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Articles 61 - 90 of 189
Full-Text Articles in Labor and Employment Law
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges
Law Faculty Publications
This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
Law Faculty Publications
This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth Circuit's …
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
University of Richmond Law Review
No abstract provided.
Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges
Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution …
Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry
Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry
University of Richmond Law Review
No abstract provided.
Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges
Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges
Law Faculty Publications
Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.
Managers' Obligations To Employees With Eldercare Responsibilities, John A. Pearce Iii, Dennis R. Kuhn
Managers' Obligations To Employees With Eldercare Responsibilities, John A. Pearce Iii, Dennis R. Kuhn
University of Richmond Law Review
No abstract provided.
Human Dignity And American Employment Law, David C. Yamada
Human Dignity And American Employment Law, David C. Yamada
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, Anne Richardson Smith
Labor And Employment Law, Anne Richardson Smith
University of Richmond Law Review
No abstract provided.
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
University of Richmond Law Review
This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.
Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich
Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich
University of Richmond Law Review
No abstract provided.
Radical Labor In A Feminine Voice: The Rhetoric Of Mary Harris 'Mother' Jones And Elizabeth Gurley Flynn, Mari Boor Tonn
Radical Labor In A Feminine Voice: The Rhetoric Of Mary Harris 'Mother' Jones And Elizabeth Gurley Flynn, Mari Boor Tonn
Rhetoric and Communication Studies Faculty Publications
Two women in particular, Mary Harris “Mother” Jones and Elizabeth Gurley Flynn, earned stature as labor movement legends. Jones persists as an icon for contemporary champions of progressive causes. Separated in age by nearly six decades, both gained reputations for their “leather-lunged” and militant oratory, their disarming fearlessness, and their uncanny talent for captivating the minds and hearts of audiences regardless of sex or ethnicity. Some observers have linked the pair through what Marx termed “the feminine ferment” of the movement. “The fiery example of Mother Jones had one conspicuous follower,” note Lloyd Morris, “Elizabeth Gurley Flynn.”
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Richmond Journal of Law & Technology
A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
No abstract provided.
"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser
"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser
University of Richmond Law Review
No abstract provided.
Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser
Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser
University of Richmond Law Review
No abstract provided.
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Law Faculty Publications
Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Law Faculty Publications
This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of …
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Law Faculty Publications
A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Law Faculty Publications
The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.
Speech Of Government Employees, Ann C. Hodges
Speech Of Government Employees, Ann C. Hodges
Law Faculty Publications
For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Richmond Journal of Global Law & Business
No abstract provided.
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Richmond Journal of Law and the Public Interest
The decision in Clean Sweep Prof'l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia's challenging task of applying the Commonwealth's workers' compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client's position. Part II of this note explores the legal background of Virginia's statutory employee scheme, first with an overview of two relevant …
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Richmond Journal of Global Law & Business
No abstract provided.
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
Law Faculty Publications
The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …
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 Public Interest Law Review
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. …