be paid her full salary and benefits for the sick leave period and that all sick leave, used by her for this purpose, be restored. The issues are whether the Grievor's asthma and/or its aggravation was an "injury in the performance of her duties" and , if so, whether that injury prevented the Grievor from working. The Employer agrees the Grievor was ill, but …


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.


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.


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.


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 the …


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, that …


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.


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.


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.


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

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

Supreme Court Preview

No abstract provided.


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

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

Supreme Court Preview

No abstract provided.


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.


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.