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Articles 1 - 10 of 10
Full-Text Articles in Law
Surgery Or Butchery? Engquist V. Oregon, Class-Of-One Equal Protection, And The Shift To Categorical Treatment Of Public Employees' Constitutional Claims, Matthew C. Juneau
Surgery Or Butchery? Engquist V. Oregon, Class-Of-One Equal Protection, And The Shift To Categorical Treatment Of Public Employees' Constitutional Claims, Matthew C. Juneau
Louisiana Law Review
No abstract provided.
High Cost Of Low-Cost Workers: Missouri Enacts New Law Targeting Employers Of Unauthorized Workers, The, Michael B. Barnett
High Cost Of Low-Cost Workers: Missouri Enacts New Law Targeting Employers Of Unauthorized Workers, The, Michael B. Barnett
Missouri Law Review
This note seeks to explain Missouri's enactment of a law requiring use of E-Verify by certain employers, track recent developments that have made it more difficult to employ unauthorized workers, and advocate the position that this legislation will be upheld in the face of legal challenges. The following Section addresses federal immigration law and the subsequent creation of the E-Verify program. It also examines Missouri's recent enactment that requires some employers to enroll in the E-Verify program and provides stiff penalties for any entity that employs unauthorized workers. Section III considers recent cases out of Arizona, Oklahoma, and Missouri that …
The Significance Of The Implied Mutual Duty Of Trust And Confidence In The Employment Relationship, Katie Mcdermott
The Significance Of The Implied Mutual Duty Of Trust And Confidence In The Employment Relationship, Katie Mcdermott
Dissertations
Objectives: 1. Trace the development of the implied duty in the both the Irish and English jurisdiction. 2. Analyse the types of behaviour which will fall foul of the obligation to maintain trust and confidence. 3. Ascertain the limits of the implied duty. 4. Assess the current judicial climate following the first Supreme Court decision on the duty implied. 5. Consider the implications of the implied duty on certain areas of employment law. 6. Determine the potential for further development of the implied duty. Methods: Qualitative and Quantitative Research Conclusions: 1. The implied obligation is critically important in relation to …
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
All Faculty Scholarship
Maryland law is not quite a blank slate for employee leave rights-but it is close. While the state forbids employers from terminating employees for job time lost for jury service or attending a court proceeding in response to a subpoena or pursuant to victim's rights laws, Maryland is one of a "select few" that does not require any breaks for adult workers, including time off for meals. Maryland law does not require family or medical leave for private sector workers. In fact, the state's most generous leave law stems from repealing antiquated "blue laws" that required businesses to be closed …
The Myth Of Equality In The Employment Relation, Aditi Bagchi
The Myth Of Equality In The Employment Relation, Aditi Bagchi
All Faculty Scholarship
Although it is widely understood that employers and employees are not equally situated, we fail adequately to account for this inequality in the law governing their relationship. We can best understand this inequality in terms of status, which encompasses one’s level of income, leisure and discretion. For a variety of misguided reasons, contract law has been historically highly resistant to the introduction of status-based principles. Courts have preferred to characterize the unfavorable circumstances that many employees face as the product of unequal bargaining power. But bargaining power disparity does not capture the moral problem raised by inequality in the employment …
The Trouble With Negligence Per Se, Robert F. Blomquist
The Trouble With Negligence Per Se, Robert F. Blomquist
South Carolina Law Review
No abstract provided.
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Journal of Law and Health
Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …
The Future Of American Labor And Employment Law: Hopes, Dreams, And Realities, Theodore J. St. Antoine
The Future Of American Labor And Employment Law: Hopes, Dreams, And Realities, Theodore J. St. Antoine
Articles
In many respects the US is a deeply conservative country. Unique among the major industrial democracies of the world, it imposes the death penalty, provides no national health insurance, fixes a high legal drinking age, and subscribes to the doctrine of employment at will. Perhaps not surprisingly, its labor movement is also one of the most conservative on earth, eschewing class warfare and aiming largely at the bread-and-butter goal of improved wages, benefits, and working conditions. Yet American employers have generally never been as accepting of unionization as their counterparts in other countries (Bok 1971; Freeman and Medoff 1984). Over …
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Articles
A recent spate of construction deaths in New York City, similar incidents in Las Vegas, and scores of fatalities in recent years at mines and industrial facilities across the country have highlighted the need for greater commitment to worker safety in the United States and stronger penalties for violators of the worker safety laws. Approximately 6,000 workers are killed on the job each year1—and thousands more suffer grievous injuries—yet penalties for worker safety violations remain appallingly small, and criminal prosecutions are almost non-existent. In recent years, most of the criminal prosecutions for worker safety violations have been brought by the …
Working Group On Chapter 1 Of The Proposed Restatement Of Employment Law: Existence Of Employment Relationship, Dennis R. Nolan, Theodore J. St. Antoine, Joseph E. Slater, Alvin Goldman
Working Group On Chapter 1 Of The Proposed Restatement Of Employment Law: Existence Of Employment Relationship, Dennis R. Nolan, Theodore J. St. Antoine, Joseph E. Slater, Alvin Goldman
Articles
This article presents a critique of chapter 1 of the Proposed Restatement of Employment Law. The critique is organized to follow the organization of the proposed Restatement, which begins with a provision of black letter law, a series of comments and illustrations explaining the meaning and application of the black letter law, and the reporters' notes providing support for the black letter law and the commentary. This critique will follow that structure, with each part focusing on a section of the chapter: the introductory note; section 1.01; section 1.02; section 1.03; and section 1.04. The subdivisions of the parts will, …