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Articles 1 - 7 of 7
Full-Text Articles in Law
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
All Faculty Scholarship
The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate in employment, consumer and franchise contracts. Although changes in the ideological composition of Congress mean that the AFA has little chance of enactment in the foreseeable future, mini-AFAs have been enacted banning pre-dispute arbitration agreements as applied to sexual harassment claims by employees of defense contractors and whistleblower claims by employees in the securities and commodities industries. This article charts a middle ground between those who would ban pre-dispute arbitration mandates in employment contracts completely and those who would leave them unregulated. After surveying the empirical evidence …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
All Faculty Scholarship
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
All Faculty Scholarship
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox
Institute for Law and the Workplace Lectures
This lecture discusses the impact of the recent recession, both directly and indirectly, on the rights of workers in the U.S. and internationally. Employers are increasingly relying on temporary/contingent workers, and even unpaid interns who have few jobs protections and no benefits. This practice negatively impacts the wages and bargaining power of the core labor force as well as overall job creation. Particularly pronounced is the misclassification of jobs and failure to pay minimum wage and/or overtime benefits contrary to contractual requirements. There is evidence that the recession has made it politically acceptable to re-write existing employment agreements, with federal …
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin
Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin
All Faculty Scholarship
Beginning in December 2010, a virtual tsunami of legislative change hit public sector labor law. The change was fueled by a view that public employee unions were exercising outsized power and a privileged position of exclusive access to public decision-makers to extract excessive wages and benefits, protect employees who were poor performers, stifle incentive to excel and stifle innovation. This article evaluates these reforms which increased public employer power to act unilaterally in light of my prior work on collective representation of public employees. That prior work focused on how public sector labor law doctrine channels union representation into narrow …
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
All Faculty Scholarship
Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …