Law Commons^™

The Future Of The Cadillac Tax, Kathryn L. Moore

Law Faculty Scholarly Articles

The Affordable Care Act includes a 40 percent excise tax on high-cost employer-sponsored health care coverage. Often referred to as the “Cadillac tax,” this excise tax is one of the most controversial elements of the Affordable Care Act.

Currently scheduled to go into effect in 2020, the Cadillac tax poses serious challenges and uncertainty for employers. On the one hand, recent estimates suggest that the Cadillac tax may hit as many as 20 percent of employers with health care plans in 2020. On the other hand, there is a serious question as to whether the tax will be repealed before …

Joseph Grodin's Contributions To Public Sector Collective Bargaining Law, Alvin L. Goldman

Law Faculty Scholarly Articles

The Labor Law Group, established in the early 1950s, is a unique consortium of labor law professors, and usually a practitioner or two, devoted to improving labor and employment law teaching and scholarship. Its primary activities have been publication of course books and sponsorship of conferences on important new developments. All royalty income goes into a trust fund used solely for carrying on the Group's work. By luck more than by merit, I was invited to join the Group around 1969. Because I had practiced labor law for only a few years on the East Coast before entering law teaching …

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Law Faculty Scholarly Articles

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.

Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries

Law Faculty Scholarly Articles

In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …

The Pay Or Play Penalty Under The Affordable Care Act: Emerging Issues, Kathryn L. Moore

Law Faculty Scholarly Articles

The Affordable Care Act does not require that employers provide employees with health care coverage. It does, however, impose an excise tax on large employers that fail to offer their employees affordable employer-sponsored health care coverage. The excise tax, commonly referred to as a “pay-or-play penalty,” was scheduled to go into effect beginning in 2014. The United States Treasury Department (“Treasury”), however, has delayed enforcement of the penalty until 2015 for employers with 100 or more full-time employees, and until 2016 for employers with 50 to 99 employees.

Implementation of the pay-or-play penalty has given rise to a host of …

A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore

Law Faculty Scholarly Articles

The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States, however, is not the only nation in which employers play an important role in the financing of health care. Indeed, long before employment-based health insurance became common in the United States, countries with social insurance systems, such as France, Germany, Hungary, and the Czech Republic, provided for the delivery of mandatory social insurance benefits, including health insurance, through the workplace.

This article explores the role of the employer in the health care system in one such country: France. The French health …

An Overview Of The U.S. Retirement Income Security System And The Principles And Values It Reflects, Kathryn L. Moore

Law Faculty Scholarly Articles

This article is designed to provide an overview of the U.S. retirement income security system from a comparative law perspective. Like many countries, the U.S. has a three tier pension or retirement income system, with the three tiers consisting of (1) Social Security, (2) employment-based pensions, and (3) individual savings. Thus, superficially, the U.S. retirement income security system resembles that of many around the world. Yet, in other ways, such as its focus on individual rights and responsibility, the U.S. system is unique.

The article begins by discussing the nine guiding principles of the U.S. Social Security system as identified …

9th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 9th Biennial Employment Law Institute held by UK/CLE in June 2004.

8th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 8th Biennial Employment Law Institute held by UK/CLE in June 2002.

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

7th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, George J. Miller, W. Kevin Smith, James G. Fogle, Theresa C. Gilbert, Donna H. Terry

Continuing Legal Education Materials

Materials from the 7th Biennial Employment Law Institute held by UK/CLE in June 2000.

Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld

Law Faculty Scholarly Articles

This brief comment examines the United States Court of Appeals for the Third Circuit decision in Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir. 1997).

4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner

Continuing Legal Education Materials

Materials from the 4th Biennial Employment Law Institute held by UK/CLE in June 1994.

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …

Employment Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Matthew R. Westfall, Alvin L. Goldman, Jon L. Fleishaker, Carl B. Boyd Jr., Marvin L. Coan, Carolyn S. Bratt, Michael W. Hawkins, Richard C. Stephenson, Dorothy M. Pitt, Paul H. Tobias, Judith B. Hoge

Continuing Legal Education Materials

Outlines of speaker presentations at the Employment Law Seminar held by UK/CLE on January 22-23, 1988.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

Faculty Collective Bargaining And The Law Schools, Alvin L. Goldman

Law Faculty Scholarly Articles

Introductory address for a panel discussion at the annual meeting of the Association of American Law Schools.

Collective Bargaining Without Work Stoppage?, Alvin L. Goldman

Law Faculty Scholarly Articles

Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …

Book Review | Labor Arbitration - A Dissenting View By Paul Hays (Storrs Lectures On Jurisprudence 1964), Alvin L. Goldman

Law Faculty Scholarly Articles

This book review examines Labor Arbitration - A Dissenting View by Paul Hays (Storrs Lectures on Jurisprudence 1964).