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Articles 151 - 180 of 183
Full-Text Articles in Labor and Employment Law
Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore
Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore
University of Richmond Law Review
This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …
The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker
The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker
University of Richmond Law Review
The development of the employment-at-will doctrine has tracked the changing character of the work force from the days of simple master-servant domestic relations to the commercial realities of twentieth-century industrial capitalism. The rule grew out of the humane principle that it would be unjust to employ a laborer during the planting and harvesting months, only to discharge that laborer during the harsh winter. Hence, the realities of the agrarian economy of the British Isles and the closeness of the master and domestic servant relationship shaped the yearly hiring rule. This rule developed into a presumption that a hiring for an …
Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube
Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube
University of Richmond Law Review
Acquired Immune Deficiency Syndrome (AIDS) is a fatal illness that attacks the immune system, rendering it incapable of defending the body from a variety of rare infections. In the United States, the syndrome was first observed in 1979 in isolated cases in major metropolitan areas. At that time, it affected a limited group of people, mainly homosexual men and drug abusers. Faced with a deadly illness whose cause and mode of transmission were unknown, the public understandably reacted with fear. Many AIDS victims were shunned from schools, workplaces, housing, courts, and medical facilities.
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
University of Richmond Law Review
Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).
Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey
Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 "is a broad remedial measure designed 'to assure equality of employment opportunities.'" The Su- preme Court, in the seminal Title VII employment discrimination case, Griggs v. Duke Power Co.,s stated that "[t]he objective of Congress in the enactment of Title VII ...was to achieve equality of employment oppor- tunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees."" The Griggs decision has provided the basic framework for analyzing employment dis- crimination cases. The Court held that any employment practices, proce- …
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
University of Richmond Law Review
In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.
Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette
Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette
University of Richmond Law Review
In Virginia, as elsewhere, employees are increasingly challenging the employer's decision to terminate the employment relationship. Consequently, the employer's time and resources are diverted from the operation of business to the defense of employee lawsuits. The probability and'risk of such litigation can be minimized if the employer, advised by his counsel, structures his employment con- tracts and relationships with an awareness of the legal consequences of his actions.
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
University of Richmond Law Review
Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …
The Polygraph In The Workplace, David E. Nagle
The Polygraph In The Workplace, David E. Nagle
University of Richmond Law Review
The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
University of Richmond Law Review
In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …
Employer Duties And Defenses To Osha Violations, Janice G. Murphy
Employer Duties And Defenses To Osha Violations, Janice G. Murphy
University of Richmond Law Review
The Occupational Safety and Health Act of 1970 (hereinafter the Act) was designed to encourage both employers and employees to reduce the number of occupational safety and health hazards at their places of employment. The Secretary of Labor is authorized by the Act to set mandatory standards applicable to businesses affecting interstate commerce, and the Occupational Safety and Health Review Commission was created to handle the adjudication arising from enforcement of the Act. An employer's duties under the Act are to provide employees a work environment "free from recognized hazards that are causing or are likely to cause death or …
Retail Store Employees Union Local 1001 V. Nlrb (Safeco Title Insurance Co.): Extending Tree Fruits To Protect Picketing Of Predominant Product Secondaries, Ann C. Hodges
Law Faculty Publications
The consumer product boycott is a traditional weapon employed by organized labor in disputes with employers. Picketing to solicit support from the public and other workers is also a traditional labor tactic. The legality of seeking support by combining these two methods--picketing a retailer to urge a consumer boycott of the primary employer's product-has been a source of disagreement among the Supreme Court, the United States Court of Appeals for the District of Columbia, and the National Labor Relations Board. The contested issue is whether picketing to instigate a product boycott on the premises of an employer with whom the …
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
University of Richmond Law Review
Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …
Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele
Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele
University of Richmond Law Review
The Virginia Workmen's Compensation Act, first enacted in 1918, generally provides for case benefits and medical care to individuals injured in employment-related accidents. While the Act is neither tort law nor social insurance, it contains elements of both. As social legislation, the Act plays an important role in protecting citizens from loss of wages and provides an important supplement to protection available from the federal Old Age, Survivors' Disability and Health Insurance Program, unemployment compensation and private health and accident insurance plans. In 1979, more than 43,000 Virginia employees filed claims under the Act. Unlike other social insurance programs, however, …
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
University of Richmond Law Review
Courts for some time now have been forced to deal with the validity of covenants not to compete as contained in employment contracts. Considered to be a restraint against trade, these covenants under common law were viewed with disfavor, if not hostility, both nationally and in the Commonwealth of Virginia, as being contrary to the American ideals of individual freedom, competition, and the free flow of commerce. As such they were seldom upheld. It was only after the courts recognized that employers had legitimate concerns and interests worthy of protections that reasonable covenants not to compete began to be enforced …
Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs
Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs
University of Richmond Law Review
The enactment of the Employee Retirement Security Act of 1974 has had a profound and far-reaching impact upon existing employee benefit plans and upon those which have since been created. ERISA, as the act is commonly designated, is a comprehen- sive federal statute with strong consumer protection overtones which sets up strict requirements for regulating most aspects of the operation and administration of private employee benefit plans. Its primary goals are: (1) to protect benefit rights and to provide retirement security for the participants of employee benefit plans by setting out minimum standards for nondiscriminatory participation, vesting, benefit accrual, and …
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
University of Richmond Law Review
Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …
Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson
University of Richmond Law Review
The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
University of Richmond Law Review
In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …
Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak
Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak
University of Richmond Law Review
In order to appreciate the problems and challenges presented by public employee collective bargaining, one should first consider the tremendous growth of the public sector in recent decades. In 1946, there were approximately six million persons employed at all levels of government. By 1974, the total stood at nearly fifteen million. The number of state and local government employees rose from about three and one-half million in 1946, to over eleven and one-half million in 1974.
Critique: A Plaintiff's View, Henry L. Marsh Iii
Critique: A Plaintiff's View, Henry L. Marsh Iii
University of Richmond Law Review
No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.
A Guide To The Law Of Fair Employment, Benjamin Werne
A Guide To The Law Of Fair Employment, Benjamin Werne
University of Richmond Law Review
In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
University of Richmond Law Review
In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.
The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee
The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee
University of Richmond Law Review
On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …
Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.
Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.
University of Richmond Law Review
A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).
Yes Virginia-There Is A Torrens Act
Yes Virginia-There Is A Torrens Act
University of Richmond Law Review
The Torrens law is perhaps the most advantageous yet most infrequently used method of land conveyancing in the United States. This unique system of land registration is the present terminus in the long and ancient history of land conveyancing. Inthe earliest period of land transfers, the method of proving ownership was by actual occupancy. As society became more complex and the need for some formal ratification of owner- ship increased, the ceremony of livery of seisin became the prevalent method of conveying title to land. Later, as the number of land transfers proliferated, a written instrument detailing the history of …
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Law Faculty Publications
An analysis on a worker's compensation case decided by the Supreme Court of Florida.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Equal Pay: The Hospital-Nursing Home Dilemma
Equal Pay: The Hospital-Nursing Home Dilemma
University of Richmond Law Review
The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter …
Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law
University of Richmond Law Review
"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …