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Articles 61 - 90 of 234
Full-Text Articles in Labor and Employment Law
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Nevada Supreme Court Summaries
The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Legal Ethics And Labor Law Professors As Amici Curiae Supporting Appellants, Nat'l Fed'n Of Indep. Bus. V. Perez, Ruben J. Garcia
Brief For Legal Ethics And Labor Law Professors As Amici Curiae Supporting Appellants, Nat'l Fed'n Of Indep. Bus. V. Perez, Ruben J. Garcia
Court Briefs
No abstract provided.
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Politics At Work After Citizens United, Ruben J. Garcia
Politics At Work After Citizens United, Ruben J. Garcia
Scholarly Works
There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the "one percent" in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …
Workplace Law Cases In The Tenth Term Of The Roberts Court: Between The Usual Ideological Lines, Ruben J. Garcia
Workplace Law Cases In The Tenth Term Of The Roberts Court: Between The Usual Ideological Lines, Ruben J. Garcia
Scholarly Works
My review of the Supreme Court's October 2014 Term will focus on cases involving workplace law statutes such as the Fair Labor Standards Act of 1938 (FLSA), Title VII of the Civil Rights Act of 1964 (Title VII), the Labor Management Relations Act of 1947 (LMRA) and the Whistleblower Protection Act of 1989 (WPA). These cases can be viewed through the lens of the following trends: 1) the Court continues its judicial narrowing of the Fair Labor Standards Act and federal labor law; 2) plaintiffs who have the backing of the administrative agencies are more likely to be successful; and …
"An Equally Divided Court": Workplace Law In The U.S. Supreme Court 2015-2016, Ruben J. Garcia
"An Equally Divided Court": Workplace Law In The U.S. Supreme Court 2015-2016, Ruben J. Garcia
Scholarly Works
The 2015-2016 Term of the United States Supreme Court was scarcely halfway over when Justice Antonin Scalia passed away on February 12, 2016. This event and the political gridlock over his successor defined the Term in some ways more than the actual decisions of the Court, particularly when the resulting vacancy led an “equally divided” Supreme Court to affirm the courts below in a one sentence judgment. The most watched of these cases in workplace law was Friedrichs v. California Teachers Association, where the Supreme Court’s 4-4 tie avoided the overruling of decades of precedent upholding the constitutionality of agency …
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores the high cost of healthcare and the trend in health insurance to shift the cost of health care to patients in an attempt to influence their behavior and health decisions. He examines such strategies as reference pricing, scaled cost-sharing, and employee wellness programs.
Subsidized Egg Freezing In Employment: Autonomy, Coercion, Or Discrimination?, Ann C. Mcginley
Subsidized Egg Freezing In Employment: Autonomy, Coercion, Or Discrimination?, Ann C. Mcginley
Scholarly Works
In 2014, Apple and Facebook announced that they would provide up to $20,000 for female employees to freeze their eggs as an employment benefit. These announcements raised mixed reviews. Some applauded the decision because they believe that egg freezing may offer to women more control over their reproductive choices. Others argued that the new benefit sends the wrong message to women and that encouraging good parenting by giving better parental leave and child care policies would be more beneficial to families. Others were concerned that this “benefit” applies only to professional or managerial-class women, but may not be helpful to …
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Mensah V. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015), Jaymes Orr
Mensah V. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015), Jaymes Orr
Nevada Supreme Court Summaries
The Court held self-employed workers may still be entitled to temporary disability and the employee’s lost wages should be calculated by considering business income and losses and not strictly evidence of a traditional salary
Summary Of D&D Tire, Inc., V. Ouellette, 131 Nev. Adv. Op. 47 (Jul. 02, 2015), Jaymes Orr
Summary Of D&D Tire, Inc., V. Ouellette, 131 Nev. Adv. Op. 47 (Jul. 02, 2015), Jaymes Orr
Nevada Supreme Court Summaries
The Court held that a subcontractor or independent contractor is not immune to liability for workplace injuries if the work being performed is a specialized repair. Ouellette was injured by an employee of Purcell while performing a task that would not be considered a specialized repair. The employee, however, was only present on the job site because of a specialized repair. The Court, however, held that the activity leading to the injury must be considered in context and the employee would not have been present but for the repair.
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Nevada Supreme Court Summaries
NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.
Summary Of Hohenstein V. State Emp’T Sec. Div., 131 Nev. Adv. Op. 17 (Apr. 2, 2015), Walter Fick
Summary Of Hohenstein V. State Emp’T Sec. Div., 131 Nev. Adv. Op. 17 (Apr. 2, 2015), Walter Fick
Nevada Supreme Court Summaries
The Court determined that NRS 453.3363 prevents the Nevada Employment Security Division from using a guilty plea for a first-time drug offense, which led to a suspended sentence pending completion of probation, to justify denying unemployment benefits on the grounds of misconduct.
Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Charlotte Alexander, Anna Haley-Lock, Nantiya Ruan
Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Charlotte Alexander, Anna Haley-Lock, Nantiya Ruan
Scholarly Works
Low-wage, hourly-paid service workers are increasingly subject to employers' "just-in-time" scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet unexpected customer demand, and send workers home early when business is slow. The federal Fair Labor Standards Act, the main guarantor of workers' wage and hour rights, provides no remedy for the unpredictable work hours and income instability caused by employers' last minute call-in and send-home practices. This Article examines two alternative sources of legal protection that have received little attention in the literature on …
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Scholarly Works
No abstract provided.
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Scholarly Works
Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Scholarly Works
Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay expressed …
Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy
Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy
Nevada Supreme Court Summaries
The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.
Summary Of Terry V. Sapphire Gentlemen’S Club, 130 Nev. Adv. Op. 87, Walter Fick
Summary Of Terry V. Sapphire Gentlemen’S Club, 130 Nev. Adv. Op. 87, Walter Fick
Nevada Supreme Court Summaries
The Court adopted the “economic realities” test of the Fair Labor Standards Act, and held as a matter of law that performers at the Sapphire Gentlemen’s Club were “employees within the meaning of NRS 608.010, and thus entitled to the minimum wages guaranteed by NRS Chapter 608.”
Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan
Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan
Nevada Law Journal
No abstract provided.
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
Nevada Law Journal
No abstract provided.
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Nevada Law Journal
No abstract provided.
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Nevada Law Journal
No abstract provided.
How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green
How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green
Nevada Law Journal
No abstract provided.
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato
Nevada Law Journal
No abstract provided.
Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison
Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison
Nevada Law Journal
No abstract provided.
Title Vii And Diversity, Kingsley R. Browne