Law Commons^™

Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros

Maine Law Review

In both the fields of labor law and gender studies, we learn the most from experience. The experience of workers coming together to demand equality and respect and the experience of women coming together to share their experiences has led to most of what we study in these fields. Unfortunately, too many times traditional legal doctrine does not fit these experiences. In those cases, we must struggle to change the law to be responsive to the lived experiences of women and workers. This Article explores the lived experiences of one particular group of workers—immigrant farmworking women in California. From their …

New Institute In Practice-Legal Status Of Recruiting Agencies, G.K. Sarimsakova

Review of law sciences

This article argues the basics of employment agencies’ activities, their role of providing employment of population and mutual collaboration with state organs. Also, in this article, auther conducted analysis between Uzbekistan and foreign experience (Great Britain, Australia, Singapore, Malaysia, Canada, Russia and Kazakhstan) in this sphere..

The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain

Faculty Scholarship

In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …

Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami

University of Miami International and Comparative Law Review

No abstract provided.

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review

No abstract provided.

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or …

Reckless Discrimination, Stephanie Bornstein

UF Law Faculty Publications

If there are known, easily adopted ways to reduce bias in employment decisions, should an employer be held liable for discriminatory results when it fails to adopt such measures? Given the vast amount we now know about implicit bias and the ways to reduce it, to what extent is an employer who knowingly fails to do so engaging in intentional discrimination? This Article theorizes a “recklessness” model of discrimination under Title VII, arguing for liability where an employer acts with reckless disregard for the consequences of implicit bias and stereotyping in employment decisions. Legal scholars have argued that Title VII …

Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner

Cleveland State Law Review

No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …

The Changing Needs Of The Workplace: Looking To State Statutory Expansions For Guidance On Fmla Reform, Christina Potter-Bayern

Labor & Employment Law Forum

No abstract provided.

The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald

Dalhousie Law Journal

The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …

Partnerships In Employment Brief: Guidance On How To Obtain Data On The Use Of Subminimum Wages Within A State To Inform Systems Change Activities, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

In October 2011, the Administration on Intellectual and Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and postsecondary outcomes for youth with intellectual and developmental disabilities (IDD). Until the end of September 2016 the Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services provided training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

PIE …

Partnerships In Employment Brief: Influencing Changes In State Policy And Practice With Data On Subminimum Wages, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

Subminimum wage is a pervasive and controversial issue. In many states there are individuals with disabilities who earn as little as seven cents an hour and workers who do not earn any wages because they do not produce enough products to be paid wages for their work according to the 14(c) Certificate holder.

There are many ways that data on wages earned under Section 14(c) of the Fair Labor Standards Act, i.e., 14(c) Certificates can be used to influence changes in state policy and practice. This brief describes examples from Partnerships in Employment grantee states.

The Role Of The State Towards The Grey Zone Of Employment: Eyes On Canada And The United States, Susan Bisom-Rapp, Urwana Coiquaud

Faculty Scholarship

In most countries, precarious working is on the rise and nonstandard forms of work are proliferating. What we call the “grey zone” of employment is generated by transformations at and with respect to work both in standard and nonstandard forms of working. Focusing on legal and policy regulation, and on the role of the state in the creation and perception of the grey zone, our contribution explains the way the government acts or fails to act, and the consequences of that activity or inactivity on the standard employment relationship. Examining and juxtaposing conditions in our two countries, Canada and the …