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- Scholarly Articles in Law Reviews & Journals (54)
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Articles 61 - 90 of 226
Full-Text Articles in Labor and Employment Law
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Introduction To Worker Cooperatives And Their Role In The Changing Economy, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
This article advocates for cooperatives as a vehicle for protecting and empowering vulnerable workers, like those in New York’s nail salons. Some may argue that worker cooperatives are unnecessary and that advocacy groups and legislation would be just as effective. California has a nonprofit, the California Healthy Nail Salon Collaborative (CHNSC), which is dedicated to advocating for healthy working conditions for nail workers. The organization is composed of key stakeholders in the nail salon industry, including individual manicurists, environmental organizations, researchers, reproductive justice groups, and government agencies. CHNSC created a “healthy nail salon” certification as an incentive for owners to …
Exploited At The Intersection: A Critical Race Feminist Analysis Of Undocumented Latina Workers And The Role Of The Private Attorney General, Llezlie Green
Scholarly Articles in Law Reviews & Journals
Undocumented Latina workers experience wage theft and other workplace exploitation at alarmingly high rates. The stock stories associated with immigrant workers often involve male day laborers or female domestic workers and fail to capture the experiences of women toiling in the farms, restaurants, factories, and home and business cleaning services that employ hundreds of thousands of immigrant women. The resulting invisibility of undocumented Latina women in the typical narratives parallels the paucity of undocumented Latina workers who make legal claims against their exploitative employers. Their distinct experiences are characterized by multiple intersecting vulnerabilities based upon their ethnicity, gender, and immigration …
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle
Scholarly Articles in Law Reviews & Journals
In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or leaving …
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Upper Level Writing Requirement Research Papers
No abstract provided.
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Scholarly Articles in Law Reviews & Journals
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Labor & Employment Law Forum
No abstract provided.
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi
Labor & Employment Law Forum
No abstract provided.
Sleeping With The Enemy: The Nflpa And Nfl’S Lockout Side-Agreement Subjecting Cedric Benson To A Suspension For His Conduct During The Lockout Violated The Union’S Duty Of Fair Representation, José Marrero
Labor & Employment Law Forum
No abstract provided.
Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers, Mike Lewis
Labor & Employment Law Forum
No abstract provided.
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr
Labor & Employment Law Forum
No abstract provided.
Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children, Paul Cook
Labor & Employment Law Forum
No abstract provided.
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg
The Modern American
No abstract provided.
Using Border Trade Adjustments To Address Labor Rights Concerns Under The Wto, Micah Globerson
Using Border Trade Adjustments To Address Labor Rights Concerns Under The Wto, Micah Globerson
Labor & Employment Law Forum
No abstract provided.
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs
Labor & Employment Law Forum
No abstract provided.
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins
Labor & Employment Law Forum
No abstract provided.
The Military’S Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila
The Military’S Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila
Labor & Employment Law Forum
No abstract provided.
A Preferred Approach: How Minority-Owned Businesses Can Combat Union Discrimination, Edward Frischling
A Preferred Approach: How Minority-Owned Businesses Can Combat Union Discrimination, Edward Frischling
Labor & Employment Law Forum
No abstract provided.
Flexible Workplace Solutions For Low-Wage Hourly Workers: A Framework For A National Conversation, Liz Watson, Jennifer E. Swanberg
Flexible Workplace Solutions For Low-Wage Hourly Workers: A Framework For A National Conversation, Liz Watson, Jennifer E. Swanberg
Labor & Employment Law Forum
No abstract provided.
Forgotten Fathers: The Disparate Impact Of The Fmla’S Unpaid Parental Leave Provision, Elizabeth Moran
Forgotten Fathers: The Disparate Impact Of The Fmla’S Unpaid Parental Leave Provision, Elizabeth Moran
Labor & Employment Law Forum
No abstract provided.
Immigration And The Vulnerable Worker: We Built This Country On Cheap Labor, Leila Higgins
Immigration And The Vulnerable Worker: We Built This Country On Cheap Labor, Leila Higgins
Labor & Employment Law Forum
No abstract provided.
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
American University Business Law Review
No abstract provided.
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda
Labor & Employment Law Forum
No abstract provided.
Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace, Owen E. Herrnstadt
Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace, Owen E. Herrnstadt
Labor & Employment Law Forum
No abstract provided.
Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies, Laurie Monahan
Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies, Laurie Monahan
Labor & Employment Law Forum
No abstract provided.
A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff
A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green
Scholarly Articles in Law Reviews & Journals
Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Scholarly Articles in Law Reviews & Journals
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …