Law Commons^™

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.

Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board

California Agencies

No abstract provided.

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …

Freeing Prisoners' Labor, Stephen P. Garvey

Stephen P. Garvey

Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and selling prison-made goods on the open market. This legislation abolished the old "contract" system of prison labor and replaced it with the "state-use" system. Under the state-use system, inmates work only for the …

Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab

Kevin M. Clermont

This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.

Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.

Supreme Court Cases 2013–14 Term, Barbara Fick

Books

This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 16, 2014.

Workplace Harassment: A Cross-Jurisdictional Comparative Analysis Of Legislative Responses To This Workplace Phenomenon In Canada, Kayla Alice Carr

LLM Theses

This thesis investigates different statutory models Canadian legislatures have enacted to address workplace harassment. It adopts a qualitative, comparative case study approach, providing an in-depth comparative analysis of legislation from Québec, Saskatchewan, Ontario, Manitoba and British Columbia. Through this analysis, this thesis outlines the ways in which workplace harassment has been regulated in Canada, why that model was adopted by the jurisdiction and how that model measures against other models for legislating workplace harassment. Through an examination of existing literature relating to workplace harassment stemming from three theoretical paradigms and an analysis of a model legislative framework, this thesis creates …

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.

Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park

Susan Park

Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez

Stephen Joseph Powell

Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …

Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii

West Virginia Law Review

No abstract provided.

Preemptive Strike: Law In The Campaign For Clean Trucks, Scott L. Cummings

UC Irvine Law Review

No abstract provided.

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.

Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.

Getting To Know Fred, Dr. Emily Sanchez Salcedo

Center for Business Research and Development

Family responsibilities discrimination (FReD) is a novel concept in the Philippine workplace. It is novel not because it is a new occurrence but because societal awareness is a fairly recent phenomenon following its unprecedented surge in popularity in the United States that began with the publication of the book, “Unbending Gender: Why Family and Work Conflict and What to Do About It” in 2000 by Professor Joan C. Williams.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa K. Peters

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2013 to May 31, 2014 that affect labor and employment relations for Georgia employers.

Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale

Elizabeth Dale

In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein

Stephanie Bornstein

This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

Stephanie Bornstein

When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.

The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Stephanie Bornstein

This Article integrates a discussion of current family responsibilities discrimination ("FRD") case law with a discussion of the single most important recent development in the field: the U.S. Equal Employment Opportunity Commission’s ("EEOC") 2007 issuance of Enforcement Guidance on caregiver discrimination. The Guidance concretely informs the public about what constitutes unlawful discrimination against caregivers under Title VII and the Americans with Disabilities Act. Specifically, the Guidance crystallizes two key holdings from case law in regard to Title VII disparate treatment claims brought by caregivers: (1) where plaintiffs have evidence of gender stereotyping, they can make out a prima facie case …

Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein

Stephanie Bornstein

With limited financial resources, few social supports, and high family caregiving demands, low-wage workers go off to work each day to jobs that offer low pay, few days off, and little flexibility or schedule stability. It should come as no surprise, then, that workers' family lives conflict with their jobs. What is surprising is the response at work when they do. This Article provides a survey of lawsuits brought by low-wage workers against their employers when they were unfairly penalized at work because of their caregiving responsibilities at home. The Article reflects a review of cases brought by low-wage hourly …

Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau

Griffin Toronjo Pivateau

Enforcement of Noncompete Agreements: Protecting the Public Interest Through an Entrepreneurial Approach

The enforcement of noncompete agreements is variable, differing between courts, between states, and between contexts. Analysis of a noncompete agreement tends not only to be fact-dependent, but location-dependent as well. Some states enforce virtually all noncompete agreements; other states refuse to enforce any noncompete agreements. Courts determine reasonableness without regard to the terms of the agreement. A noncompete agreement is a unique type of contract, as the normal contract standard of mutual agreement supported by consideration falls to the wayside. Instead, reasonableness becomes the key to enforceability.

To …

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

Nancy Dowd

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd

Nancy Dowd

This Article focuses on restructuring the workplace in the context of maternity leave. Although most women are no longer, and, indeed, generally cannot be required to take maternity leave, many are not guaranteed leave or may be provided only with inadequate leave. A minority of states have addressed this problem by enacting statutes requiring that all employers provide job-protected maternity leave. Two of the statutes, the California and Montana provisions, have been challenged as discriminatory under Title VII of the Civil Rights Act of 1964 and the equal protection clause of the 14th Amendment, and the Supreme Court has recently …

Bringing The Margin To The Center: Comprehensive Strategies For Work/Family Policies, Nancy E. Dowd

Nancy Dowd

The ultimate goal of work/family policy has always seemed deceptively clear: to provide institutional and cultural support to permit a healthy balance between family and work. An implicit assumption of that goal is that it would be achieved without undermining principles of equality. Indeed, the assumed result of work/family balance is that it would help achieve equality: families would be treated equally, caregivers would be supported equally, and children and family members would receive necessary and important care equally. It has long been recognized that work/family balance is especially critical to gender equality. Equality principles require that work/family policy and …

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

Nancy Dowd

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment. The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …

(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd

Nancy Dowd

When we talk about the connections between work, family, and marriage, what are our assumptions or our implicit model? In this essay, I hope to expose the importance of questioning the framework within which we operate. Marriage continues to be a core focus of the typical family law course. As a matter of public policy, supporting and valuing marriage, and concern about the conflict between work and family because of the strains it imposes on marriage, makes balancing work and family within a marital framework a focus of law and policy. In this essay, I argue that we need to …