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Full-Text Articles in Law
Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson
Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson
Washington Journal of Law, Technology & Arts
This Article addresses a New Jersey appellate court’s holding which suggests that employers have a common law duty to investigate online misconduct by their employees. In Doe v. XYC Corp., the Appellate Division of the Superior Court of New Jersey held that an employer has a duty to act when (1) it knows that an employee’s use of the Internet would endanger a third person; and (2) it has reason to believe that it may discipline the employee for online activities in the workplace. The court stated that, under this duty to act, an employer must investigate, discipline, and …
Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin
Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin
Washington International Law Journal
Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more and more workers are relying on the new pathways of arbitration and civil suits in local courts. The 1993 Regulations on the Resolution of Enterprise Labor Disputes and the 1994 Labor Law facilitated workers’ access to formal legal forums. Then, in 2006, a Supreme People’s Court (“SPC”) interpretation made a number of important changes to the application of the Labor Law and workers’ access to dispute …
Brief Amici Curiae Of The National Employment Lawyers Association, The Naacp Legal Defense And Educational Fund, Inc., And Marianne Sawicki, In Support Of Respondent, 549 U.S. 1334 (2007) (No. 06-341), 2007 Wl 966520, Eric Schnapper, Marissa Tirona, Theodore Shaw
Brief Amici Curiae Of The National Employment Lawyers Association, The Naacp Legal Defense And Educational Fund, Inc., And Marianne Sawicki, In Support Of Respondent, 549 U.S. 1334 (2007) (No. 06-341), 2007 Wl 966520, Eric Schnapper, Marissa Tirona, Theodore Shaw
Court Briefs
No abstract provided.
What Impact Will The Revised Trade Union Law Of China Have On Foreign Business?, Zana Z. Bugaighis
What Impact Will The Revised Trade Union Law Of China Have On Foreign Business?, Zana Z. Bugaighis
Washington International Law Journal
Cheap labor. Minimal regulations. Bribable officials. Foreign corporations attracted to China because of its low cost of business have avoided the unionization desired by the Chinese Communist Party (“CCP”) despite China’s history of weak trade union laws and inconsistent enforcement of union mandates. However, recent concerns of social unrest have forced the CCP to consider reforming the political tools used to control Chinese society. The CCP wants to create social stability, avoid independent unionization, and prevent the westernization of China. Foreign Investment Enterprises (“FIEs”) present new challenges for labor market regulation in China with their large number of non-unionized workers …
The 2006 Revisions To Japan's Equal Opportunity Employment Law: An Narrow Approach To A Pervasive Probem, Megan L. Starich
The 2006 Revisions To Japan's Equal Opportunity Employment Law: An Narrow Approach To A Pervasive Probem, Megan L. Starich
Washington International Law Journal
In June 2006, Japan changed its approach to employment discrimination by amending the Equal Employment Opportunity Law (“EEOL”). The change was prompted by increased gender discrimination litigation, domestic economic pressures relating to the low birth rate, a stagnant economy and declining labor force, and criticism from the United Nations. The revised law attempts to address several of the shortcomings of the old law. First, Japan has made the law applicable to all workers rather than just to women workers. Second, the revisions expand the scope of the law by including a section on indirect discrimination. Third, the revisions provide greater …
Getting Dooced: Employee Blogs And Employer Blogging Policies Under The National Labor Relations Act, Marc Cote
Getting Dooced: Employee Blogs And Employer Blogging Policies Under The National Labor Relations Act, Marc Cote
Washington Law Review
Statistics show that a growing percentage of American workers maintain personal blogs. The fact that employees use personal blogs to discuss their experiences at work creates concerns for employers and the employees themselves. Employers worry that employee bloggers will make disparaging remarks about their companies, divulge trade secrets, or simply embarrass their companies. Employees worry about job security and their ability to communicate with fellow employees about job-related concerns. Analysis of the legal rights possessed by employee bloggers reveals that the National Labor Relations Act (NLRA) provides employees with protection from adverse employment actions in certain circumstances. The NLRA protects …
Getting Dooced: Employee Blogs And Employer Blogging Policies Under The National Labor Relations Act, Marc Cote
Getting Dooced: Employee Blogs And Employer Blogging Policies Under The National Labor Relations Act, Marc Cote
Washington Law Review
Statistics show that a growing percentage of American workers maintain personal blogs. The fact that employees use personal blogs to discuss their experiences at work creates concerns for employers and the employees themselves. Employers worry that employee bloggers will make disparaging remarks about their companies, divulge trade secrets, or simply embarrass their companies. Employees worry about job security and their ability to communicate with fellow employees about job-related concerns. Analysis of the legal rights possessed by employee bloggers reveals that the National Labor Relations Act (NLRA) provides employees with protection from adverse employment actions in certain circumstances. The NLRA protects …
Ending The Silence: Thai H-2a Workers, Recruitment Fees, And The Fair Labor Standards Act, Andrea L. Schmitt
Ending The Silence: Thai H-2a Workers, Recruitment Fees, And The Fair Labor Standards Act, Andrea L. Schmitt
Washington International Law Journal
Increasing numbers of Thai workers are coming to the United States using “H-2A” temporary agricultural worker visas. Compared with their Latin American counterparts, Thai H-2A workers are more vulnerable to poor working conditions and other abusive employment practices for two reasons. First, the workers often pay large recruitment fees to labor recruiters in Thailand, and they therefore arrive with a much weightier debt burden. This debt, combined with conditions inherent in the H-2A system, puts intense pressure on workers to remain silent. Second, Thai workers are more culturally and linguistically isolated in rural U.S. communities than their Latin American counterparts. …