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Labor and Employment Law

2004

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Full-Text Articles in Law

A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde Dec 2004

A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde

Rutgers Law School (Newark) Faculty Papers

Transnational labor standards are modeled as cooperative solutions to the class of strategic dilemmas known as Stag Hunts, in which all actors would gain from a cooperative solution, but only if all cooperate. If you think a partner will defect, your best strategy is also to defect. Intuitively, India, Pakistan, and Bangladesh will all be better off if none of their children work and all go to school; however if one defects from this agreement it will capture a stream of foreign investment linked to child labor. Understanding Stag Hunts explains why transnational labor standards are found both in genuinely …


Who Speaks For The Working Poor?: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde Dec 2004

Who Speaks For The Working Poor?: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde

Rutgers Law School (Newark) Faculty Papers

Recent advocacy campaigns for low-wage service workers in New York City reveal a new pattern of representation by legal avocacy groups (like National Employment Law Project or law school clinics), governmental actors (like the state Attorney General or New York City Council), and immigrant rights groups. Such campaigns have won important economic and legal victories for Mexican workers in Korean greengroceries, West African delivery personnel for supermarkets and drug chains, and domestic workers. They have not, however, institutionalized workplace or political representation for these groups. Unions have either been passive, outmaneuvered, or played negative roles in these campaigns. This pattern …


Employment Discrimination In A High Velocity Labor Market, Alan Hyde Dec 2004

Employment Discrimination In A High Velocity Labor Market, Alan Hyde

Rutgers Law School (Newark) Faculty Papers

Silicon Valley employers employ few African-Americans, Latino/as, or older workers, yet do not fit the usual paradigms of employment discrimination: they exhibit no taste for uniformity and do not employ job tournaments or internal labor markets. A new model of employment discrimination attributes disparate hiring in Silicon Valley to a combination of: demands for specific skill sets at hiring (the opposite of the subjective criteria that have long beguiled scholars of discrimination) and concomitant refusal to train; hiring through networks of personal contacts; and rewards to career paths that alternate employment with self-employment. Overcoming the disparate impact of these employment …


Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms, James J. Brudney Dec 2004

Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article is the first comprehensive treatment of neutrality agreements, which are themselves the most important development in Labor Law for decades. The labor movement's new approach to organizing displaces NLRB-supervised elections with negotiated agreements that provide (i) for employers to remain neutral during an upcoming union campaign, and (ii), in most instances, for employees to decide if they want to be represented through signing authorization cards rather than through a secret ballot election. The article demonstrates the substantial, perhaps predominant, role played by this new contractually-based approach over the past 5-10 years; it also explains why so many employers …


The Defined Contribution Paradigm, Edward A. Zelinsky Dec 2004

The Defined Contribution Paradigm, Edward A. Zelinsky

Articles

Pension cognoscenti have frequently remarked on the stagnation of defined benefit pensions and the concomitant rise of defined contribution plans. I suggest that, over the last generation, something even more fundamental has occurred, something that can justly be called a paradigm shift. Americans today primarily conceive of and implement retirement savings in the form of individual accounts. Such accounts have become primary instruments of public policy, not just for retirement savings, but increasingly for health care and education as well.


Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly Dec 2004

Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly

Tools for Inclusion Series, Institute for Community Inclusion

Every state has a vocational rehabilitation agency that is designed to help individuals with disabilities meet their employment goals. Vocational rehabilitation agencies assist individuals with disabilities to prepare for, get, keep, or regain employment. This publication answers questions frequently asked by individuals with disabilities. For consumers.


Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan Nov 2004

Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan

The Institute Brief Series, Institute for Community Inclusion

College students with disabilities enter with less work experience and have a harder time finding jobs than their nondisabled peers. Experiential education-- mentoring, internships, job shadowing, and so on-- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education.


Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham Oct 2004

Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham

Articles

No abstract provided.


Institute Brief: Taking The Mystery Out Of Customer Service, Heike Boeltzig, Lora Brugnaro, Cecilia Gandolfo, Amy Gelb, Karen Zimbrich, Lara Enein-Donovan, Cindy Tsui, Joy Gould Oct 2004

Institute Brief: Taking The Mystery Out Of Customer Service, Heike Boeltzig, Lora Brugnaro, Cecilia Gandolfo, Amy Gelb, Karen Zimbrich, Lara Enein-Donovan, Cindy Tsui, Joy Gould

The Institute Brief Series, Institute for Community Inclusion

With the current emphasis on universal access to employment services for all members of the community, the workforce development field needs to evaluate service delivery. A "mystery shopper" program is one of many evaluation tools available to ensure continuous quality improvement and customer satisfaction. This technique allows organizations to collect data on the experiences of One-Stop Career Center customers from the customer perspective. The brief includes a sample shopper questionnaire.


Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort Oct 2004

Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort

Scholarly Works

This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.

The three principal federal anti-discrimination statutes - Title VII, the …


How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope Sep 2004

How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope

Rutgers Law School (Newark) Faculty Papers

This essay recounts the origins of five statements of labor law made by the Supreme Court, each of which has had a devastating impact on the American labor movement. The five statements are: (1) Workers have no right of self-defense against employers that commit unfair labor practices (NLRB v. Fansteel Metallurgical Corporation); (2) Employers enjoy the right permanently to replace economic strikers (NLRB v. Mackay Radio & Telegraph Company); (3) The National Labor Relations Board has no power to deter unfair labor practices (Consolidated Edison Company v. NLRB); (4) Employers may exclude union organizers from their property (Lechmere, Inc. v. …


Instructors' Manual On Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson Sep 2004

Instructors' Manual On Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson

Bureau of Labor Education

This instructors' manual contains step by step approaches that instructors can use when teaching from the project book entitled: Achieving Health and Safety in the Building and Repair of Ships and Boats. The chapters in this manual match those contained in the book.


Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson, Valerie Carter, Jane Crouch Sep 2004

Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson, Valerie Carter, Jane Crouch

Bureau of Labor Education

In 2002 there were over 5,500 fatalities reported by industries in the United States. A total of 4.7 million injuries and illnesses were reported in private sector workplaces in 2002, resulting in a rate of 5.3 cases per 100 equivalent fulltime workers. The Liberty Mutual 2002 Workplace Safety Index estimates that direct costs for occupational injuries in 1999 rose to $40.1 billion, with indirect costs reaching over $200 billion. Shipyard work is very hazardous, with an injury-illness incidence rate of 16.6 that is more than twice that of construction and general industry.4 While boatyard work is more diverse, and usually …


Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 2: Non-Work Services, Jennifer Sullivan Sulewski, Heike Boeltzig, Deborah Metzel, John Butterworth, Dana Scott Gilmore Sep 2004

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 2: Non-Work Services, Jennifer Sullivan Sulewski, Heike Boeltzig, Deborah Metzel, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

The second in a series exploring the services people with developmental disabilities receive from community rehabilitation providers (CRPs). Despite recent ideological emphasis on work, the majority of CRPs continued to offer non-work programs and a substantial proportion of the people they served were involved in those programs. Overall, the findings raise questions about CRP commitment to community integration.


Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 1: Overview Of Services And Provider Characteristics, Deborah Metzel, Heike Boeltzig, John Butterworth, Dana Scott Gilmore Aug 2004

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 1: Overview Of Services And Provider Characteristics, Deborah Metzel, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

Two briefs examine the services people with developmental disabilities receive from community rehabilitation providers (CRPs). Despite recent emphasis on work in the disability field, people with DD were predominantly in sheltered employment or non-work services. Of people with DD in integrated employment, the majority had individual competitive jobs. However, three group employment models had above-average percentages of individuals with DD.


How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab Jul 2004

How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab

Cornell Law Faculty Publications

This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …


Supreme Court Watch, Reginald Oh Jul 2004

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.


Research To Practice: State Agency Systems Collaboration At The Local Level: Gluing The Puzzle Together, The Staff Perspective, Gabriella Santoro Rado, Doris Hamner, Susan Foley Jul 2004

Research To Practice: State Agency Systems Collaboration At The Local Level: Gluing The Puzzle Together, The Staff Perspective, Gabriella Santoro Rado, Doris Hamner, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Some states acknowledge the benefits of interagency collaboration but have trouble putting it into action. ICI researchers worked with local offices to help them improve the One-Stop Career Center network for people with disabilities. This brief gives an "in the trenches" view of tools that worked.


Re Atlantic Pilotage Authority And Canadian Merchant Service Guild, Innis Christie Jun 2004

Re Atlantic Pilotage Authority And Canadian Merchant Service Guild, Innis Christie

Innis Christie Collection

Employee Grievances alleging breach of Article 27.05 of the Collective Agreement between the parties dated October 16, 2000, which the parties agreed is the Collective Agreement that governs this matter, in that the Union alleges that each of the Grievors was given notice of recall in accordance with Article 27.05, each was available for the ten-hour period as required and each submitted a request to be paid in accordance with Article 27.05, which was refused. The Union seeks an order that the Employer pay each Grievor at the rate of pay specified in Article 27.05.


Market Symmetry And The Tax Efficiency Of Equity Compensation, David I. Walker Jun 2004

Market Symmetry And The Tax Efficiency Of Equity Compensation, David I. Walker

Faculty Scholarship

At first blush, the deferral of employee income recognition associated with equity compensation appears to provide a tax advantage in a rising market but an offsetting disadvantage in a declining market. Merton Miller and Myron Scholes argued, however, that this apparent symmetry is misleading and that employees can hedge to ensure tax efficiency despite market uncertainty. This article demonstrates that the effect of employee hedging is fairly small, but that a combination of factors, including capital loss limitations, the possibility of employee-favorable ex post adjustments to equity compensation arrangements, and employee hedging, do cause compensatory stock grants and nonqualified options …


9th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Jun 2004

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.


From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel May 2004

From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel

Articles

No abstract provided.


The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab May 2004

The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab

Cornell Law Faculty Publications



Ten Years (Or So) After Gilmer: Arbitration Of Employment Law Claims Under The Federal Arbitration Act And The Role Of Rhode Island Law, Michael J. Yelnosky Apr 2004

Ten Years (Or So) After Gilmer: Arbitration Of Employment Law Claims Under The Federal Arbitration Act And The Role Of Rhode Island Law, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Mediation And The Transformation Of American Labor Unions, Ann C. Hodges Apr 2004

Mediation And The Transformation Of American Labor Unions, Ann C. Hodges

Law Faculty Publications

First, the Article analyzes in more detail the changes in the workplace that have led to various proposals for reform. Then the Article looks at the potential for mediation of claims that do not arise out of the collective bargaining agreement, analyzing the possible benefits from the point of view of employers, employees and unions. Next, some of the issues and obstacles to mediation are reviewed. Ultimately the Article concludes that the benefits of mediation outweigh the disadvantages and that in most collective bargaining relationships the obstacles should not prevent either negotiation of such provisions or their successful use for …


Secondary Picketing In Canada: Thoughts For The Pepsi Generation, Henry Dinsdale, Dan Awrey Apr 2004

Secondary Picketing In Canada: Thoughts For The Pepsi Generation, Henry Dinsdale, Dan Awrey

Cornell Law Faculty Publications

Before the Supreme Court of Canada's decision in Retail, Wholesale and Department Store Union, Local 558 v. Pepsi-Cola, the law on secondary picketing was a murky and often inconsistent area of jurisprudence. Yet the Court's attempt to clarify the issue by declaring the per se legality of secondary picketing may have muddied the waters even more. Specifically, the authors argue, the Court's reliance on the U.S. Supreme Court's Tree Fruits decision and the distinction it draws between general and struck product picketing may have made the law even more difficult to apply.

The authors contend that such a distinction ignores …


The Tax Efficiency Of Stock-Based Compensation, Michael S. Knoll Mar 2004

The Tax Efficiency Of Stock-Based Compensation, Michael S. Knoll

All Faculty Scholarship

Over the last two decades, the use of company stock and options thereon to compensate and motivate employees has become widespread. Defenders of stock-based compensation argue that it creates value for shareholders because it encourages employees to work harder and with a common purpose. Critics, however, are less sure and stock-based compensation has come under heavy attack from investors, commentators and academics. Critics argue that it imposes excessive risk on employees and overstates net income. To date, there has been very little detailed legal or economic analysis of the tax efficiency of stock-based compensation. What serious work there has been …


Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins Mar 2004

Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins

Briefs

No abstract provided.


Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson Mar 2004

Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson

Cornell Law Faculty Publications

No abstract provided.


Massworks: Massachusetts Launches The Disability Program Navigator Initiative, Institute For Community Inclusion, University Of Massachusetts Boston Mar 2004

Massworks: Massachusetts Launches The Disability Program Navigator Initiative, Institute For Community Inclusion, University Of Massachusetts Boston

MassWorks Series, Institute for Community Inclusion

Welcome to MassWorks, our initiative for disability, workforce development, and employment professionals in Massachusetts. All too often, it seems, we work towards the same goals from different sides. With the many day-to day demands of our jobs, it's easy to miss opportunities to share ideas and resources across agencies. The aim of MassWorks is to bring information to workforce and disability professionals who have the goal of improving employment outcomes for Mass. residents with disabilities.