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Articles 901 - 930 of 1024

Full-Text Articles in Labor and Employment Law

Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review Feb 1937

Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review

Michigan Law Review

The owner of an automobile suffered personal injury and injury to his car when his chauffeur ran into another vehicle. Held, in overruling defendant's demurrer, that an employer has a cause of action against his chauffeur for negligence, there being no grounds. of policy against such an action and there being no joint enterprise and hence no negligence imputed to the employer. Darman v. Zilch, (R. I. 1936) 186 A. 21.

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Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller Feb 1937

Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller

Michigan Law Review

The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.

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Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard Jan 1937

Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard

Michigan Law Review

Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).

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Contracts - Interpretation - "Permanent Employment'', Michigan Law Review Dec 1936

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review

Michigan Law Review

Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …

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Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz Dec 1936

Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz

Michigan Law Review

Defendant union picketed in an orderly manner to secure the cooperation of plaintiff's employees in the unionization of his open shop establishment. Plaintiff had apparently been unopposed to such unionization but, when his employees failed to respond to defendant's solicitations, had declined to encourage it in any way. Held, defendants, their agents, etc., enjoined from picketing plaintiff's place of business. Safeway Store, Inc. v. Retail Clerks' Union, 184 Wash. 322, 51 P. (2d) 372 (1935).

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The Fiction Of Peaceful Picketing, Frank E. Cooper Nov 1936

The Fiction Of Peaceful Picketing, Frank E. Cooper

Michigan Law Review

Efforts of labor organizations during the past decade to secure the enactment of legislation guaranteeing strikers the privilege of peaceably picketing their employers' places of business, appear to have gained for union members no more than a Pyrrhic victory. Although at least nineteen states now have statutes intended to prohibit judicial interference with peaceful picketing, a review of recent cases in this ever timely field indicates that in general such laws have been construed to limit the privileges of pickets to activities so pusillanimous as to be of little aid to the strikers and of little annoyance to employers. In …

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Constitutional Law-Police Power -Validity Of Compulsory Unemployment Insurance Act Jun 1936

Constitutional Law-Police Power -Validity Of Compulsory Unemployment Insurance Act

Michigan Law Review

Complainants asked for a declaratory judgment that the New York Unemployment Insurance Act is unconstitutional. They contended that the law, providing for the payment of limited unemployment benefits out of a fund raised by a uniform payroll tax imposed on all employers, takes property without due process of law. Held, that the law is valid, violating neither the state nor the Federal Constitution. W. H. H. Chamberlain, Inc. v. Andrews, 271 N. Y. 1, 2 N. E. (2d) 22 (1936).

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Constitutional Law - Minimum Wage Decision - Future Of Legislation By States Jun 1936

Constitutional Law - Minimum Wage Decision - Future Of Legislation By States

Michigan Law Review

The shadow of a thirteen-year old decision which many had hoped was laid forever again fell upon the field of minimum wage legislation as the Supreme Court invalidated the New York minimum wage law for women. With this holding, which came as a surprise to many, the issue of the constitutionality of minimum wage legislation was again thrust into the limelight, and with the two great political parties wrestling with the problem of party programs, the decision may have political repercussions, of a force as yet incalculable. Before considering the future of minimum wage legislation, let us take a brief …

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Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded Dec 1935

Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded

Michigan Law Review

A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …

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Constitutional Law - National Industrial Recovery Act May 1935

Constitutional Law - National Industrial Recovery Act

Michigan Law Review

Defendants conducted wholesale poultry slaughterhouse markets. They had been convicted in a District Court of violating the following provisions of the "Live Poultry Code," promulgated under Section 3 of the National Industrial Recovery Act: (1) Minimum wages; (2) Maximum hours; (3) Requirement of "straight killing"; (4) Requirement of compliance with the inspection ordinances of the City of New York; (5) Requirement of filing of true reports of volume of business, etc., to the Code Authority; (6) Requirement of sale to dealers licensed by the City of New York. On a writ of certiorari to the Supreme Court of the United …

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Constitutional Law-Validity Of State Anti-Injunction Legislation Mar 1935

Constitutional Law-Validity Of State Anti-Injunction Legislation

Michigan Law Review

The development of organized labor in the United States has created difficult legal and social problems with which the courts and the legislatures are required to deal. The courts were the first to deal with these problems and, rightly or wrongly, attempted to apply to them the existing rules of law. For instance, the rules of property law have been applied. Where organized labor interfered with the carrying of the mail, it was said that the federal government had a property right in the mails. Where the carrying on of a business was interfered with, it was held that the …

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Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B. Jan 1935

Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.

Michigan Law Review

The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …

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Organized Labor And The Recovery Act, Emmett B. Mcnatt Apr 1934

Organized Labor And The Recovery Act, Emmett B. Mcnatt

Michigan Law Review

The enactment of the National Industrial Recovery Act last June inevitably has brought to the fore a number of questions which as yet remain unanswered, including those connected with the application and interpretation of Section 7(a) of the Recovery Act, the subject of this article. Under this section, hailed by labor as a "new Magna Charta," employees are apparently given two interrelated rights - the right to organize with no discrimination against them by employers as a result thereof, and the right to collective bargaining through representatives of their own choosing. Employers are prohibited from interfering with such rights through …

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Corporations - Identity As Basis For Enforcing Contract Of Predecessor Against Successor - Fraud Feb 1934

Corporations - Identity As Basis For Enforcing Contract Of Predecessor Against Successor - Fraud

Michigan Law Review

The stockholders and officers of the Old South Engraving Company, wishing to escape a contract whereby that corporation was bound to hire only union labor, organized the Old South Photoengraving Corporation which purchased the business of the Engraving Company, giving therefor 9,000 of the issue of 12,000 no-par shares and issuing the rest to the stockholders of the Engraving Company in proportion to their holdings therein. It was announced that the Engraving Company would cease operating Saturday, June 4, and employees were given due notice. On Monday, June 6, the new company began operating at the same location with non-union …

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Constitutional Law-Strike As Interference With Interstate Commerce Dec 1933

Constitutional Law-Strike As Interference With Interstate Commerce

Michigan Law Review

Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …

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National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union Dec 1933

National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union

Michigan Law Review

Plaintiff, a Wisconsin labor union, was granted a temporary injunction restraining defendant shoe company, a party to the President's Re-employment Agreement, from "further interference with the right of its employes to organize into unions of their own free will and choice" and from "interfering with . . . the freedom of its employes in the designation of representatives of their own choice for the purpose of bargaining collectively" with the company. The court decided that defendant had violated its agreement with the President to comply with section 7 (a) of the National Industrial Recovery Act. This last was based on …

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Torts - Principal And Agent - Liability For Negligent Driving Dec 1933

Torts - Principal And Agent - Liability For Negligent Driving

Michigan Law Review

Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.

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Contracts - Duration Of Employment When No Time Is Specified Nov 1933

Contracts - Duration Of Employment When No Time Is Specified

Michigan Law Review

The plaintiff, claiming a contract from year to year, sued to recover for the unexpired portion of the second year of his employment which defendant had terminated. The offer, made and accepted by mail, was for "the position of General Sales Manager at a salary of $15,000 per year to begin with . . . . " It further appeared that plaintiff had moved from New York to Milwaukee, that he had been making more money per year prior to this employment, and that payment by defendant had been made monthly. Held, that the hiring was indefinite and terminable …

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Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions Apr 1933

Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions

Michigan Law Review

The plaintiff, a taxpayer, brought a bill to prevent the defendant from carrying out a contract with a certain construction company. The plaintiff alleged that the requirement in the proposal for bids that all laborers should have been residents of Delaware for at least six months prior to the awarding of the contract violated the lowest responsible bidder statute. Held, it not having been shown that the requirement would, as a matter pf fact, increase the cost, it therefore did not violate the statute, Ebbeson v. The Board of Public Education in Wilmington, (Del. 1931) 156 Atl. 286.

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Adequacy Of Strike Injunctions, J. P. Dawson Mar 1933

Adequacy Of Strike Injunctions, J. P. Dawson

Michigan Law Review

A book review of STRIKE INJUNCTIONS IN THE NEW SOUTH. By Duane McCracken.

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Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union Nov 1932

Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union

Michigan Law Review

Defendant agreed with an employees' union that its employees would not be discharged without cause or without a hearing. The plaintiff, who entered into an employment contract with the defendant for an indefinite term, was discharged by the latter without a hearing, and sued as a third party beneficiary for breach of the defendant's agreement with the union. Held, in Johnson v. Am. Ry Express Co., that this agreement was a valid third party beneficiary contract, and so enforcible by the plaintiff who was one of the parties intended to be benefited by it.

