Labor and Employment Law Commons^™

The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa), Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Federal law establishes scheduling requirements for government employees, generally requiring federal agencies to set regular work hours over a traditional Monday through Friday workweek. These requirements, along with provisions of the Fair Labor Standards Act (FLSA), impede flexible work arrangements (FWAs) for federal employees.1 The Federal Employees Flexible and Compressed Work Schedules Act (“FEFCWA”) removes these legal barriers for two specific types of alternative work schedules (AWS): flexible work schedules (FWS) and compressed work schedules (CWS). Under an FWS, an agency establishes core hours when all employees must be at work and allows employees to choose arrival and departure times …

Examples Of State Flexible Work Arrangement (Fwa) Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts examples of state FWA laws.

The New South Wales Carers’ Responsibilities Act, Workplace Flexibility 2010, Georgetown University Law Center, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Enacted in 2001, the New South Wales Carers’ Responsibilities Act (“CRA”) prohibits discrimination against employees with caregiver responsibilities and provides access to reasonable flexible work arrangements. Under this law, employees have the right to request accommodations for their carer responsibilities, and employers have an affirmative obligation to consider and grant reasonable accommodations that do not impose an unjustifiable hardship. The affirmative accommodation requirement extends to requests for flexible working hours, working from home (telecommuting), part-time work, and job-share arrangements.

Flexible Work Arrangements: A Definition And Examples, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines a “flexible work arrangement” (FWA) as any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. A flexible work arrangement includes:

1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and break schedules;

2. flexibility in the amount of hours worked, such as part time work and job shares; and

3. flexibility in the place of work, such as working at home or at a satellite location.

Our research indicates …

Information Disclosure And The Union Representation Election, Matthew T. Bodie

ExpressO

In its oversight of union representation elections, the National Labor Relations Board seeks to create “laboratory conditions” to determine “the uninhibited desires” of employees. Despite the Board’s intrusive regulation of union and employer campaign conduct, the Board does nothing to insure that employees get basic information relating to their decision. Given the flaws in the market for union representation, particularly with respect to conflicts of interest, the Board should take a more aggressive role in ensuring that employees get the information they need to make rational representation decisions. This Article proposes a new system of mandatory disclosure, modeled on disclosure …

Card Check Recognition: The Ongoing Legal And Legislative Battle, Michael E. Aleo

ExpressO

A great debate has been brewing for years over whether unions should be able to organize employees outside of the traditional election procedures provided by the National Labor Relations Act (“NLRA” or “the Act”). Typically, in an organizing drive, a union solicits support from employees to indicate a desire to run a National Labor Relations Board (“NLRB” or “Board”) election. The union does this by collecting cards from employees affirming the employees’ desire to have a representation election. If the union collects valid cards from at least one-third of eligible employees in the appropriate bargaining unit, the union may then …

The Selective Capacity Of The Likely To Become A Public Charge Clause In The Visa Issuance Process, Camila Morsch

Theses, Dissertations and Capstones

This paper provides an empirical examination of how the Likely to Become a Public Charge Clause (LPCC) is used in the American visa issuance process. This work covers literature on the logic and usage of the LPCC since the late 1800’s to present, suggesting administrative use of the LPCC expands according to different circumstances beyond its intended purposes. The quantitative portion of this work evaluates the use of the LPCC (for both immigrant applicant and nonimmigrant applicant populations) from 1966 to 2002 to ascertain the effect of economic and security conditions on the use of the LPCC. Applied Statistical Logistic …

Select Foreign Exto Laws: By Topic, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Reckless Pursuit Of Dominion: A Situational Analysis Of The Nba And Diminishing Player Autonomy, Michael Mccann

