Law Commons^™

Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson

Ariana R. Levinson

We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …

Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson

Ariana R. Levinson

No abstract provided.

Carpe Diem: Privacy Protection In Employment Act, Ariana R. Levinson

Ariana R. Levinson

What these employees have in common is that their employers technologically monitored them, invading their privacy, yet their lawsuits were dismissed.6 Indeed, scholars generally agree that the law in the United States fails to adequately protect private sector employees from technological monitoring by their employers.7 This article proposes a solution: federal legislation intended to permit private sector employers to monitor their employees when necessary but to also provide their employees adequate privacy protection.8 Section II reviews the nature and extent of the problem of technological monitoring of employees by their employers. Section III surveys the laws and proposed legislation that …

Questioning The D.C. Circuit; Harmonizing Board Precedent: Why Mere Presence Of An Organizer Should Not Invalidate A Board Election, Ariana R. Levinson

Ariana R. Levinson

No abstract provided.

Industrial Justice: Privacy Protection For The Employed, Ariana R. Levinson

Ariana R. Levinson

No abstract provided.

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

Ariana R. Levinson

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

Panel 1: Democracy And Work, Christopher David Ruiz Cameron, Richard Bales, Ellen Dannin, Robert Hebdon, Ariana Levinson, Michael Wasser, Ryan Lamare

Ariana R. Levinson

Moderator: Christopher David Ruiz Cameron

Panelists:

Richard Bales: Workplace Populism

Christopher David Ruiz Cameron: Democracy at Large and Democracy at Work: Four Models of Workplace Governance

Ellen Dannin: Work in a Democratic Society: Not Just Jobs, but Good Jobs

Robert Hebdon: Freedom of Association as a Fundamental Human Right

Ariana Levinson: Movements of Consensus and Conflict: Founding Worker Cooperatives

Michael Wasser & Ryan Lamare: Unions as Conduits of Democratic Voice for Non-elites: Work Politicization from the Shop Floor to the Halls of Congress