Labor and Employment Law Commons^™

Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore

Faculty Scholarship

Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is sharp disagreement about whether it is wise public policy to expand labor-based admissions in order to provide nonprofessional foreign nationals with an authorized means to migrate. This Article contributes to this debate by examining current guest worker programs, and recommends their reform through a “non-subordination” approach …

The Less Than Fair Employment Practice Of An English-Only Rule In The Workplace, L. Darnell Weeden

Nevada Law Journal

No abstract provided.

Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman

Undergraduate Theses and Capstone Projects

This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Law Faculty Scholarship

No abstract provided.

An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein

Cardozo Public Law, Policy & Ethics Journal

The note examines the history and challenges of guest worker programs in the United States, emphasizing the need for reforms that balance border security with humane and practical solutions. It critiques current visa systems for their inflexibility and exploitation risks, advocating for pathways to permanent residency and family reunification to address the growing undocumented population effectively.

On The Continued Need For H-1b Reform: A Partial, Statutory Suggestion To Protect Foreign And U.S. Workers, Todd H. Goodsell

Brigham Young University Journal of Public Law

No abstract provided.

The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin

ExpressO

This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd

The Modern American

No abstract provided.

The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito

Human Rights Brief

No abstract provided.

Days Without Immigrants: Analysis And Implications Of The Treatment Of Immigration Rallies Under The National Labor Relations Act, Michael C. Duff

All Faculty Scholarship

The massive immigration rallies of early 2006 were prompted by anticipated congressional action classifying all unauthorized workers as felons subject to immediate deportation. While a product of federal immigration policy, the rallies implicate federal labor law because they could be characterized as concerted employee action resulting in a series of work stoppages.

Some employees were discharged for missing work to attend the rallies, so an initial question is whether participation in the rallies is protected activity under the National Labor Relations Act. But even assuming the rallies were attended by unauthorized workers, those workers are undeniably employees within the meaning …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins

ExpressO

Herndon, Virginia is the latest example of small town immigration issues exploding into the national debate on illegal immigration. This four-square mile town, population 22,000, was propelled into the national spotlight after a dramatic public reaction to Mayor Michael O’Reilly’s proposal to construct a hiring site for day laborers. Three months before the center even opened its doors, Herndon and Fairfax County faced a law suit challenging the legality of funding a day labor center that would inevitably extend its services to undocumented immigrants.

Small towns, adjusting to significant increases in the immigrant worker population, have become a new battlefield …

New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon

Working Paper Series

Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.

Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that …

The Employer Preference For The Subservient Worker And The Making Of The Brown Collar Workplace, Leticia M. Saucedo

ExpressO

The rapidly growing Latino immigrant population raises questions about how the “brown collar” worker is being incorporated into our economy. Newly arrived Latino immigrants, or “brown collar” workers, are increasingly found in segregated workplaces throughout the country. They typically perform the least desirable jobs in the most unstable conditions in our economy. This article explores the creation of these workplaces by focusing first, on the conditions that create brown collar subservience and second, on employer practices that seek workers out for their subservience. Today’s anti-discrimination law does not adequately capture the form of discrimination lurking in the interaction between brown …

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

Transnational Labor Citizenship, Jennifer Gordon

Faculty Scholarship

Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to …

Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti

Indiana Journal of Global Legal Studies

This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …

Industrial Areas Foundation, Helena Lynch

NYLS Law Review

No abstract provided.

The National Employment Law Project, Joshua N. Leonardi

NYLS Law Review

No abstract provided.

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine

NYLS Law Review

No abstract provided.

Impacting Next Wave Organizing: Creative Campaign Strategies Of Los Angeles Worker Centers, Victor Narro

NYLS Law Review

No abstract provided.

The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik

NYLS Law Review

No abstract provided.

The Workplace Project, Emily Stein

NYLS Law Review

No abstract provided.

Decentering The Firm: The Limited Liability Company And Low-Wage Immigrant Women Workers, Miriam A. Cherry

Faculty Publications

(Excerpt)

Imagine the following scenario: a group of immigrant women clean houses and offices in the suburbs of a large northeastern city. These workers speak languages other than English. Therefore they depend on an intermediary, another immigrant who has been in the United States for a longer period of time, to solicit jobs, negotiate schedules, and communicate with customers. Although this “intermediary” does not actually perform any of the cleaning work, the intermediary’s “cut,” or share of the income generated, is substantial. The immigrant workers are typically paid a low wage, often averaging below the minimum wage set by the …

Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry

All Faculty Scholarship

Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.

I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Cutting Undocumented Alien Employment Using The Spine Of A Knife: How The Fourth Circuit Failed To Adequately Use Title Vii To Strengthen Irca In Egbuna V. Time Life Libraries, Inc., Jeffrey B. Widdison

North Carolina Central Law Review

No abstract provided.