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Labor and Employment Law Commons™

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2001

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Articles 121 - 150 of 200

Full-Text Articles in Labor and Employment Law

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges Jan 2001

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges

Law Faculty Publications

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

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The Changing Role Of Labor Arbitration, Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration, Theodore J. St. Antoine

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab Jan 2001

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester Jan 2001

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth Jan 2001

Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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What The Experiences Of The Recent Past Tell Us About The Labor And Employment Law Issues Of The Future (Roundtable Discussion), Catherine Barnard, Willard Carr, Kenneth G. Dau-Schmidt, Alvin Goldman Jan 2001

What The Experiences Of The Recent Past Tell Us About The Labor And Employment Law Issues Of The Future (Roundtable Discussion), Catherine Barnard, Willard Carr, Kenneth G. Dau-Schmidt, Alvin Goldman

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Bargaining For Loyalty In The Information Age: A Reconsideration Of The Role Of Substantive Fairness In Enforcing Employee Noncompetes, Rachel Arnow-Richman Jan 2001

Bargaining For Loyalty In The Information Age: A Reconsideration Of The Role Of Substantive Fairness In Enforcing Employee Noncompetes, Rachel Arnow-Richman

UF Law Faculty Publications

This article explores the enforceability of employee non-compete agreements, with particular attention to their use in information-based industries as a response to increased worker mobility. Non-compete agreements have long been viewed with skepticism by courts and scholars due to historical concerns about employee bargaining power. This article argues that the current approach to assessing the fairness of these agreements is misdirected. Courts attempt to distinguish proper from improper restraints by looking to whether the non-compete protects an employer interest that is separate and distinct from the employer's desire simply to retain the employee. Such an approach is unworkable in an …

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Overcoming Adversity: Distinguishing Retaliation From General Prohibitions Under Federal Employment Discrimination Law, Eric M.D. Zion Jan 2001

Overcoming Adversity: Distinguishing Retaliation From General Prohibitions Under Federal Employment Discrimination Law, Eric M.D. Zion

Indiana Law Journal

No abstract provided.

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International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin Jan 2001

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan Jan 2001

Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges Jan 2001

Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges

Law Faculty Publications

This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …

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Discrimination, Plain And Simple, Henry L. Chambers Jr. Jan 2001

Discrimination, Plain And Simple, Henry L. Chambers Jr.

Law Faculty Publications

This short essay is a brief examination of the Court's relatively recent attempts to simplify Title VII and employment discrimination; it is not intended to be a comprehensive review of the Court's discrimination jurisprudence. Rather, it seeks to identify a few concerns with and implications of the Court's apparent desire to simplify Title VII jurisprudence. Part I briefly examines how the Court has simplified employment discrimination through Hicks and Oncale. Part II examines how the Court's simplifications have been used. Part III suggests concerns that should accompany the Court's simplification.

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Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey Jan 2001

Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon Jan 2001

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

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Bonus Impacts On Receipt Of Unemployment Insurance, Paul T. Decker, Christopher J. O'Leary, Stephen A. Woodbury Jan 2001

Bonus Impacts On Receipt Of Unemployment Insurance, Paul T. Decker, Christopher J. O'Leary, Stephen A. Woodbury

Upjohn Press Book Chapters

No abstract provided.

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Dispute Resolution In The Boundaryless Workplace, Katherine V.W. Stone Jan 2001

Dispute Resolution In The Boundaryless Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

Since the Supreme Court's decision Gilmer v. Interstate/Johnson Lane Corp. which compelled an employee to submit his age discrimination claim to arbitration under the Federal Arbitration Act (FAA), there has been a dramatic increase in the number of nonunion firms adopting arbitration systems. At the same time, there has been a flood of lawsuits challenging these employment systems, and a corresponding avalanche of judicial opinions addressing the legal issues left open in Gilmer – issues such as the problematic nature of consent in employment arbitration, the deficiencies in due process, and the applicability of the FAA to employment contracts. These …

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The Legitimacy Of Labor Unions, Peter Levine Jan 2001

The Legitimacy Of Labor Unions, Peter Levine

Hofstra Labor & Employment Law Journal

Labor unions do not have a well-understood rationale, as do capitalist enterprises, strictly voluntary associations, and democratic states. They are nonprofit associations, but also coercive economic agents; working-class communities, but also powerful special interests; embodiments of rights, but also incompatible with certain individual freedoms. These tensions result in an ambivalent legal status. For instance, unions may collect fees from (and negotiate contracts for) certain employees without obtaining their individual consent, yet no one can be required to belong to a union. Unions are exempt from antitrust laws and may restrain competition, but only in particular ways. We cannot assess these …

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Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley Jan 2001

Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker Jan 2001

The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.

