Labor and Employment Law Commons^™

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Reports, Awards And Opinions 2001-2002-2, 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 Lawrence Union Free School District, National Grid USA Service, Incorporated, the New York Racing Association, Incorporated, among others.

Reports, Awards And Opinions 2001-2002-4, 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 Massachusetts Electric Company and Narragansett Electric Company, and members of Utility Workers Union of America, AFL-CIO, Brotherhood of Utility Workers Council, Local Unions Nos. 310, 317, 322, 329 and 330, among others.

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

Reports, Awards And Opinions 2001-2002-1, 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 Crystal Art Corporation and Workpros, Incorporated, 4C Food, Corporation, and general Electric Company, among others.

Reports, Awards And Opinions 2001-2002-3, 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 Datatech Systems, GE Customer Home Services, and Local 1066, international longshoremen's association, AFI-CIO, among others.

Vol. 18, No. 1, Michael Kiser, Fred B. Lifton, Tracy Billows

The Illinois Public Employee Relations Report

Contents:

New Approaches to Compensation for Teachers, by Michael Kiser, Fred B. Lifton, and Tracy Billows

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.

Genetic Testing And Employment Litigation, Harry Zanville

Journal of Law and Health

There are a number of very surprising studies that talk about the absolute amenability of these healthcare providers to turn over information without authority. So when we go over those kinds of facts and in some cases partial assumption together, you end up in a context where bad things can happen to good people, and that's what the Burlington Northern Santa Fe (BNSF) case really was about.

Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin

Hofstra Labor & Employment Law Journal

No abstract provided.

Mediation Research: Studying Transformative Effects, Joseph P. Folger

Hofstra Labor & Employment Law Journal

No abstract provided.

Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce

Hofstra Labor & Employment Law Journal

No abstract provided.

The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann

Hofstra Labor & Employment Law Journal

No abstract provided.

"Extraordinary Or Specialized Training"--As A "Legitimate Business Interest"--In Restrictive Covenant Employment Law: Florida And National Perspectives, Frank J. Cavico

St. Thomas Law Review

The purpose of this article is to examine Florida statutory law and case law, as well as the law from other jurisdictions, that govern restrictive covenants which arise in the employment relationship. The analysis will center on the critical legal element essential to uphold and enforce a covenant not to compete - the "legitimate business interest" requirement. In particular, this article will focus on one important, yet perplexing, aspect thereto - the level and extent of training and/or education necessary to achieve such a protected "interest." The relevant part of the Florida restrictive covenant statute and all Florida court decisions …

A Matter Of Class: The Impact Of Brown V. Mclean On Employee Discharge Cases, Christina M. Sautter

Villanova Law Review (1956 - )

No abstract provided.

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

Qualifying Immunity: Protecting State Employees' Right To Protect Their Employment Rights After Alden V. Maine, Raymond J. Farrow

Washington Law Review

Recent U.S. Supreme Court decisions have barred state employees from bringing private suits against their state employers to recover back wages due them as a result of having been paid in violation of the Fair Labor Standards Act (FLSA). This Comment proposes that the only method by which state employees may protect their FLSA rights on their own behalf is to bring suits against responsible state supervisory personnel in their individual capacities. Although such actions are not barred by sovereign immunity, the potential ability of state agents to invoke a defense of "qualified immunity" would severely impair state employees' ability …

Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks

UIC Law Review

No abstract provided.

Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor

Michigan Journal of Gender & Law

Discussion of the newly enacted law will outline the theoretical underpinnings and their effect on the resultant version (Part III), followed by the legislative history, including the Knesset and the public debate surrounding the bill (Part IV), and the impact of that debate on the final outcome of the law (Part V). Part VI will pay particular attention to the innovative approach of the law as a whole and some of the revolutionary specific provisions within. In particular, the legislative framework will be considered in the context of a nation founded and conducted on traditional religious tenets of Judaism. Finally, …

Emanuel Emroch Lecture, Symposium Keynote Address The Changing Labor Markets Of The Western Hemisphere, Richard W. Fisher

Richmond Journal of Global Law & Business

No abstract provided.

Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight

Richmond Journal of Global Law & Business

This division of labour, from which so many advantages are derived, is not originally the effects of any human wisdom, which forsees and intends that general opulence to which it gives occasion. It is the necessary, though very slow and gradual consequence of a certain propensity in human nature which has in view no such extensive utility; the propensity to truck, barter, and exchange one thing for another.

Legislation And Genetic Discrimination, Sharona Hoffman

Journal of Law and Health

State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed …

Harvest Of Danger: The Child Farmworker In The United States , Teresa Young Reeves

Human Rights Brief

No abstract provided.

Equal Opportunity For Employers: Elevating The Adverse Employment Action Standard To Allow Only Meritorious Retaliation Claims, Wendy Hyland

Kentucky Law Journal

No abstract provided.

Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery

Cleveland State Law Review

Passed in response to the nineteenth century hostility towards union activity, the NLRA traditionally was viewed as a pro-union statute. However, as much as the Act contains provisions clearly aimed at protecting union activity, the Act explicitly applies to non-union employees as well as union employees. Nevertheless, many nonunion employers and employees are unaware of the existence of the NLRA despite it being the only law governing the relationship between an employer and its employees as a group in most private sector establishments in this country. This Note analyzes the conflicting history surrounding this issue and asserts that the necessary …

Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer

University of Baltimore Law Review

No abstract provided.

To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel

Seattle University Law Review

The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …

“The University Works Because We Do”: The Status Of Graduate Teaching And Research Assistants For The Purpose Of Collective Bargaining, Grant M. Hayden

Faculty Journal Articles and Book Chapters

No abstract provided.

Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa

Faculty Works

The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …

Judicial Standard Of Review In Erisa Benefit Claim Cases, 50 Am. U. L. Rev. 1083 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.