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Labor and Employment Law

2016

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Full-Text Articles in Law

The Experiential Course Book I Have Been Waiting For, Martin J. Katz Dec 2016

The Experiential Course Book I Have Been Waiting For, Martin J. Katz

Sturm College of Law: Faculty Scholarship

There is an exciting movement toward practical legal education in U.S. law schools. There are many good reasons for this movement, including demand from students and potential students, as well as demand from the employers and clients that will hire those students. Additionally, a plethora of compelling studies strongly suggest that adults learn best through practical, contextual, experiential education.

Yet, many professors in U.S. law schools continue to teach using more traditional methods. There are a number of reasons for this. Perhaps the most widespread reason why professors hesitate to engage in experiential, or problem-based, teaching is the amount of …


The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert Dec 2016

The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert

Publications and Research

This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …


Paid Leave Policy: Recommendations For Mississippi, Harvard Law School Dec 2016

Paid Leave Policy: Recommendations For Mississippi, Harvard Law School

Delta Directions: Publications

Paid leave refers to a public or private program to compensate individuals when they miss time because of illness (paid sick leave), to tend to a newborn child (paid maternity and paternity leave), or to care for family members (paid family leave). As the law currently stands, the federal government provides unpaid leave in certain circumstances under the Family Medical Leave Act. Four states—New York, New Jersey, California, and Rhode Island—offer more comprehensive programs within their states. Mississippi not only offers no paid leave, but has a statewide policy limiting cities and towns from testing out their own paid leave …


Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand Dec 2016

Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune Nov 2016

Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune

Court Briefs

QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group?* (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …


Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth Nov 2016

Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth

Law Student Publications

This essay attempts to resolve the current disconnect in the state judiciary‘s application of section 65.2-805(A) by analyzing the language of the statute as well as the various policy implications that undergird its establishment and accompany each interpretation. Part I provides a brief background of workers‘ compensation law generally, the Virginia Workers‘ Compensation Act (including section 65.2-805(A)), and the relevant case law involving section 65.2-805(A). Part II proceeds with the essay‘s argument, i.e., that section 65.2-805(A) should not be interpreted as imposing strict liability on non-compliant employers and thereby eliminating the obligation for a plaintiff-employee to plead a prima facie …


Information Technology And Learning On-The-Job, James Bessen Nov 2016

Information Technology And Learning On-The-Job, James Bessen

Faculty Scholarship

Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.


Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao Nov 2016

Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao

Journal Articles

Why do corporate governance law and practice differ across countries? This paper explains how wage-setting institutions influence ownership structures and investor protection laws. In particular, we identify a nonmonotonic relationship between the level of centralization in wage-bargaining institutions and the level of ownership concentration and investor protection laws. As wage setting becomes more centralized, ownership concentration within firms at first becomes more, and then less, concentrated. In addition, the socially optimal level of investor protection laws is decreasing in ownership concentration. Thus, as wage-setting institutions become more centralized, investor protection laws become less and then more protective. This explanation is …


Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes Oct 2016

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes

Nevada Supreme Court Summaries

To “provide” health benefits under the Minimum Wage Amendment, an employer need only offer to employees (rather than enroll them in) a qualifying health benefit plan. Tips are not included in an employee’s gross taxable income for calculating maximum health benefit plan premiums.


Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr. Oct 2016

Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.

Nevada Supreme Court Summaries

The Minimum Wage Amendment (MWA) of the Nevada Constitution does not have a specific statute of limitations provision. Because the MWA is closely analogous to recovery for back pay under NRS 608.260, the two-year statute of limitations provision in NRS 608.260 applies, and not the catch-all four-year period from NRS 11.220.


The Customer Is Not Always Right: Balancing Worker And Customer Welfare In Antitrust Law, Clayton J. Masterman Oct 2016

The Customer Is Not Always Right: Balancing Worker And Customer Welfare In Antitrust Law, Clayton J. Masterman

Journal Articles

A natural consequence of employer restraints of trade that decrease wages is lower prices. Under antitrust law, courts evaluate most such restraints of trade under the rule of reason. This Note argues that the rule of reason’s focus on consumer welfare and the natural price decrease that follows from employer restraints of trade cause underenforcement of antitrust law against anticompetitive employer conduct. Such a result is anomalous, because the consumer welfare standard that permeates antitrust law should protect employees as much as customers that purchase goods.

To solve the under-enforcement problem, this Note proposes that courts analyzing a restraint of …


Initiative And Referendum: A Maine Odyssey, Charles A. Scontras Oct 2016

Initiative And Referendum: A Maine Odyssey, Charles A. Scontras

Bureau of Labor Education

Maine is no stranger to the nation’s battles involving the development of the tools of direct democracy and how to use them. Since the citizen initiative and referendum were passed in late 1908, Mainers have used “the power of the people” to vote directly on many laws, bypassing the Legislature. Now, after more than 100 years in use, the initiative process may be facing a test: Gov. Paul LePage is preparing blueprints to use the initiative in an attempt to change the state’s welfare system and reduce the income tax — victories denied to him in the Legislature. It’s a …


A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah Oct 2016

A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah

GGU Law Review Blog

Domestic workers are crucial part of the economic and social fabric of our country. However, isolated and hidden behind closed doors and mostly unprotected under the law, domestic workers face harsh working conditions.


Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 5929996, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune Oct 2016

Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 5929996, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune

Court Briefs

QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group? (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …


Improving Employment Standards And Their Enforcement In Ontario: A Research Brief Addressing Options Identified In The Interim Report Of The Changing Workplaces Review, Leah F. Vosko, John Grundy, Eric Tucker, Andrea M. Noack, Alan Hall, Mark P. Thomas, Rebecca Casey, Kiran Mirchandani, Guliz Akkaymak Oct 2016

Improving Employment Standards And Their Enforcement In Ontario: A Research Brief Addressing Options Identified In The Interim Report Of The Changing Workplaces Review, Leah F. Vosko, John Grundy, Eric Tucker, Andrea M. Noack, Alan Hall, Mark P. Thomas, Rebecca Casey, Kiran Mirchandani, Guliz Akkaymak

Commissioned Reports, Studies and Public Policy Documents

The quality of employment available to Ontarians is a growing concern among legislators, policymakers, and the general public alike. There is widespread recognition that precarious employment and the challenges posed by the associated realignment of risks, costs and power relations between employees and employers require improvements to employees’ legislative protection. Ontario’s Changing Workplaces Review (CWR) affords us an opportunity to take stock of important changes taking place the province’s labour market. As the Terms of Reference introduced at the outset of the CWR note, “far too many workers are experiencing greater precariousness” in employment in Ontario today than in the …


Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril Oct 2016

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …


Friedrichs And The Move Toward Private Ordering Of Public Employee Wages And Benefits, Maria O'Brien Oct 2016

Friedrichs And The Move Toward Private Ordering Of Public Employee Wages And Benefits, Maria O'Brien

Faculty Scholarship

In its recent Harris v. Quinn opinion the U.S. Supreme Court (in particular Justice Alito) seemed to welcome a future opportunity to reconsider the 1977 landmark Abood decision in which public sector closed shop employees were not required to join a union but could be subject to fees that cover the costs of “collective bargaining, contract administration, and grievance adjustment purposes.” Supporters of the Abood approach argue that it is a reasonable compromise that prevents non-members from free riding on the union’s efforts (i.e. enjoying the wages and benefits negotiated by the union without sharing the costs incurred.) Detractors and …


How Computer Automation Affects Occupations: Technology, Jobs, And Skills, James Bessen Oct 2016

How Computer Automation Affects Occupations: Technology, Jobs, And Skills, James Bessen

Faculty Scholarship

This paper investigates basic relationships between technology and occupations. Building a general occupational model, I look at detailed occupations since 1980 to explore whether computers are related to job losses or other sources of wage inequality. Occupations that use computers grow faster, not slower. This is true even for highly routine and mid-wage occupations. Estimates reject computers as a source of significant net technological unemployment or job polarization. But computerized occupations substitute for other occupations, shifting employment and requiring new skills. Because new skills are costly to learn, computer use is associated with substantially greater within-occupation wage inequality.


Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts Oct 2016

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.


The New Labor Law, Kate Andrias Oct 2016

The New Labor Law, Kate Andrias

Articles

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …


Pelear Por La Dignidad: La Lucha De Las Mujeres Trabajadoras Sexuales Voluntarias Por Derechos Laborales En Un Clima Estigmatizado Políticamente / To Fight For Dignity: The Fight Of Female Voluntary Sex Workers For Labor Rights In A Politically Stigmatized Climate, Rosalind Jones Oct 2016

Pelear Por La Dignidad: La Lucha De Las Mujeres Trabajadoras Sexuales Voluntarias Por Derechos Laborales En Un Clima Estigmatizado Políticamente / To Fight For Dignity: The Fight Of Female Voluntary Sex Workers For Labor Rights In A Politically Stigmatized Climate, Rosalind Jones

Independent Study Project (ISP) Collection

Argentina is a country with a rich history of social movements and popular mobilization. Currently, the issue of women’s equality is highly prevalent in the national and political dialogue. An area that is frequently referenced as a divide in the feminist movement is sex work. Argentina has adopted a series of laws and regulations that have created an ‘abolitionist’ political atmosphere, outlawing the sexual exploitation of individuals and persecuting ‘pimps’, per se. The politics surrounding sex work, on paper, are meant to eliminate human trafficking rings and lower the amount of victims exploited through trafficking. However, the application of the …


Trending @ Rwu Law: Professor Cecily Banks's Post: Time To Teach Business: September 16, 2016, Cecily Banks Sep 2016

Trending @ Rwu Law: Professor Cecily Banks's Post: Time To Teach Business: September 16, 2016, Cecily Banks

Law School Blogs

No abstract provided.


Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law Sep 2016

Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Golden Gate University School Of Law Celebrates Permanent Overtime Rights For California Domestic Workers, Golden Gate University School Of Law Sep 2016

Golden Gate University School Of Law Celebrates Permanent Overtime Rights For California Domestic Workers, Golden Gate University School Of Law

Press Releases

Governor Edmund G. Brown, Jr. yesterday signed SB 1015, a bill making overtime rights permanent for more than 300,000 nannies and caregivers for seniors and people with disabilities. Golden Gate University School of Law’s Women’s Employment Rights Clinic (WERC) has served as legal counsel to the California Domestic Workers Coalition since 2010 in the Coalition’s effort to extend basic wage and hour protections to domestic workers.


Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally Aug 2016

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …


Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano Jul 2016

Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Employment creation is often seen as a key benefit of investment in natural resources. However, this benefit sometimes falls short: job estimates may be inflated, governmental policies may fail to maximize employment generation, and, in some cases, investments may lead to net livelihood losses. A more thorough examination of employment tied to mining and agricultural investments is thus useful for assessing whether and how employment from natural resource investments contributes to sustainable economic development – a particularly timely topic as countries consider how they will achieve the Sustainable Development Goals adopted in 2015.

This report aims to clarify the processes …


Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff Jul 2016

Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

All Faculty Scholarship

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to opt out of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …


Sharing The Prosperity: Why We Still Need Organized Labor, Angela B. Cornell Jun 2016

Sharing The Prosperity: Why We Still Need Organized Labor, Angela B. Cornell

Cornell Law Faculty Publications

Today economic inequality is greater in the United States than in any other advanced nation. Bringing the minimum wage up to a true living wage is a crucial step forward, as are other employment-related benefits like broadening access to overtime and instituting paid sick leave. But employment statutes such as minimum-wage regulations cannot replace the broad-based benefits that come from organized labor. Unionization places the ability to influence what happens in the workplace directly in workers’ own hands, even as it creates institutions that can advocate for working people at the community, state, and national level. Under an effective labor-law …


Pension De-Risking, Paul M. Secunda, Brendan S. Maher Jun 2016

Pension De-Risking, Paul M. Secunda, Brendan S. Maher

Faculty Scholarship

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.”

Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …


Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 U.S. S. Ct. Briefs Lexis 3646, 2016 Wl 5929996, Eric Schnapper, Ruth W. Woodling Jun 2016

Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 U.S. S. Ct. Briefs Lexis 3646, 2016 Wl 5929996, Eric Schnapper, Ruth W. Woodling

Court Briefs

No abstract provided.