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.

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

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.

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 …

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 …

Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent

Scholarly Works

This is an introduction to articles presented at a symposium on the U.S. Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods. Co. sponsored by the Louisiana Law Review. Presenting papers were five of the leading scholars on employment discrimination law: Professor Catherine J. Lanctot of the Villanova University Law School, Professor Michael Selmi of the George Washington Law School, Professor Linda Hamilton Krieger, University of California at Berkely School of Law, Professor Rebecca Hanner White of the University of Georgia Law School, and Professor Michael Zimmer of the Seton Hall University School of Law. Respondents were the authors and …

Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan

Seattle University Law Review

This Note will address whether the Ninth Circuit should have upheld the "direct threat to self" defense in Echazabal v. Chevron. First, the Note will introduce the "direct threat to self" debate in the context of the ADA's language, the EEOC-outlined regulatory provisions, and the case law surrounding the direct threat question. Specifically, the Note will address (1) the relationship between the ADA and the EEOC, (2) the compatiblity of the ADA with the Rehabilitation Act of 1973, and (3) the case law applying the EEOC regulations, the ADA provisions, and the Rehabilitation Act provisions. Next, the Note will …

Breastfeeding In The American Workplace, Shana M. Christrup

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …

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.

The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Roberts V. Dudley: An Unnecessary Broadening Of The Public Policy Exception To The Employment-At-Will Doctrine In Washington, Brian Hersey

Washington Law Review

In Roberts v. Dudley, the Supreme Court of Washington dramatically expanded the previously narrow public policy exception to the employment-at-will doctrine and created a dangerous precedent. The court held that small employers, explicitly exempt from the Washington Law Against Discrimination (VLAD), could be liable at common law for the tort of wrongful discharge in violation of Washington's public policy against sex discrimination as found in the WLAD. The tort of wrongful discharge in violation of public policy requires a finding of a "clear mandate of public policy." This Note argues the court should not have found in the WLAD …