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Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity Jun 1932

Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity

Michigan Law Review

The latest effort of organized labor to protect itself against judicial interference in industrial disputes is to be found in the Norris anti-injunction bill, passed by Congress early this year and signed by the President on March 23, 1932. Its object is to limit the powers of federal courts at law and in equity, and chiefly to regulate the grant of federal injunctions in labor disputes. Similar legislation, state and federal, has encountered many obstacles, either by way of restrictive interpretation or through constitutional limitations. It is, therefore, interesting to examine not only the main provisions of the Norris Act …

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Corporations - Insolvency - Statutes Giving Priority To Wage Claims Apr 1932

Corporations - Insolvency - Statutes Giving Priority To Wage Claims

Michigan Law Review

Statutes giving liens or preferences to wage claims upon the insolvency of corporations are found among the laws of many states. In reference to the priority established, these statutes can be divided into three classes: those specifically stating that the lien or preference created shall be prior to all other claims not secured by specific liens, those specifically stating that wage claims shall be superior to all other claims upon the property of the corporation, including mortgages, and those making wage claims a lien or preferred debt to be paid "before any other debt or debts." Under this last type …

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Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment Mar 1932

Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment

Michigan Law Review

P applied for a position as switchman with the defendant company. Defendant company had a rule that no one should be employed over the age of 45. Employees who had reached the age of 65 were pensioned but this limit was extended in some cases to 70. To gain employment, P, who was 49, represented that he was 38. He was accepted, and worked for 7 years when he was injured through defendant's negligence while engaged in interstate commerce. Held, his misrepresentation to gain employment did not bar recovery under the Federal Employers Liability Act, it not appearing that …

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Protection Of Employees Against Abrupt Discharge, G. T. Schwenning Mar 1932

Protection Of Employees Against Abrupt Discharge, G. T. Schwenning

Michigan Law Review

The dismissal compensation law movement is a significant, though relatively new, effort on the part of industrial nations to minimize the hazards of employment uncertainty. It is a development in labor legislation of recent origin designed to stabilize employment contracts by limiting employers' freedom of arbitrary and abrupt discharge. Where such statutes have been enacted, employers are required to give their employees advance notice of the termination of the labor contract or to pay compensation in lieu of notice. The length of the time of notice ranges in different countries from five days to two years, while the discharge compensation …

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Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant Mar 1932

Master And Servant - "Respondeat Superior" - Responsibility Of Master For The Malicious Act Of Servant

Michigan Law Review

Plaintiff and defendant were competitors in the laundry business. While plaintiff was collecting laundry a dispute arose between him and defendant's driver over the right to certain laundry of which plaintiff had taken possession. The driver undertook to obtain it from plaintiff by force and assaulted him. Suit was brought against the laundry company as principal. Held, though arising out of the business, the assault was outside the scope of employment so defendant was not liable. Morin v. Wet Wash Laundry Company (N. H. 1931) 156 Atl. 499.

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Legislation - Wisconsin Unemployment Insurance Act Mar 1932

Legislation - Wisconsin Unemployment Insurance Act

Michigan Law Review

Culminating years of activity in its state legislature, Wisconsin on January twenty-eighth adopted the Groves Bill (Bill No. 8, A) providing for compulsory unemployment insurance, the first legislation of the sort to be enacted in the United States. For a discussion of unemployment insurance measures introduced at the 1931 legislatures see 30 MICH. L. REV. 410 (January, 1932). The compulsory plan is to become operative July 1, 1933, unless Wisconsin employers employing more than 175,000 workers in the state have by that date established approved voluntary insurance systems.

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Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper Feb 1932

Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper

Michigan Law Review

Insolvency statutes of a majority of American states and the bankruptcy acts of the United States and England allow a preference to the claims of employees for wages accruing prior to the employer's insolvency or bankruptcy. Related types of legislation such as statutes creating an absolute lien on the employer's property to secure payment of wages, giving a preference to the employees of a deceased employer in the administration of his estate, exempting the wages of laborers from attachment or garnishment, making stockholders of a corporation individually liable for debts representing wages due employees, allowing employees to interpose their claims …

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Legislation - Unemployment Insurance Bills Jan 1932

Legislation - Unemployment Insurance Bills

Michigan Law Review

The ever-present problem of unemployment is today particularly acute. The ultimate aim, of course, must be to put an end to unemployment. But achievement of this aim is not in sight, and in the meantime we are set the task of mitigating, so far as possible, the sufferings incident to unemployment. The laissez-faire attitude toward social problems is passing, and an increasing opinion accepts this task of mitigation as resting on society. In 1908 Sir William Beveridge was able to write: "There has been thus a steady, if gradual, growth of the sense of public responsibility for the case of …

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Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm Nov 1931

Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm

Michigan Law Review

Plaintiff's decedent, a minor illegally employed, was killed while in the course of employment. As administrator, plaintiff sought to repudiate the award under the Compensation Act. He proceeded with an action at law and obtained a judgment of $20,000. On writ of error, held, judgment reversed without a new trial; the minor, not having elected otherwise, was bound by the terms of the Workmen's Compensation Act. Thomas v. Morton Salt Co., 253 Mich. 613, 235 N.W. 846 (1931).

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