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1999

Labor and Employment Law

Institution
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Articles 1 - 30 of 45

Full-Text Articles in Law

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham Dec 1999

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham

Tools for Inclusion Series, Institute for Community Inclusion

This brief uses the story of one career woman to illustrate how to apply for and use a PASS (Plan for Achieving Self Support), a Social Security program that allows people receiving SSI to maintain benefits as they start working.


Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth Nov 1999

Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth

Tools for Inclusion Series, Institute for Community Inclusion

Information about Social Security Administration programs that can help people who receive Supplemental Security Income (SSI) to retain benefits that can support and ensure long-term employment.


The Pendulum Swings Again, Richard C. Reuben Oct 1999

The Pendulum Swings Again, Richard C. Reuben

Faculty Publications

Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between individual contractual rights and collective contractual needs. The question is where we draw the line. The law of adhesion contracts has traditionally used the doctrine of unconscionability to draw that line, and cases like Graham v Scissor-Tail more precisely instruct us to draw it at the reasonable expectations of the parties. By presumptively refusing to enforce cram-down arbitration provisions for consumer claims, absent evidence of knowing and voluntary waiver, we will restore those reasonable expectations, and, in the words of the case law, ensure minimum levels of integrity ...


Dependent And Independent Contractors In Recent U.S. Labor Law: An Ambiguous Dichotomy Rooted In Simulated Statutory Purposelessness, Marc Linder Oct 1999

Dependent And Independent Contractors In Recent U.S. Labor Law: An Ambiguous Dichotomy Rooted In Simulated Statutory Purposelessness, Marc Linder

College of Law Publications

No abstract provided.


The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman Oct 1999

The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman

Cornell Law Faculty Publications

Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting. This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's. During this period, employees won only 4.23 percent of employment promissory estoppel cases decided on the merits. At first blush, this is very surprising because employers, through their communications, seek to create the expectation of a stable, secure work environment and employees, because ...


When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig Oct 1999

When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig

Faculty Scholarship

The idea that Whites, in particular white males, are the new victims of discrimination is steadily gaining acceptance among white Americans. While only 16 percent of white individuals claim to know someone who has been the victim of reverse discrimination, more than 70 percent of Whites are convinced that reverse discrimination is a rampant problem. Additionally, although reverse discrimination cases generally constitute a small percentage of filed discrimination cases, usually about 1 to 3 percent, that number is beginning to grow. In particular, the percentage of reverse discrimination claims brought by federal workers, the very workers for whom affirmative action ...


Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko Jul 1999

Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

This brief describes the experiences of individuals with these illnesses, underlines similarities and differences between the two groups, and provides strategies for disclosure, support, and personal advocacy in the workplace.


To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone Jul 1999

To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone

Cornell Law Faculty Publications

This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is ...


Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein May 1999

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.


Asian Law Journal Symposium On Labor And Immigration, Hina Shah May 1999

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

Publications

No abstract provided.


Enforcing Fair Labor Standards In The Modern American Sweatshop: Rediscovering The Statutory Definition Of Employment, Bruce Goldstein, Marc Linder, Lawrence E Norton Ii, Catherine K Ruckelshaus Apr 1999

Enforcing Fair Labor Standards In The Modern American Sweatshop: Rediscovering The Statutory Definition Of Employment, Bruce Goldstein, Marc Linder, Lawrence E Norton Ii, Catherine K Ruckelshaus

College of Law Publications

No abstract provided.


The Employment Contract, Ian Ayres, Stewart J. Schwab Apr 1999

The Employment Contract, Ian Ayres, Stewart J. Schwab

Cornell Law Faculty Publications

This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.


The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig Apr 1999

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world ...


Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Mar 1999

Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.


Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone Mar 1999

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light ...


Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman Jan 1999

Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman

Faculty Publications

This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's ...


Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii Jan 1999

Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper Jan 1999

Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper

Articles

This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.


From Group Rights To Individual Liberties: Post-War Labor Law, Liberalism, And The Waning Of Union Strength, Reuel E. Schiller Jan 1999

From Group Rights To Individual Liberties: Post-War Labor Law, Liberalism, And The Waning Of Union Strength, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams Jan 1999

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.


A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson Jan 1999

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

Journal Articles

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."


Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff Jan 1999

Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff

The Institute Brief Series, Institute for Community Inclusion

Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.


Discrimination As Accident, Amy L. Wax Jan 1999

Discrimination As Accident, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii Jan 1999

Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii

Scholarly Works

Assessing the role that Employment Practices Liability Insurance might play in the future requires an understanding of two murky areas of law: employment law and insurance coverage law. In Part I of the Article I discuss the evolution of employer liability for hostile work environment sexual harassment. In Part II of the Article I analyze the consequences for insurance coverage that follow from recognizing that liability for hostile work environment sexual harassment is grounded on negligence principles.


Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko Jan 1999

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.


Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks Jan 1999

Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks

Faculty Publications

No abstract provided.


Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii Jan 1999

Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii

Scholarly Works

This article discusses insurance coverage of employment discrimination claims under both existing policies and emerging Employment Practices Liability Insurance policies: The first part describes the “three *7 dimensional model” of liability insurance; the second part describes general principles of interpretation as applied by courts to insurance policies; and the third part describes public policy limitations on the interpretation of insurance policies. These first three sections establish the background necessary for analyzing the availability of insurance coverage for employment disputes. The fourth part of the article then analyzes the potential for coverage under standard types of liability insurance, while the fifth ...


Some Thoughts On The American Model, Joseph R. Grodin Jan 1999

Some Thoughts On The American Model, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya Jan 1999

Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya

Faculty Articles and Papers

No abstract provided.


Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer Jan 1999

Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

No abstract provided.