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Leading By Example: An Holistic Approach To Individual Disparate Treatment Law, Michael J. Zimmer Jan 2001

Leading By Example: An Holistic Approach To Individual Disparate Treatment Law, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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Slicing & Dicing Individual Disparate Treatment Law, Michael J. Zimmer Jan 2001

Slicing & Dicing Individual Disparate Treatment Law, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore Jan 2001

State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore

Articles

No abstract provided.

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Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii Jan 2001

Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

This article discusses six areas of labor and employment law in which there was significant activity in Virginia's courts over the past year: (1) covenants not to compete and employee's fiduciary duties to employers; (2) the doctrine of respondeat superior; (3) negligent hiring, retention, and supervision; (4) wrongful discharge in violation of public policy; (5) workers' compensation exclusivity; and (6) employment agreements. Beyond the scope of this article are decisions rendered in other areas of law that affect the employment relationship, including defamation, claims under Virginia's Occupational Safety and Health Act, public employment claims, and unemployment compensation claims.

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Pink Slip Introduction, Dena S. Davis Jan 2001

Pink Slip Introduction, Dena S. Davis

Journal of Law and Health

What has changed however, is the degree of worry and concern that people feel about the uses to which their genetic information can be put. When the HGP (Human Genome Project) began, a number of pundits were convinced that the "future knowledge" that genetic information can deliver to consumers and insurers alike would completely undermine the practice of private health insurance, and send our current system crashing to the ground. Needless to say, that has not happened; but with 42 million Americans currently without health insurance, and with insurance tightly entwined with employment, many people fear that genetic information will …

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Cardiovascular Genetics: Case Studies, Kenneth G. Zahka Jan 2001

Cardiovascular Genetics: Case Studies, Kenneth G. Zahka

Journal of Law and Health

What I'd like to do in the next 10 or 15 minutes is use a case approach which we all use in medicine as you use in law to give you a flavor for how we as clinicians think about things that are oftentimes obviously genetic. But I want to stress to you that probably a day does not go by or a patient does not go by where I don't think in terms of genetic issues for their cardiovascular health.

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Is There A Pink Slip In Your Genes?, J. B. Silvers Jan 2001

Is There A Pink Slip In Your Genes?, J. B. Silvers

Journal of Law and Health

On the insurance company side, it's clear that insurance companies are not well loved by folks. They're not even supposed to do that. At one point after a company had approached QualChoice and told us not to tell the enrollees something that, in fact, had been a policy decision by the company, I was suggesting that perhaps we should change the name to the company to the "Scapegoat Insurance Company," since that really was what we were being paid for, and I think in this argument that may be part of the issue here.

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Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke Jan 2001

Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke

Journal of Law and Health

Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here. One is to ask you to critically evaluate whether a federal statute is the right remedial response at this point in time, and secondly, to ask you to start thinking about the possibility of drafting into service what we in law refer to as traditional state common-law approaches that actually might give us more and better ways to remedy what's going on than simply turning to Congress.

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Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper Jan 2001

Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper

Journal Publications

This Article posits that current reference immunity statutes are of little use in encouraging employers to provide references. Although legislation ostensibly protects employers in most states, "name, rank and serial number," "no-comment," and neutral reference policies continue to prevail as standard practice regarding job references. Generally, the existing statutes leave the common law in place, so that reference claims may be adjudicated under statutory standards and common law standards. This Article proposes that the field would be clarified if the statutes were the exclusive law governing liability for job reference claims under state law.

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An Ounce Of Prevention Is A Poor Substitute For A Pound Of Cure: Confronting The Developing Jurisprudence Of Education And Prevention In Employment Discrimination Law, Susan Bisom-Rapp Jan 2001

An Ounce Of Prevention Is A Poor Substitute For A Pound Of Cure: Confronting The Developing Jurisprudence Of Education And Prevention In Employment Discrimination Law, Susan Bisom-Rapp

Faculty Scholarship

This article challenges a widely shared conviction that has had a tremendous impact on employer practices and, most recently, on employment discrimination jurisprudence. More specifically, the piece interrogates the belief that employee education can prevent, or at least greatly curb, invidious employment discrimination prohibited by Title VII of the Civil Rights Act and other civil rights statutes. This premise, broadly held and rarely questioned, has spawned a multi-billion dollar sexual harassment and diversity training industry staffed by consultants, attorneys, and human resource professionals, who offer programs aimed at litigation prevention. Yet, there is absolutely no empirical support for the premise …

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