Labor and Employment Law Commons^™

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

The Correct Procedure For Commencing An Action In The Industrial Relations Division Of The High Court: Edward Chilufya Mwansa And 194 Others V. Konkola Copper Mines Plc Scz Appeal No. 99/2015 And Concrete Pipes V. Kingsley Kaimba And Another Scz Appeal No. 014/2015, Chanda Chungu

SAIPAR Case Review

In Edward Chilufya Mwansa and 194 Others v. Konkola Copper Mines Plc, the Supreme Court dealt with a scenario where several employees had been dismissed and sought to enter an out of court settlement with their employer, through the assistance of the Labour Office. This process lasted over three years

In Concrete Pipes v. Kingsley Kaimba and Another, the Supreme Court dealt with an appeal from a Ruling of the Industrial Relations Court dismissing a preliminary issue in relation to the need to exhaust internal administrative channels before commencing an action before the court.

Chansa Ng’Onga V. Alfred H. Knight (Z) Limited Selected Judgment No. 26 Of 2019, Chanda Chungu

SAIPAR Case Review

An Appellant was employed as the Sectional Leader in the Lubricants Testing Department of the employer’s business. He was subsequently promoted to the rank of Lubricant Testing Manager.

During his employment as Lubricant Training Manager, he was suspended due to being absent from work for five days without his supervisor’s permission. Under the employer’s Disciplinary Rules and Procedures, the penalty for a first offender was a written warning. This notwithstanding, he was dismissed after three weeks, without any formal charges raised against him and his letter of dismissal outlined that he was dismissed for offences for which he was not …

Rabson Sikombe V. Access Bank (Zambia) Limited Scz Appeal No. 240/2013, Chanda Chungu

SAIPAR Case Review

The employee was employed as a Transaction Officer with effect from the 17th of November 2008. He was suspended from duty on the 15th of May, 2009 following an investigation into the sum of K804 million, unauthorized overdraft on an account held in the respondent's Bank by a company called ZCON,it being alleged that the appellant failed to manage the credit portfolio by not constantly reviewing the overdrawn account, leading to the customer's overdrawn position exceeding the approved limit of K350 million.

It was further alleged that the employee had provided false information that the client had an approved facility …

How The Family And Medical Leave Act Does Not Serve Women Of Color, Anahi Casas Perez

Seaver College Research And Scholarly Achievement Symposium

Presentation Type

Poster Presentation

Keywords

Woman of Color, single mother of color, Family and Medical Leave Act

Department

Social Work/ Sociology

Major

Music with an Emphasis in Voice

Abstract

The Family and Medical Leave, FMLA, was enacted into Federal law in 1993 under the Bill Clinton Administration to enable employees to take unpaid time off to tend to a medical or familial event that makes attendance at work impossible. Specifically, FMLA was created to

“to balance the demands of the workplace with the needs of families, to promote the stability, economic security of families, and promote national interests in preserving …

Labor’S Obstacles And Democracy’S Demise, Angela B. Cornell

Cornell Law Faculty Publications

At a time when democratic institutions have been weakened by populist and authoritarian-leaning regimes around the globe, it is imperative that we revisit the fundamentals of democracy-building institutions, including the importance of strong, independent trade unions. Social science research has confirmed the critical role trade unions have played forging and sustaining democracies. The international human rights framework has long considered labor rights and labor unions as fundamental for social justice, securing peace, and bolstering democracy. Strengthening the meaningful exercise of labor rights is one important way to bolster democratic institutions. Union density in the USA reached its lowest point in …

Setting The Agenda: The Legal And Historical Context To Best Understand How Transportation Technology Might Be Regulated To Combat Forced Labor, Brittany Eastman

Journal of Law and Mobility

Transportation is a piece of all human activity. As individuals and as a society, the logistics of getting people and goods from one place to another is a question we answer countless times a day. Just today, billions of people drove to work, took the bus to school, used a rideshare to get to the store, or took the train into the city to enjoy an evening out on the town. This list does not even consider all the items people have ordered online which will be shipped and delivered to homes. Even more exciting is the innovation that inspired …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

Enhancing Healthcare Professional Practice In The Philippines Toward Asean Integration Through The Continuing Professional Development Law, Kevin T. Crispino, Ian Christopher N. Rocha

ASEAN Journal of Community Engagement

The Republic Act 10912, otherwise known as the Continuing Professional Development (CPD) Act of 2016, was passed into law to promote and upgrade the practice of healthcare professions in the Philippines. Since the establishment of the Association of Southeast Asian Nations (ASEAN) Economic Community (AEC), CPD has been considered an area of development through which Filipino professionals are trained to become globally competitive. The Philippine government upholds several agreements made among ASEAN member-states, including recognizing professionals in every ASEAN country, facilitating the mobility of professions within the region, exchanging expertise on standards and qualifications, promoting best practices, and providing valuable …

[Dis]Assembling Race: The Fepc In Oklahoma, 1941-1946, Arley Ward

Graduate Theses and Dissertations

On the World War II home front in Oklahoma the Fair Employment Practice Committee (FEPC) succeeded in securing defense jobs for African Americans. The efforts of the committee, The Oklahoma Eagle, the Oklahoma City Black Dispatch, and the State Conference of Branches of the National Association for the Advancement of Colored People (NAACP) advanced civil rights in Oklahoma throughout World War II and beyond. The efforts of the FEPC in Oklahoma connect civil rights efforts in the 1940s directly to Brown v Board of Education, (1954) and the classic civil rights movement.

Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton

Critical Questions

On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act into law, ending a protracted bipartisan battle, ultimately resulting in a compromise between parties. The $1.2 trillion bill serves as the first major project of President Joe Biden’s “Build Back Better” plan. Although it has not received much attention from most citizens, it will have far-reaching effects for many years to come.

Albert Mupila V. Yu-Wei Comp/ Irclk/222/2022, Chanda Chungu

SAIPAR Case Review

An employee was employed on an oral contract of employment since June 2016 by an employer engaged in providing casino services. He was never availed with a copy of his contract and was paid a salary below the prescribed minimum for workers protected by the Shop Workers Order.

During 2021, he raised a complaint relating to his NAPSA contributions and was subsequently summarily dismissed. He commenced an action before the Industrial Relations Division of the High Court seeking the following reliefs:

• Benefits for the years worked;

• Leave days;

• Unfair and wrongful dismissal; and

• Costs and any …

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

A New Morning In Higher Education Collective Bargaining, 2013-2019, William A. Herbert

Publications and Research

This book chapter appears in Julius, D. J. (ed.), Collective Bargaining in Higher Education: Best Practices for Promoting Collaboration, Equity, and Measurable Outcomes (Routledge, New York and London). The chapter analyzes and contextualizes data concerning the growth in unionization and collective bargaining involving faculty, postdoctoral scholars, and graduate assistants from 2013 to 2019, the period between the economic fallout from the Great Recession and the consequences of the COVID-19 pandemic. It discusses the democratic values underlying collective bargaining and the historical and legal development of unionization at public and private institutions over the decades. It identifies three significant new trends …

Graduate Student Employee Unionization In The Second Gilded Age, William A. Herbert, Joseph Van Der Naald

Publications and Research

In debates on the future of work, a common theme has been how work became
less secure through the denial of employee status. Though much of the attention
has focused on other industries, precarity has also affected those working in
higher education, including graduate student employees, contributing to what is
now called the “gig academy.” While universities have reassigned teaching and
research to graduate assistants, they have also refused to recognize them as
employees. Nevertheless, unionization has grown considerably since 2012, most
significantly at private institutions. Utilizing a unique dataset, this chapter
demonstrates that between 2012 and 2019, graduate student …

Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich

Psychology from the Margins

As the popularity of biodata in selection assessments grew in the 1980s and into the 1990s, the field of industrial and organizational psychology witnessed many attempts to develop biodata theories and guide the development of biodata items. The insights that emerged from this body of research are increasingly relevant in the current era of big data, artificial intelligence (AI), and machine learning. More than ever, AI and machine learning are being used to score candidates and make hiring recommendations. Many organizations are using data-driven approaches to develop machine learning and AI algorithms, which are frequently atheoretical, based on correlations or …

Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas

The Scholar: St. Mary's Law Review on Race and Social Justice

Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …

Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Work is often a significant part of one’s life. Decisions by employers — including hiring decisions and choices on how to treat employees at work — can have life-changing effects on lives and livelihoods. Therefore, if there were reason to suspect that some employers make such decisions on the grounds of applicants’ or employees’ race, sex, or other personal characteristics without a valid reason, then we should be worried. If that were to become widespread, our society would suffer. Some people would face greater challenges than others at work, and therefore in life, merely because of who they are.

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano

LSU New Orleans Theses and Dissertations

The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Martinez-Cuevas V. Deruyter Brothers And Covid-19: Is It Time To Re-Examine Farmworker Labor Protections?, Margaret Todd, Sarah Everhart

Journal of Food Law & Policy

In the fall of 2020, in the midst of the COVID-19 global pandemic, a closely divided (5-4) Washington Supreme Court, in Martinez-Cuevas v. Deruyter Bros. Dairy Inc.1, held that dairy workers, despite a state wage and hour law2 specifically exempting agricultural workers, are entitled to overtime pay. The Court based its decision, in part, on the dangerous nature of the work performed by the dairy workers.3 Although the decision was specific to dairy workers in Washington, the majority of U.S. farmworkers are not entitled to overtime wages while working jobs that are generally considered dangerous and have been made more …

Review Of Philosophical Foundations Of Labour Law, Edited By Hugh Collins, Gillian Lester, And Virginia Mantouvalou, Matthew Dimick

Book Reviews

No abstract provided.

Geoprivacy, Convenience, And The Pursuit Of Anonymity In Digital Cities, Jerome Dobson, William A. Herbert

Publications and Research

Cities demand spatial efficiencies that can be achieved only through sharing of information. Current technologies support collection, processing, and dissemination of unprecedented quantities of personal, public, and corporate information. Inherent in this milieu is an inevitable contest among societal efficiency, corporate profits, consumer convenience, personal privacy, and even freedom. The authors examine current trends in technology, data collection, legislation, and public acceptance. They find that without broad specific regulations limiting location data collection and use—including a universal protected right for individuals to pursue anonymity—governments, commercial enterprises, employers, and individuals increasingly will exploit tracking technologies at the expense of geoprivacy.

Wage Theft Criminalization, Benjamin Levin

Scholarship@WashULaw

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes …

Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie

Scholarship@WashULaw

Employers are increasingly relying on artificially intelligent (AI) systems to recruit, select, and manage their workforces, raising fears that these systems may subject workers to discriminatory, invasive, or otherwise unfair treatment. This article reviews those concerns and provides an overview of how current laws may apply, focusing on two particular problems: discrimination on the basis of protected characteristics like race, sex, or disability, and the invasion of workers’ privacy engendered by workplace AI systems. It discusses the ways in which relying on AI to make personnel decisions can produce discriminatory outcomes and how current law might apply. It then explores …

Ai And Inequality, Pauline Kim

Scholarship@WashULaw

This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, these technologies risk increasing inequality by reproducing or exacerbating the marginalization of historically disadvantaged groups, and by reinforcing power hierarchies that contribute to economic inequality. Using the employment context as the primary example, this Chapter explains how AI-powered tools that are used to recruit, hire and …

Federation Divided, Max M. Balton

Capstones

At the start of the 2020 school year, a lack of covid safety plans led teachers like Rosy Clark to protest, urging her union the United Federation of Teachers to act. She and other progressives in the dissident caucus, Movement of Rank and File Educators, were willing to strike to ensure their safety. Union leadership hesitated largely because public union strikes are illegal under the state’s Taylor Law.

This four-part audio documentary looks at the history of the UFT and this contentious state law. The union began striking under more onerous strike prohibition legislation. Its roots are steeped in radical …

Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James

SAIPAR Case Review

No abstract provided.

Countenancing Employment Discrimination: Facial Recognition In Background Checks, Kerri A. Thompson

Texas A&M Law Review

Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known …