Labor and Employment Law Commons^™

Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison

University of Michigan Journal of Law Reform

The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.

Vol. 17, No. 2, William C. Kling

The Illinois Public Employee Relations Report

Contents:

Coming Together to Address Student Aggression and School Safety, by William C. Kling

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Columbia Business Law Review Spring Symposium 2000 Issue (Introduction), Doron M. Kalir

Law Faculty Articles and Essays

This is the Introduction to Spring Symposium Issue. On March 28, 2000, the Columbia Business Law Review hosted its Spring Symposium entitled "The Changing Workplace in the New Millennium." The symposium, which brought together legal scholars and thinkers from around the country, sought to address many current labor and employment law issues, as well as some which are likely to arise in the years to come

Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.

Campbell Law Review

With emphasis on developments in the Fourth Circuit, this Article first describes the pursuit's origination in plan language and ERISA's statutory provisions; it then explores ERISA preemption and cases in which injured participants invoke state statutory and common law to contradict plan terms. A review of the attorney's role follows, including an inquiry into issues concerning attorney fees. With consideration of policies behind ERISA, the Article concludes that adherence to well-drafted plan terms legitimizes the parties' bargain, avoids development of disparate federal common law, and facilitates the allocation of proceeds.

Marital Status Discrimination: A Proposal For Title Vii Protection, Nicole Buonocore Porter

Faculty Publications

Marital status is not one of the protected categories of Title VII of the Civil Rights Act of 1964, the federal antidiscrimination statute that governs discrimination in employment. This Article will argue that to avoid the types of inequities caused by marital status discrimination, it is necessary for Title VII to protect employees against marital status discrimination.

The more common claims of marital status discrimination are claims that an employer's no-spouse rule or antinepotism policy violates the state antidiscrimination statute. [These policies have two significant problems.] First of all, many courts fail to look at the widely disparate consequences of …

Timing Corporate Disclosures To Maximize Performance-Based Remuneration: A Case Of Misaligned Incentives?, Charles M. Yablon, Jennifer Hill

Articles

This Article takes a close look at the potential misalignment of interests created by managers' traditional discretion over the timing and content of corporate disclosures and managers' new incentives, created by performance-based compensation, to utilize that discretion to maximize the value of their own compensation. It examines recent studies that strongly suggest that CEOs are manipulating disclosure to increase their own compensation. It then considers the various ways such manipulation can occur, concluding that all but the most egregious forms of disclosure manipulation by management are either legal or effectively insulated from legal redress. The Article then examines the rationales …

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Policy Brief: Provisions In The Workforce Investment Act Relating To Nondiscrimination On The Basis Of Disability And The Development By The Governor Of A Written Methods Of Administration, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

An outline of key provisions in the interim final regulations describing the nondiscrimination and equal opportunity responsibilities of the governor, WIA fund recipients, and programs and activities that are part of the One-Stop system.

Tools For Inclusion: People With Disabilities: Having A Voice In The Creation Of The New Workforce Investment System, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication informs people with disabilities and advocates about the opportunities available for input into WIA implementation at the state and local level.

Mixed-Motive Cases On Employment Discrimination Law Revisited: A Brief Updated View Of The Swamp, Robert Belton

Mercer Law Review

In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in cases litigated under the disparate treatment theory of discrimination and is based upon presumptions and burden-shifting schemes. McDonnell Douglas was the predominant analytical framework for statutory employment discrimination cases until the Supreme Court decided Price Waterhouse v. Hopkins in 1989. ...

Congress overturned the fundamental holding of Price Waterhouse in the …

The Mixed-Motive Defense In Workplace Discrimination Actions And Its Procedural Issues In The Eleventh Circuit, Richard A. Weller

Mercer Law Review

Being fired from one's place of employment is an unfortunate incident that many Americans face on one or more occasions during their lifetimes. Discharged employees obviously experience some degree of economic loss by losing salaries and benefits. Even when rightfully discharged, employees may suffer emotional and psychological harm because of their perceived failure. This harm may be magnified when the employee has been discharged for wrongful, illegal reasons.

However, in some cases an employer may have legitimate, legal reasons to terminate an employee and simultaneously have illegal, discriminatory reasons. In such a "mixed-motives" situation, employers may be able to limit …

Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly

Mercer Law Review

Judicial application of the Age Discrimination in Employment Act of 1967 ("ADEA") may be the most divergent of the employment discrimination laws because the ADEA is a hybrid of two statutes: Title VII of the Civil Rights Act of 19642 ("Title VII") and the Fair Labor Standards Act of 1938 ("FLSA"). The ADEA incorporates only selected portions of each of these statutes. For example, the general prohibition against age discrimination contained in the ADEA parallels the substantive provisions of Title VII, while the remedial provisions mirror, at least in part, the FLSA. Courts, however, have generally approached the ADEA in …

Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie

Innis Christie Collection

The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability …

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

Tools For Inclusion: One-Stop Centers: A Guide For Job Seekers With Disabilities, Sheila Fesko, David Hoff, Melanie Jordan

Tools for Inclusion Series, Institute for Community Inclusion

General information about the One-Stop system and answers to specific questions individuals with disabilities may have about One-Stop services.

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

Reports, Awards And Opinions 2000-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of ABC, Incorporated, and Carmel Central School District, among others.

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …

The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss

Faculty Scholarship

SUMMARY: I. Introduction. II. A Brief History of U.S. Collective Labor Relations Laws. III. The Structure of Labor-Management Relations in The U.S. IV. The Right to Strike. V. Private Sector “Essential Services” Provisions: LMRA National. VI. Conclusion.

Reports, Awards And Opinions 2000-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of The Union Trustees of the NYSA-ILA Pension Trust Fund, The New York Times, members of Local 3 I.B.E.W., among others.

Vol. 17, No. 1, Gilbert Feldman

The Illinois Public Employee Relations Report

Contents:

The Illinois Supreme Court's Stahulak Decision Establishes a Further Departure Under the IPLRA from the Federal Model in Duty of Fair Representation Cases, by Gilbert Feldman

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach

Loyola University Chicago Law Journal

No abstract provided.

Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi

Hofstra Labor & Employment Law Journal

No abstract provided.

The Struggle For Human Rights, Harry Wu

Hofstra Labor & Employment Law Journal

No abstract provided.

Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard

Hofstra Labor & Employment Law Journal

No abstract provided.

Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris

Hofstra Labor & Employment Law Journal

This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …