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Labor and Employment Law

2006

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Full-Text Articles in Law

Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen Dec 2006

Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review in a workers’ compensation matter.


Atlantic Pilotage Authority V Cmsg, Innis Christie Dec 2006

Atlantic Pilotage Authority V Cmsg, Innis Christie

Innis Christie Collection

INTRODUCTION. The "RESOLUTION OF CONTRACT RENEWAL DISPUTES AGREEMENT" of April 24, 2003 between the parties, under which I am proceeding here, provides: The purpose of this agreement is to establish a binding dispute resolution process to be utilized in circumstances where the parties have engaged in collective bargaining for the purpose of entering into a collective agreement but have failed to reach a settlement. Under such circumstances the following process shall be used to conclude all outstanding issues for the renewal of the collective agreement:


Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin Dec 2006

Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin

Suffolk University Law School Faculty Works

How is it possible that sex-specific workplace dress and appearance codes do not constitute sex discrimination? I argue in this article that the general doctrines of employment discrimination law do not themselves provide a principled basis for distinguishing sex-dependent workplace dress codes from other kinds of policies that would clearly count as sex discrimination, and that supplementary strategies that courts have used to carve out dress and grooming codes as an area of separate concern are either inconclusive or question-begging. I then consider whether the courts' seemingly sui generis approach to sex-dependent restrictions on dress and grooming can be justified …


Re Cupe And Canadian Staff Union (Reynolds), Innis Christie Dec 2006

Re Cupe And Canadian Staff Union (Reynolds), Innis Christie

Innis Christie Collection

The Employer posted a position located in Halifax. The Grievor was denied the position because he was not prepared to relocate to Halifax due to family responsibilities. The Union grievance alleged that the Employer breached the Collective Agreement which prohibits discrimination based on marital status and place of residence, and that the Grievor's request to commute should have been accommodated. The Employer believed the position needed to be located in Halifax and that commuting from Newfoundland would not be effective.


Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift Dec 2006

Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift

ExpressO

This article adresses the divergent approaches currently taken by courts after finding an unreasonable term in an employer-employee noncompete agreement. The article begins by reviewing basic standards used to determine if the terms of a noncompete agreement are reasonable. The article then addresses and analyzes the three approaches used by courts after finding an unreasonable term: finding the agreement void in its entirety, using the "Blue Pencil" doctrine to eliminate unreasonable terms and enforce the remaining terms, and using the court's equitable powers to not only remove unreasonable terms, but to rewrite those terms to make them reasonable. The article …


Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii Dec 2006

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2005 to May 31, 2006. This Article also highlights specific revisions to the Official Code of Georgia Annotated.


Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore Dec 2006

Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?


The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian Nov 2006

The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian

ExpressO

This is a paper demonstrating the shortcomings of the current jurisprudence in the U.S. with regards to the readings of Title VII's construction of the word "sex." Currently sexual minorities are not considered within Title VII and therefore sexual minorities are not offered the same protections under this Congressional Act. This paper shows how this is a misreading of the statute and how it should include protection for sexual minorities.


Agenda, Workplace Flexibility 2010, Georgetown University Law Center Nov 2006

Agenda, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The agenda of the Workers with Disabilities: The Role of Workplace Flexibility event held November 13, 2006.


Flyer, Cornell University Nov 2006

Flyer, Cornell University

Conferences, Panels, and Events

A flyer advertising the Workers with Disabilities: The Role of Workplace Flexibility event on November 13, 2006 hosted by Cornell University on behalf of Workplace Flexibility 2010.


Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center Nov 2006

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of the panelist of the Workers with Disabilities: The Role of Workplace Flexibility event held November 13, 2006.


Families And Work Institute Presentation, Tyler Wigton Nov 2006

Families And Work Institute Presentation, Tyler Wigton

Conferences, Panels, and Events

The Families and Work Institute Presentation: The State of the American Workforce & Workplace. Prepared by Tyler Wigton on behalf of Workplace Flexibility 2010.


Workers With Disabilities: The Role Of Workplace Flexibility, Workplace Flexibility 2010, Georgetown University Law Center Nov 2006

Workers With Disabilities: The Role Of Workplace Flexibility, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A fact sheet for Workers with Disabilities: The Role of Workplace Flexibility covering the following:

1) What are the trends in workforce participation of individuals with disabilities?

2) How does the structure of work limit the employment of people with disabilities?

3) What is the role of workplace flexibility in the employment of individuals with disabilities?

4) The need for flexibility among people with disabilities matches the growing interest in flexibility for all workers.


Cornell University Presentation, Susanne M. Bruyere, Ph.D., Crc Nov 2006

Cornell University Presentation, Susanne M. Bruyere, Ph.D., Crc

Conferences, Panels, and Events

The Cornell Presentation: Workplace Flexibility, Accommodation and Disability: Tools for Workforce Productivity. Prepared by Susanne M. Bruyere, Ph.D. , CRC Employment and Disability Institute Cornell University School of Industrial and Labor Relations Ithaca, New York on behalf of Workplace Flexibility 2010.


Ilo Labour Standards And “Irregular” Migration: Relevance And Gaps,, Piyasiri Wickramasekara Nov 2006

Ilo Labour Standards And “Irregular” Migration: Relevance And Gaps,, Piyasiri Wickramasekara

PIYASIRI WICKRAMASEKARA

No abstract provided.


“Statistical Dueling” With Unconventional Weapons: What Courts Should Know About Experts In Employment Discrimination Class Actions, William T. Bielby, Pamela Coukos Oct 2006

“Statistical Dueling” With Unconventional Weapons: What Courts Should Know About Experts In Employment Discrimination Class Actions, William T. Bielby, Pamela Coukos

ExpressO

When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in systematic gender or racial disparities in pay and promotion. At class certification, plaintiffs have relied in part on statistical analyses of the company’s workforce showing companywide inequality. Defendants have responded with statistical presentations of their own, which frequently demonstrate widely varying outcomes for members of protected groups in different geographic areas of the …


Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García Oct 2006

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry Oct 2006

A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry

ExpressO

My essay is a review of Jeremy Blachman’s new book, Anonymous Lawyer. The book is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). In this review essay, I discuss why the blog struck a chord with so many readers, and why the novel Anonymous Lawyer contains a serious message about employment at law firms. First, I place Anonymous Lawyer within the tradition of satire surrounding the legal profession. Specifically, I compare Blachman’s novel to John Jay Osborne Jr.’s earlier novel The Associates, which also takes …


Compulsory Labor In A National Emergency: Public Service Or Involuntary Servitude? The Case Of Crippled Ports, Michael H. Leroy Oct 2006

Compulsory Labor In A National Emergency: Public Service Or Involuntary Servitude? The Case Of Crippled Ports, Michael H. Leroy

ExpressO

The 13th Amendment ban on involuntary servitude has new relevance as the U.S. grapples with national emergencies such as catastrophic hurricanes, flu pandemics, and terrorism. This Article considers work refusal and coerced work performance in life-threatening employment contexts. Overwhelmed by fear, hundreds of police officers and health care workers abandoned their jobs during Hurricane Katrina. Postal clerks worked against their will without masks in facilities with anthrax. A report by Congress worries that avian flu will cause sick and frightened medical personnel to stay away from work, thus jeopardizing a coherent response to a crisis.

How far can the U.S. …


Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald Oct 2006

Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald

ExpressO

This paper uses the issue of runaway production as a looking glass into the complex world of Hollywood economics and politics. As such, a broad overview of Hollywood's business practices, history, and technology are discussed so the reader can understand how runaway production (a major issue itself) is one piece of the Hollywood puzzle. Specifically, this paper attempts to study runaway productions from the Law and Economics approach described in Judge Richard Posner's text on the subject. Events in 2006 illustrate the continuing importance of runaway productions and CEIDR's August 2006 report is discussed in this paper.

Recently expanded, this …


Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus Oct 2006

Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus

ExpressO

Reforming Mexico’s Labor Law for Independent Labor Unions analyzes the legal difficulties Mexican independent labor unions face in establishing themselves and proposes a legislative solution. The methodology used examines the institutionalized behaviors of the administrative labor boards and businesses, which prevent the formation of independent labor unions. The discretion that Mexican labor law affords the labor boards and businesses explains, in large measure, the obstacles facing independent labor unions. Having analyzed the relevant legal framework this article proposes specific legislation to strengthen these independent labor unions. Within the context of a developing country, Reforming Mexico’s Labor Law for Independent Labor …


Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie Oct 2006

Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie

Innis Christie Collection

The Union and Grievor believe the Employer discriminated against the latter by not returning him to an agreed position after an absence due to illness. They also believe the Employer failed to accommodate the Grievor's return to the work. The remedy requested was a return to his former position, or to the agreed position after his illness, and damages. The Employer was concerned about both legal and moral issues in the event that the Grievor was not able to fully perform his duties.


Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams Oct 2006

Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams

Human Rights & Human Welfare

© Roy J. Adams. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.


Whistleblower Protections Under The Sarbanes-Oxley Act: A Primer And A Critique, Valerie J. Watnick Oct 2006

Whistleblower Protections Under The Sarbanes-Oxley Act: A Primer And A Critique, Valerie J. Watnick

ExpressO

In the wake of scandals involving Enron Corporation, Arthur Andersen and other corporations, Congress enacted the landmark Sarbanes-Oxley Act of 2002, the Corporate and Criminal Fraud Accountability Act of 2002 (hereinafter the “Act” or “Sarbanes-Oxley”).This article critically examines the whistleblower protections afforded employees under Sarbanes-Oxley. Part I of the article considers the statutory language, the legislative history, and the regulations pursuant to the Act. Part II of the article examines recent decisions by the U.S. Department of Labor in Sarbanes-Oxley whistleblower cases (cases under the Act are initially adjudicated by the Department of Labor) and the overall framework for implementation …


Vol. 23, No. 4, Arnold G. Rubin Oct 2006

Vol. 23, No. 4, Arnold G. Rubin

The Illinois Public Employee Relations Report

Contents:

The Injured Public Employee: Accidental Injuries in the Public Sector Workplace, by Arnold G. Rubin

Recent Developments

Further References, compiled by Yoo-Seong Song


Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges Oct 2006

Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges

Law Faculty Publications

Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.


Fragmenting Work And Fragmenting Organizations: The Contract Of Employment And The Scope Of Labour Regulation, Judy Fudge Oct 2006

Fragmenting Work And Fragmenting Organizations: The Contract Of Employment And The Scope Of Labour Regulation, Judy Fudge

Osgoode Hall Law Journal

This article diagnoses the conceptual and normative crisis of the scope of labour protection as resulting from the conception of employment as a personal and bilateral contract between an employee and a unitary employer that is characterized by the employee's subordination. It argues that the related fragmentation of organizations and fragmentation of work reveals the extent of the problem with this legal conceptualization of employment. The article offers an approach to reconceptualizing the scope of labour protection that is based on an understanding of personal work arrangements and enterprises as activities. It justifies this approach in terms of the goals …


Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein Oct 2006

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

UF Law Faculty Publications

When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.


There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow Oct 2006

There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow

Michigan Law Review

This Note argues that outside of labor disputes, sports leagues should be presumed to be single entities. Part I argues that professional sports leagues are single entities in disputes regarding league-wide, non-labor policy. In particular, the focus of the Supreme Court's jurisprudence on economic reality rather than organizational form necessitates a finding that professional sports leagues are single entities in non-labor disputes. Part II argues that professional sports leagues are not single entities for purposes of labor disputes; sports leagues, on the whole, do not involve a unity of interest for labor matters. More importantly, existing precedent outside of the …