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Articles 31 - 60 of 189
Full-Text Articles in Labor and Employment Law
Chinese "Workers Without Benefits", Ron Brown
Chinese "Workers Without Benefits", Ron Brown
Richmond Journal of Global Law & Business
Millions of workers in China are not afforded the rights and benefits of its labor and employment laws and thus are not "workers with benefits." China's labor reforms and worker "safety net" have come so far in the past 30 years, producing "workers with benefits." Why are there still millions of workers in the urban sector who do not have the protections of these labor and employment law reforms, who are the "workers without benefits," falling outside the labor safety net?
Imagining U.S. Labor Relations Without Union Security, Ann C. Hodges
Imagining U.S. Labor Relations Without Union Security, Ann C. Hodges
Law Faculty Publications
Attacks on union finances are intensifying. These assaults, which come in various forms, have the potential to jeopardize the current systems of labor relations in the United States in both private and public sectors. This essay analyzes what might happen if the challenges are successful. Unions may shrink further in size or power, or alternatively, respond to new conditions in ways that strengthen them. Removal of union security might prompt legal change such as elimination of the duty of fair representation, elimination of the system of exclusive representation, or permitting the union to charge nonmembers for actual representation. These changes, …
Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?, Stephen Allred
Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?, Stephen Allred
Law Faculty Publications
In the last twenty years, there has been a significant rise in the popularity of tattoos. Once relegated to the marginal realm of sailors, motorcycle gang members, or dock workers, tattoos are now proudly displayed by NBA stars, rock artists, and film actors. Perhaps not surprisingly, American workers, particularly younger workers, have emulated their idols and obtained tattoos too—at a remarkable rate. In fact, a 2012 Harris Poll found that one in five American adults had at least one tattoo. And while increasing percentages of Americans view tattoos as acceptable (indeed, even as art), tattoos still carry a persistent stigma …
Constitutional Economics, Luke P. Norris
Constitutional Economics, Luke P. Norris
Law Faculty Publications
This Article argues that the conventional narrative about the decline of Lochnerism and the rise of mid-century substantive due process jurisprudence is incomplete. That narrative focuses initially on how the premises underlying Lochner’s conception of economic freedom were rejected. The Article instead focuses on how the labor movement articulated an alternative conception of freedom that was adopted by Congress, the Executive, and the Supreme Court. While Lochnerism was premised on a negative view of freedom, the labor movement articulated a positive view of freedom and analogized it to republican freedom of association in the political sphere. By reframing the terms …
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
Union Representation In Employment Arbitration, Ann C. Hodges
Union Representation In Employment Arbitration, Ann C. Hodges
Law Faculty Publications
Employers in recent years have promulgated arbitration programs to resolve disputes with their present and former employees. Arbitration may in many cases provide a lower-cost forum than litigation for resolving such disputes. But the problem of representation of Americans of modest incomes still remains. Ann Hodges explores in this chapter whether labor unions can help address that representation gap.
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
University of Richmond Law Review
No abstract provided.
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers Jr.
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers Jr.
Law Faculty Publications
Throughout Title VII’s history, Congress has amended and expanded Title VII. Often, the Supreme Court has read such amendments and expansions narrowly, even as it generally reads Title VII broadly or narrowly depending on the case before it. The Court’s approach to Title VII expansions may merely indicate that the Court believes that such statutory alterations should be read only as broadly as necessary to effectuate their purposes. However, regardless of why the Court has interpreted these expansions narrowly, that the Court has done so suggests that Congress ought to consider carefully how it amends or expands Title VII in …
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
Law Faculty Publications
This brief Article proceeds in four parts. Part I discusses the Supreme Court's recent cases that address employer free exercise rights. Part II notes problems that accompany providing free exercise rights to employers. Part III explores the expansion of employer prerogative in the context of providing employers additional free exercise rights. Part IV considers problems that arise when employee rights are not deemed central to litigation regarding employer free exercise rights. The Article concludes by proposing a refraining of the free exercise issue that will consider how to account for the interests of the employer, its stakeholders, and its employees …
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Richmond Public Interest Law Review
In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges
Law Faculty Publications
The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging …
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Richmond Journal of Law and the Public Interest
In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Richmond Journal of Law and the Public Interest
In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …
There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson
There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson
Law Student Publications
This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.
Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges
Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges
Law Faculty Publications
Advances in cancer treatment are saving lives, but along with the benefits come challenges. Millions of cancer survivors of working age need to support themselves and their families. This Article looks at the impact of cancer on employment starting with the empirical evidence gathered by researchers affiliated with medical centers. This empirical research provides a base, not previously explored in the legal literature, for assessing the existing laws dealing with cancer and employment (or unemployment). Viewing the law through this lens, which reveals the complex relationship between cancer and employment, exposes both the promise and the weakness of existing laws …
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Law Faculty Publications
This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers' rights. First, I briefly review the Supreme Court's recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look …
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Law Faculty Publications
This article reviews the Supreme Court’s rulings in public employee free speech cases, discusses the significant departure from precedent that Garcetti made to those cases, summarizes the Court’s most recent ruling in Lane, and argues that the Court should return to the broader standard the Court originally announced in Pickering.
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Law Faculty Publications
Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This Article explores those variations and analyzes the reasons lbr the divergent evolution of arbitration. The Article concludes that histon'cal and cultural differences in legal systems and labor and employment relations are explanatory forces. While the United States could provide a more balanced system of arbitration by learning from the Italian systems greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near fiiture.
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Law Faculty Publications
The economic crisis that began in 2008 led many states and localities to look for ways to reduce labor costs, which form a substantial portion of government budgets. Some state legislatures focused on collective bargaining laws, with Wisconsin being the most high profile example. Along with the restrictions on bargaining, a number of states moved to limit the collection of union dues. The limitations were not across the board, but primarily directed at either political expenditures of unions or at particular unions, most commonly education unions. Not surprisingly, the laws enacted were immediately subjected to legal challenge sinceunions, like every …
From Coolidge To Christie: Historical Antecedents Of Current Government Officials Dealing With Public Sector Labor Unions, Bryan J. Soukup
From Coolidge To Christie: Historical Antecedents Of Current Government Officials Dealing With Public Sector Labor Unions, Bryan J. Soukup
Law Student Publications
One might ask: what do Calvin Coolidge, Ronald Reagan, Scott Walker and Chris Christie have in common? The most obvious answer is that they all are (or were) Republican Governors, but these four men have something much deeper in common. All four have faced-off against powerful public sector labor unions and won. This paper will address and examine the similarities between the anti-union actions taken by these men— Coolidge and the Boston Police Strike of 1919, Reagan and the Professional Air Traffic Controllers (“PATCO”) Strike of 1981, and Walker and Christie’s recent dealings with public employee unions. In the end, …
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers Jr.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers Jr.
Law Faculty Publications
This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.
Labor And Employment Law, Eric Wallace
Labor And Employment Law, Eric Wallace
Law Student Publications
During the past two years, there have been several significant developments in labor and employment law, both on the state and federal levels. Because developments in both state and federal law likely will have a profound impact on employers and employees throughout Virginia, they warrant significant discussion in this survey. In addition to examining notable decisions from the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District and Western District of Virginia, this survey also discusses decisions of the Supreme Court of Virginia …
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
University of Richmond Law Review
No abstract provided.
Non-Competition Agreements In Virginia In The Aftermath Of Home Paramount Pest Control V. Shaffer, Kevin E. Martingayle
Non-Competition Agreements In Virginia In The Aftermath Of Home Paramount Pest Control V. Shaffer, Kevin E. Martingayle
University of Richmond Law Review
No abstract provided.
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
Law Faculty Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Law Faculty Publications
This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
Law Student Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, *277 section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
University of Richmond Law Review
No abstract provided.
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu
Richmond Journal of Global Law & Business
No abstract provided.
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Law Faculty Publications
Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.