Law Commons^™

Precarious Work And Independent Contractors: An Overview And Comparative Analysis Of Recent Developments In California And Ontario, Lou Beckett

Canada-United States Law Journal

No abstract provided.

Labor Rights And Dispute System Design: Assessing The Legal Legacy Of The 2022 Qatar World Cup, Zachary R. Calo

Scholarly Works

The aim of this paper is not to relitigate Qatar’s human rights record but to assess the effectiveness of its labor reforms: the principal concern is dispute resolution and enforceability. While Qatar instituted a broad suite of labor law reforms in the years preceding the World Cup, questions remain about whether they have improved access to justice for migrant workers. More attention needs to be given to the dispute settlement system established by Law No. 13 of 2017 to assess if new legal norms translate into enforceable rights. It is argued that the labor dispute system has largely failed by …

Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear. Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.

This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …

#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez

Faculty Scholarship

In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …

Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

Scholarly Works

Employers are increasingly adding clauses to contracts with employees that purport to shorten the statutes of limitation for employees to pursue claims against their employers (“SOL Clauses”). SOL Clauses are being imposed on employees in various stages of the contracting process. They have turned up in job applications, offer letters, arbitration clauses, employment agreements and employee handbooks. Where they have been enforced by the courts, the justification has been a prioritization of “freedom of contract” over any other policy concerns. This Article argues that, in the employment context, “freedom of contract” should not be prioritized over other competing concerns, which …

Nondomination And The Ambitions Of Employment Law, Aditi Bagchi

Faculty Scholarship

There is something missing in existing discussions of domination. While republican theory and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the role of the state in limiting it. Private law allows us to recognize domination in wrongs by one person against another, …

How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams

Graduate Theses/Dissertations

The foster care field continues to have a high turnover rate of the professionals working in the field. While support and work balance are available for some professionals, many face the challenges of heavy workloads, unrealistic expectations, and health sacrifices that lead to many professionals leaving the field. This case study of one former foster care professional’s description of reasons they worked in the field, and reasons they ultimately left the field provides insight of the challenges and support as a foster care professional. The findings of this study are organized into three major themes including “Challenges for Foster Care …

The Work-Life Virus: Working From Home And Its Implications For The Gender Gap And Questions Of Intersectionality, Tammy Katsabian

Oklahoma Law Review

No abstract provided.

Nil: The Title Iv Financial Aid Enigma, Kathryn Kisska-Schulze

Oklahoma Law Review

No abstract provided.

Defining Genetic Information Under Gina, Shane Padilla

Cleveland State Law Review

The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …

From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet

Journal of Law and Health

Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …

Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg

University of Cincinnati Law Review

No abstract provided.

Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander

School of Business: Faculty Publications and Other Works

Popular approaches to building data from unstructured text come with limitations, such as scalability, interpretability, replicability, and real-world applicability. These can be overcome with Context Rule Assisted Machine Learning (CRAML), a method and no-code suite of software tools that builds structured, labeled datasets which are accurate and reproducible. CRAML enables domain experts to access uncommon constructs within a document corpus in a low-resource, transparent, and flexible manner. CRAML produces document-level datasets for quantitative research and makes qualitative classification schemes scalable over large volumes of text. We demonstrate that the method is useful for bibliographic analysis, transparent analysis of proprietary data, …

Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane

Villanova Law Review (1956 - )

No abstract provided.

Wage Theft In Construction Is The Greatest Form Of Theft And We Do Nothing About It, Alexandra B. O'Connor

Capstones

I looked at the construction industry in New York City and state to analyze the prevalence of wage theft. The unaccounted and accounted for wage theft in the industry directly correlates with its low-wage and immigrant workforce.

Comments On Worker Classification Proposed Rule For Flsa Purposes Rin 1235-Aa43, Samantha J. Prince, Taylor Haberle, Lauren E. Stahl

Faculty Scholarly Works

No abstract provided.

Last Rights: A Theory Of Individual Impact, Kenneth R. Davis

Brooklyn Law Review

Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …

Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes

Articles & Book Chapters

This article addresses the challenges raised by the introduction of algorithmic management and artificial intelligence in the world of work, focusing on the risks that new managerial technologies present for fundamental rights and principles, such as non-discrimination, freedom of association and the right to privacy. The article argues that collective bargaining is the most suitable regulatory instrument for responding to these challenges, and that current EU legislative initiatives do not adequately recognise the role of collective bargaining in this area. It also maps current initiatives undertaken by national trade union movements in Europe to govern algorithmic management.

Labor And Employment Law, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2021 to May 31, 2022, that affect labor and employment relations for Georgia employers.

Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry

Washington Law Review

Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …

Non-Compete Agreements In Kansas & Missouri, Benjamin P. Wietharn

Law Student Works

This legal research guide is not legal advice. It is a guide to researching the issue of noncompete agreements or covenants not to compete in the states of Kansas and Missouri. It was created by a law student in an advance legal research class. It is intended for attorneys or law students. The guide includes an outline of legal research resources (with descriptions) for time sensitive research, primary sources and secondary sources.

Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker

International Symposium on New Perspectives on Worker Subordination

No abstract provided.

Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker

Articles & Book Chapters

This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …

Big Data Affirmative Action, Peter N. Salib

Northwestern University Law Review

As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …

Independent Contractors In Law And In Fact: Evidence From U.S. Tax Returns, Eleanor Wilking

Northwestern University Law Review

Federal tax law divides workers into two categories depending on the degree of control exercised over them by the service purchaser (i.e., the firm): employees, who are subject to direct supervision; and independent contractors, who operate autonomously. Such worker classification determines the administration of income tax and what it subsidizes, as well as which nontax regulations pertain, such as workplace safety and antidiscrimination protections. The Internal Revenue Service and other federal agencies have codified common law agency doctrine into multifactor balancing tests used to legally distinguish employees from independent contractors. These tests have proved challenging to apply and costly to …

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Ohio Northern University Law Review

No abstract provided.

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Where are we in labor law and how did we get here? Why is labor relations so litigious in sports? What is contributing to the uptick in unionization efforts at Starbucks and Amazon, among others? Join us to hear our distinguished panel discuss current developments and labor law disputes from a historical perspective.

Panelists include National Labor Relations Board (NLRB) Member Gwynne A. Wilcox, Professor of Practice David J. Weisenfeld, and Former Adjunct Professor Dan Silverman, who held various positions at the NLRB including Regional Director in Manhattan and Acting General Counsel. Professor David Rudenstine will moderate the conversation.

Click …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

Emporium Fresh Foods Limited T/A Food Lovers Market And Gourment Market Limited V. Kapya Chisanga Caz Appeal No. 44/2021, Chanda Chungu

SAIPAR Case Review

The Respondent, Mr. Kapya Chisanga was alleged to have disclosed information to people, without authority. Following this, he was summarily dismissed. The Respondent challenged his dismissal in the High Court alleging that his dismissal was wrongful, unlawful, and unfair. The High Court held that the Respondent’s dismissal was wrongful, unlawful, and unfair, and granted 24 months salary as damages. The employer subsequently appealed the matter to the Court of Appeal for determination.

The Court of Appeal held that before an employer summarily dismisses an employee, the employee must be subject to a due process. According to the Court of Appeal, …

Standard Chartered Bank Plc V Celine Meena Nair [2019] Zmca 221, Ntemena Mwanamwambwa, Milambo Chibbonta-Pupwe

SAIPAR Case Review

This case is one of a kind and therefore significant for several reasons in the jurisprudence of Zambian Employment Law. The case highlights that the employer-employee relationship is one founded on the implied term of mutual trust and confidence which entails that both parties must accord each other due trust and respect regardless of status.

The decision in this case, sets a clear and stern tone in cases of constructive dismissal bordering on toxicity within the working environment. Thus, employers are put on notice to adhere to their own grievance procedures particularly in cases involving bullying, harassment and victimization such …