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Articles 31 - 60 of 119
Full-Text Articles in Labor and Employment Law
Kasten V. Saint-Gobain Performance Plastics: Protecting Oral Complaints At The Expense Of Workplace Complaints, Shaun O'Donnell
Kasten V. Saint-Gobain Performance Plastics: Protecting Oral Complaints At The Expense Of Workplace Complaints, Shaun O'Donnell
Proxy
No abstract provided.
Wal-Mart Stores V. Dukes: Lessons For The Legal Quest For Equal Pay, Deborah Thompson Eisenberg
Wal-Mart Stores V. Dukes: Lessons For The Legal Quest For Equal Pay, Deborah Thompson Eisenberg
Faculty Scholarship
The Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes provides a unique opportunity to reflect on whether and how the legal system should address unjustified pay disparities between men and women who perform similar jobs. This Article describes the Court’s decision and analyzes the insights it offers about the legal quest for equal pay. First, Wal-Mart demonstrates the tension between Title VII’s focus on the employer’s intent and the economic realities of how pay discrimination happens in the modern workplace. As the women at Wal-Mart experienced and research confirms, pay disparities tend to be the greatest when employers delegate …
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener
Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener
Maryland Law Review
No abstract provided.
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Faculty Scholarship
The Equal Pay Act had a distinct market purpose. Congress made a policy choice to modify the existing compensation market so that employees who perform jobs requiring substantially “equal skill, effort, and responsibility” earn equal wages, regardless of sex. The Act aimed not simply to promote individual fairness, but to foster a more efficient, equitable wage market on a systemic level. Congress recognized that paying lower wages to women constituted “an unfair method of competition,” burdened “commerce and the free flow of goods in commerce,” and prevented the “maximum utilization of available labor resources.” Over time, however, the “market” in …
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Faculty Scholarship
This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …
State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas
Legal History Publications
In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages. …
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Fields V. Prater: The Fourth Circuit’S Lost Opportunity To Further Define The Boundaries Of Political Patronage In Public Employment, Joshua J. Miller
Fields V. Prater: The Fourth Circuit’S Lost Opportunity To Further Define The Boundaries Of Political Patronage In Public Employment, Joshua J. Miller
Maryland Law Review
No abstract provided.
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Foreword, Margaret E. Johnson
Foreword, Margaret E. Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Maryland Journal of International Law
No abstract provided.
Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller
Maryland Law Review
No abstract provided.
Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty
Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty
Journal of Health Care Law and Policy
No abstract provided.
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
Maryland Law Review
No abstract provided.
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
International Collaborative on Social Europe
When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Faculty Scholarship
International labor standards are among the oldest international standards pertaining to the conduct of private, as well as public, economic actors. Far from being settled, however, nearly every aspect of the current international labor standards regime is in flux: the role of labor standards in the international legal, economic, political, and social order, as well as in the parallel domestic orders; the modes by which standards are brought into being; the manner and means of their implementation and enforcement; the degree to which they may be binding solely on nation-state parties, and enforceable only at their behest; and the extent …
The Temporally-Flawed Concept Of Binding Promises In American Collective Bargaining And Employee Benefits Law: A Source Of The Concurrent Crises In The U.S. Industrial Relations, Retirement, And Health Care Systems, Marley S. Weiss
Faculty Scholarship
The American collective bargaining system is in serious trouble, as is the employee benefits system providing pensions and health care benefits for millions of non-union as well as unionized workers and retirees. The portion of the labor force covered by collective bargaining has dropped so low that one can barely refer to it as a system. Simultaneously, the American private employer-based pension system is moving towards a crisis. Large employers with the finest pension plans, covering thousands of workers and retirees, in industry after industry, are terminating their pension plans, or replacing them with cheaper, weaker retirement programs, often while …
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes
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.
Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss
Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss
Faculty Scholarship
No abstract provided.
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Faculty Scholarship
I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.
Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley
Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley
Maryland Law Review
No abstract provided.
Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss
Faculty Scholarship
No abstract provided.
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.