Law Faculty Scholarship

This Article examines required genetic testing of NBA players from a situational vantage point, integrating socio-psychological, legal, and ethical analyses. The core argument may be expressed as follows: required genetic testing of NBA players appears consistent with a broader and largely deleterious agenda by the NBA to control players. Since implementation of the rookie wage scale in 1995 through the recent imposition of a paternalistic player dress code, the NBA has increasingly usurped player autonomy. The NBA's capacity to do so largely rests in its adroit manipulation of the situational influences that influence fans and media. For instance, because of …

Summary Comparison Of Select Foreign Exto Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

State-By-State Guide To Unpaid, Job-Protected Extended Time Off Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Select Foreign Exto Laws: By Country, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Profit Motive: Can Corporate Networks Be An Effective Conduit For Improving Worker Rights?, Alisa Dicaprio

Human Rights & Human Welfare

A review of:

Can Labor Standards Improve Under Globalization? By Kimberly Elliott and Richard Freeman. Washington: Institute for International Economics, 2003. 179pp.

and

Rising Above Sweatshops: Innovative Approaches to Global Labor Challenges. Edited by Laura Hartman, Denis Arnold and Richard Wokutch. Westport: Praeger Publishers, 2003. 414pp.

and

Transnational Corporations and Human Rights. Edited by Jedrzej Frynas and Scott Pegg. London: Palgrave Macmillan, 2003. 223pp.

Edge Employment Solutions : Department Of Agriculture And Food, Western Australia : Job Audit Report, 2006, Department Of Agriculture And Food, Western Australia, Edge Employment Solutions, Matthew Eaton, Ian Hughes, Barabara Magnowski

All other publications

The Department of Agriculture and Food Western Australia (DAFWA) have been working in collaboration with EDGE Employment Solutions to identify the work opportunities that lie within the Department for people with disabilities. Based on the Equal Employment Opportunity Act 1987 (EEOA), the DAFWA have set a target of increasing their rate of employment of individuals with disabilities to constitute 4% of their entire workforce. Currently, persons' with a mild to moderate disability form 1.7% of the Public Sector.

The role of EDGE Employment Solutions pertaining to this project was to develop a matrix that would include the key roles within …

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003 Report 3: Involvement Of Crps In The Ticket To Work And The Workforce Investment Act, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

This Research to Practice brief examines CRP participation in the Ticket to Work and the Workforce Investment Act (WIA). Findings showed that CRPs were more involved in WIA than the Ticket program.

Doe V. Bell, Harley Abrevaya

NYLS Law Review

No abstract provided.

Labor Struggles, New Social Movements, And America's Favorite Pastime: New York Workers Take On New Era Cap Company, Victoria Carty

Sociology Faculty Articles and Research

Contemporary economic globalization, which is driven and regulated primarily by multinational corporations, has a direct impact on workers' lives. Trade agreements such as the North American Free Trade Agreement (NAFTA) tend to be controlled by corporate interests in the wealthy, industrialized nations. Those countries set the agenda to protect the interests of foreign investors and facilitate the mobility of capital, but they do little to protect the interests of labor. In response, workers in both the global North and South have been forced to rely on their own individual efforts to protect themselves against unfair labor practices. This article presents …

Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre

Human Rights & Human Welfare

A review of:

Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.

and

Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.

Collective And Individual Approaches To Protecting Employee Privacy: The Experience With Workplace Drug Testing, Pauline Kim

Scholarship@WashULaw

This contribution to a symposium on workplace privacy asks what difference it makes to think about workers' rights under a collective as opposed to an individual rights model in a particular context: that of protecting employee privacy. More specifically, it undertakes an examination of the range of disputes between employers and employees over workplace drug testing in the late 1980's and the 1990's, focusing on the differences between cases brought with union involvement and those brought by individual workers acting alone. In doing so, it asks how collective forms of disputing about drug testing differed from individual approaches, and whether …

Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace (generally 5 days or less) to address anticipated or unexpected issues of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address the routine and emergency situations that occur in everybody’s lives.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for benefits or go to court, or because a worker needs to attend a …

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

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.

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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: 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: 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 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.

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.

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.