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Articles 31 - 60 of 196
Full-Text Articles in Law
No Longer Just Company Men: The Flexible Workforce And Employment Discrimination (Book Review Of Katherine Stone's From Widgets To Digits), Miriam A. Cherry
No Longer Just Company Men: The Flexible Workforce And Employment Discrimination (Book Review Of Katherine Stone's From Widgets To Digits), Miriam A. Cherry
ExpressO
No abstract provided.
The Duty To Bargain In Good Faith: Nlrb V. Truitt Manufacturing Co. And Nlrb V. Insurance Agents’ International Union, Kenneth G. Dau-Schmidt
The Duty To Bargain In Good Faith: Nlrb V. Truitt Manufacturing Co. And Nlrb V. Insurance Agents’ International Union, Kenneth G. Dau-Schmidt
ExpressO
This article discusses two classic Supreme Court cases from the 1950's that explore the contours of the obligation to bargain in good faith: NLRB v. Truitt Manufacturing Co. and NLRB v. Insurance Agents' International Union. In the Truitt case, the Supreme Court held that the obligation to bargain in good faith requires an employer to open its books to the union when the employer refuses a request for a wage increase on the basis that such an increase will drive the employer out of business. In the Insurance Agents' case, the Supreme Court held that union slow-down tactics were consistent …
Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring
Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring
Research to Practice Series, Institute for Community Inclusion
Poverty programs have undergone substantial reform in the past decade, and there has been a heightened interest in exploring the experiences of people with disabilities who receive welfare benefits. This report profiles people with disabilities who had TANF, GA, or both at application to VR services and completed these services in the year 2003.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Population Pyramids For The United States, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Population Pyramids For The United States, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Men Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Men Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie
Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie
Innis Christie Collection
The Grievor believes the Employer should apply the terms of the Labour Standards Code, instead of the less generous Collective Agreement, regarding holiday pay. The Employer paid holiday pay according to the Agreement and believes the grievance should be dismissed.
The grievance fails. The Code does not apply to the employees under the Agreement.
Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay
Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay
All Faculty Scholarship
Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.
The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …
Vol. 22, No. 3, Vickie A. Gillio, Laura H. Anderson
Vol. 22, No. 3, Vickie A. Gillio, Laura H. Anderson
The Illinois Public Employee Relations Report
Contents:
The Potential Implications of the University of Michigan Cases on Public Sector Employment: Opening Up Leadership in the Public Sector Workplace?, by Vickie A. Gillio with the assistance of Laura H. Anderson
Recent Developments
Further References, compiled by Yoo-Seong Song
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas C. Kohler
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas C. Kohler
Buffalo Law Review
No abstract provided.
Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall
Research To Practice: Innovations In Employment Supports: Colorado's State Division Of Developmental Services, Jean E. Winsor, John Butterworth, Allison Cohen Hall
Research to Practice Series, Institute for Community Inclusion
Between the years of 1985 and 1996 Colorado experienced significant growth in integrated employment for people with mental retardation and developmental disabilities. Several factors were consistently highlighted as contributing to Colorado's employment outcomes during this period.
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
Continuing the trend begun with the 2003 survey period, the 2004 survey period experienced a significant decrease in the number of decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. On the other hand, the United States Supreme Court decided several noteworthy decisions in the employment arena. In Pennsylvania State Police v. Suders, the Court addressed the important issue of whether the Ellerth/Faragher affirmative defense' in hostile work environment sexual harassment cases is available when the plaintiff alleges that she was constructively discharged. In General Dynamics Land Systems, Inc. v. Cline, …
Labor And Employment, Jerry C. Newsome, K. Alex Khoury
Labor And Employment, Jerry C. Newsome, K. Alex Khoury
Mercer Law Review
This Article surveys notable developments in labor and employment law in the Eleventh Circuit from January 1 to December 31, 2004. During the survey period, the Eleventh Circuit Court of Appeals rendered notable decisions regarding the Family and Medical Leave Act ("FMLA") and the Labor Management Relations Act ("LMRA"). Several district courts also weighed in during this survey period with significant rulings on the FMLA and the Equal Pay Act ("EPA").
An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga
An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga
City University of New York Law Review
No abstract provided.
Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter
Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter
All Faculty Scholarship
In this paper, I analyze three types of labor market relationships that are prevalent in the economy - the external labor market that exists outside of firms, and the union and nonunion employment relationships that exist inside firms. The parties' relationships in each of these markets are markedly different from one another with respect to their use of contracts versus norms, their enforcement mechanisms, and their reliance on external competitive market pressures. Why do these very distinct forms exist? This paper provides an answer to this question. To be successful, each of the structures has to resolve problems of match-specific …
Re Provincial Health Services Authority And Peiupse, Innis Christie
Re Provincial Health Services Authority And Peiupse, Innis Christie
Innis Christie Collection
Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre-hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based mainly on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration established to deal with …
Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson
Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson
Innis Christie Collection
Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.
Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley
Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley
Research to Practice Series, Institute for Community Inclusion
Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
A Project Labor Agreement (PLA) is a comprehensive negotiated pre-hire contract for public or private-sector construction projects. A PLA generally includes mutually agreed-to work and wage rules for the duration of the project, including deadlines, wages, costs, production incentives, and hiring. Usually PLAs are between a developer or general contractor, labor unions, subcontractors, workers, and the employer or customer, who may be in the public or private sector.
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Nevada Supreme Court Summaries
Julie Mitchell, a Clark County classroom teacher, inexplicably fell down a flight of stairs while at work. The Court held that stairs, in and of themselves, and other things that are not peculiar to the employment environment, are not sufficiently dangerous to be the cause of a workers’ compensation claim.
Re Provincial Health Services Authority And Peiupse, Innis Christie
Re Provincial Health Services Authority And Peiupse, Innis Christie
Innis Christie Collection
Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested prehearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the issue of whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration established to deal …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.
Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith
Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith
San Diego International Law Journal
This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …
Is U.S. Ceo Compensation Inefficient Pay Without Performance?, John E. Core, Wayne R. Guay, Randall S. Thompson
Is U.S. Ceo Compensation Inefficient Pay Without Performance?, John E. Core, Wayne R. Guay, Randall S. Thompson
Michigan Law Review
In Pay Without Performance, Professors Lucian Bebchuk and Jesse Fried develop and summarize the leading critiques of current executive compensation practices in the United States. This book, and their highly influential earlier article, Managerial Power and Rent Extraction in the Design of Executive Compensation, with David Walker offer a negative, if mainstream, assessment of the state of U.S. executive compensation: U.S. executive compensation practices are failing in a widespread manner, and much systemic reform is needed. The purpose of our Review is to summarize the book and to offer some counterarguments to try to balance what is becoming …
Where There’S At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
Where There’S At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
ExpressO
Employment at will, the doctrine that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they have riddled the rule with increasing exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two …
Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May
University of Arkansas at Little Rock Law Review
No abstract provided.
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
Vol. 22, No. 2, Robin Potter
Vol. 22, No. 2, Robin Potter
The Illinois Public Employee Relations Report
Contents:
Overtime Wages and the Suffer or Permit to Work Standard under the Fair Labor Standards Act, by Robin Potter
Recent Developments
Further References, compiled by Yoo-Seong Song