Labor and Employment Law Commons^™

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.

Domestic Guestworkers: A Call To End The H-2b Program And Empower American Workers, Preston Huennekens

Kentucky Law Journal

No abstract provided.

The Fall Of America's Final Free Labor Market: Considering The New Age College Athlete As An Employee Under The Nlra And Flsa, Ethan Schaaf

Kentucky Law Journal

No abstract provided.

Fifty More Years Of Ineffable Quo? Workers' Compensation And The Right To Personal Security, Michael C. Duff

Kentucky Law Journal

No abstract provided.

The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford

Kentucky Law Journal

No abstract provided.

Freed From Prison And Unemployed: What Happens After Your Prison Job Ends?, Stephanie Hunter Mcmahon

Kentucky Law Journal

No abstract provided.

The Wnba's 2020 Collective Bargaining Agreement: A Slam Dunk For Working Women And Mothers, Josh Lens

Kentucky Law Journal

No abstract provided.

False Hope: How Kentucky's Unpaid Wage Lien Laws Fail To Protect Our Most Vulnerable Workers, B. Gammon Fain

Kentucky Law Journal

No abstract provided.

The Working Student Problem: Why Unpaid Interns In The Kentucky Equine Industry Need Greater Statutory Protection, Sarah Turri

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Sarah Turri explores how working students in Kentucky’s equine industry are treated like unpaid interns, working long hours for little or no pay. She explains that this leaves them without minimum wage or civil rights protections and worsens inequality in the equestrian sport. Turri argues for extending statutory protections to working students and proposes that Kentucky follow other states in safeguarding these vulnerable workers.

Let Kids Be Kids: Why The Fair Labor Standards Act Of 1938 Desperately Needs A Revision, Cori Agnoni

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Arbitration Of Erisa Statutory Claims, Kathryn L. Moore

Law Faculty Books and Chapters

In light of the flood of fiduciary litigation in recent years, some plan sponsors have considered amending their plans to include provisions requiring mandatory arbitration of claims and waivers of class action or collective claims. All things being equal, arbitration is potentially more efficient and less costly than litigation, and plan sponsors hope that mandatory arbitration and class action waivers may save them time and money in the current litigious environment. In fact, however, under the current state of the law, arbitration provisions may lead to protracted litigation and additional costs, including the cost of litigating the enforceability of the …

Jockeying For The Labor-Dispute Exemption: How The First Circuit Wrongly Exempted Independent Contractors From Antitrust Law, But Why Congress Should Expand The Exemption, Dylan Keefe

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Excessive Fee Litigation In Light Of Hughes V. Northwestern University, Kathryn L. Moore

Law Faculty Books and Chapters

On September 11, 2006, Jerry Schlichter, a personal injury lawyer from St. Louis, Missouri, rocked the 401(k) plan market by filing a flurry of lawsuits against major corporations alleging that their 401(k) plans were paying excessive fees for plan administration and asset management that harmed employees in violation of their fiduciary duties under ERISA. Between 2006 and 2007, 31 excessive fee suits were filed by Schlichter and other firms. Following several large settlements, including a $62 million settlement by Lockheed Martin, a second wave of excessive fee litigation began in 2015 with more than 50 suits filed in both 2016 …

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 …

Sunshine Patriot Or Cold War Casualty?: An Examination Of Wrongful Exposure Suits Brought By Nuclear Complex Employees, Christopher S. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.

A Work Place Surveillance: Who's Watching?, Mark E. Heath

Journal of Natural Resources & Environmental Law

No abstract provided.

Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez

Journal of Natural Resources & Environmental Law

No abstract provided.

Vicarious Liability For Mine Safety And Health Violations, William K. Doran

Journal of Natural Resources & Environmental Law

No abstract provided.

National Institute Of Occupational Safety And Health: Limits Of Authority In Rulemaking Under The Federal Mine Safety And Health Act Of 1977, Michael T. Heenan, C. Gregory Ruffenach

Journal of Natural Resources & Environmental Law

No abstract provided.

Establishing Union Liability For Unauthorized Strikes, Glenn C. Van Bever

Journal of Natural Resources & Environmental Law

No abstract provided.

The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins

Journal of Natural Resources & Environmental Law

No abstract provided.

The Surprising Cost Of Benefits: The Legislative History Of The Federal Black Lung Benefits Program, Jonathan P. Nase

Journal of Natural Resources & Environmental Law

No abstract provided.

Drug And Alcohol Abuse In Mining: An Employer's Dilemma, Barbara L. Krause

Journal of Natural Resources & Environmental Law

No abstract provided.

Current Issues In The Law Of Discrimination And Miners' Rights Under The Federal Mine Safety & Health Act Of 1977, Thomas C. Means

Journal of Natural Resources & Environmental Law

No abstract provided.

Unprotected And Overworked: An Analysis Of The Abuses Migrant Horse Workers Face Under The H-2b Program, Jocelyn Lucero

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Kentucky Workers’ Compensation Laws: Mulling Over The “Agricultural” Exemption, Bennett Z. Tuleja

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Lost And Found: Reuniting Missing Participants And Lost Pensions, Kathryn L. Moore

Law Faculty Books and Chapters

In the United States, the problem of missing participants and lost pensions is huge. Although there is no precise estimate of the size of the problem, the PBGC reports that more than 80,000 workers have unclaimed pensions worth more than $300 million and Terry Dunne of Millennium Trust Company has made “an educated guess based on government and industry data that more than 900,000 workers lose track of 401k-style, defined-contribution plans each year.” Anecdotally, Kyle Garrett posted on July 8, 2020, that in his 15 years at the Pension Rights Center, the most frequent question he has received from callers …

Proposal: Protecting U.S. Agricultural Workers Utilizing Existing Legal Structures And Augments To The U.S. Farm Bill, Alexia M. Kulwiec

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Taking Care Of The Caretakers: An Argument For A Cross-Sectoral Approach To Mental Health Resources For Farmers, Ranchers, And Agricultural Workers, Mary Dallas

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Rise And Fall Of Unions In The Coal Industry: How The New Era Of Labor Union Resurgence Can Protect The Miners That Remain, Emily Allender

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.