Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2003

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 91 - 120 of 170

Full-Text Articles in Labor and Employment Law

Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely Jan 2003

Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely

Faculty Publications

In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …

Go to article

Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey Jan 2003

Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey

William Mitchell Law Review

The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.

Go to article

Mother Jones, Janet Butler Munch Jan 2003

Mother Jones, Janet Butler Munch

Publications and Research

Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.

Go to article

Discovery Of Information And Documents From A Litigant's Former Employees: Synergy And Synthesis Of Civil Rules, Ethical Standards, Privilege Doctrines, And Common Law Principles, Susan J. Becker Jan 2003

Discovery Of Information And Documents From A Litigant's Former Employees: Synergy And Synthesis Of Civil Rules, Ethical Standards, Privilege Doctrines, And Common Law Principles, Susan J. Becker

Law Faculty Articles and Essays

The goal of this Article is to untangle some of the issues surrounding the recurring dilemmas posed by discovery of information held by former employees. Part II of this Article elucidates the competing interests of the litigators, their respective clients, the courts, and the potential witnesses when discovery is sought from former employees of a party. Part III provides a brief overview of the various legal authorities that govern an attorney's discovery of former employees and the synergy created by these sources. Part IV examines the potential pitfalls attorneys encounter when pursuing informal discovery of former employees of a party. …

Go to article

Accommodation Subverted: The Future Of Work/Family Initiatives In A 'Me, Inc.' World, Rachel Arnow-Richman Jan 2003

Accommodation Subverted: The Future Of Work/Family Initiatives In A 'Me, Inc.' World, Rachel Arnow-Richman

UF Law Faculty Publications

This article considers the viability of mandated employer accommodation of family caregiving in a work culture that prizes employee mobility and independence. Extant accommodation mandates, such as the Americans with Disabilities Act and the Family Medical Leave Act, have been only moderately successful in deconstructing discriminatory work structures that operate to exclude underrepresented workers. Court decisions interpreting those laws frequently invoke equality principles to limit their reach and preserve employer discretion, while decisions favorable to disadvantaged plaintiffs have often occasioned popular backlash. These circumstances call into question the efficacy of accommodation as a vehicle for achieving results-based equality for caregivers. …

Go to article

"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Jan 2003

"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Faculty Publications

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …

Go to article

The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia Jan 2003

The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Go to article

License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson Jan 2003

License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson

Journal Articles

Title VII was intended to remedy discrimination; thus, it is ironic that the courts themselves discriminate among "terms and conditions of employment" by treating hostile environment discrimination less favorably, most commonly in sexual harassment cases. As the Supreme Court said in its first sexual harassment case, hostile environment harassment must be "severe or pervasive" to be actionable. However, many lower courts have used this language to excuse harassment against women. This Article suggests that the problem originates in the Court's continued use of the phrase "severe or pervasive" to describe actionable conduct. This rather dramatic terminology in fact overstates the …

Go to article

Labor Standards In The United States And Canada, Richard N. Block, Ronald O. Clarke, Karen Roberts Jan 2003

Labor Standards In The United States And Canada, Richard N. Block, Ronald O. Clarke, Karen Roberts

Upjohn Press

Block, Roberts, and Clarke offer a method for comparing ten labor standards across political jurisdictions. They then apply this method to the United States and Canada, an exercise that allows them to settle the long-running dispute over whether or not Canada has higher standards than the U.S., and if so, to what degree.

Go to article

Aligning Incentives With Equity: Employee Stock Options And Rule 10b-5, Matthew T. Bodie Jan 2003

Aligning Incentives With Equity: Employee Stock Options And Rule 10b-5, Matthew T. Bodie

All Faculty Scholarship

When the Internet boom was in full swing and the stock markets skyrocketed to new levels, companies new and old used stock options to attract and retain employees. Implicit in those options was the promise that employees could participate in the growth of a company's value. However, as the scandals involving WorldCom, Enron, and Global Crossing demonstrate, corporate managers were not always honest with employees or public investors about the company's true value. Public investors can seek civil remedies for securities fraud through a private action under the Securities and Exchange Commission's Rule 10b-5. The Rule's purchase or sale requirement, …

Go to article

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie Jan 2003

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

Go to article

Corrective Justice And Title I Of The Ada, Sharona Hoffman Jan 2003

Corrective Justice And Title I Of The Ada, Sharona Hoffman

Faculty Publications

Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term "disability." It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title …

Go to article

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Seamless service delivery means that a customer receiving services can move between two or more agencies with limited disruption. Seamless services have not been accomplished when a customer must take a cross-town bus to travel from one agency to another. To address this issue, many One-Stop career centers are looking into how staff from their partner agencies can physically share space. This can range from a single staff person from an agency working in the Center on specific days of the week (itinerant staffing) to all staff from that agency working there on a full-time basis (full co-location). Staff report …

Go to article

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Although it is uniformly accepted that customers with disabilities should be involved in the process to create a new workforce system under the mandates of the Workforce Investment Act (WIA), anecdotal evidence suggests this to be more rhetoric than reality. Currently One-Stop Career Centers, workforce boards, and states are struggling with how to solicit and incorporate this important input into the planning process. The following is offered as a tool to help involve customers with disabilities as One-Stop centers are developed. This brief is part of a series of products offering practical solutions for state and local entities as they …

Go to article

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Universal access is a central tenet of the Workforce Investment Act (WIA) and mandates that One-Stop Career Center (One-Stop) services be accessible for individuals with disabilities. Partnerships between Vocational Rehabilitation (VR) and workforce development agencies have increased awareness about the importance of service accessibility and states have been responding to this issue in their planning and service delivery. This brief highlights the innovative strategies states have used to make their One-Stops better able to support job seekers with disabilities. This brief is part of a series of products offering practical solutions for state and local entities as they implement the …

Go to article

Tools For Inclusion: Making It Easier To Go To Work: What The Changes At Social Security Mean To You, David Hoff, Elena Varney, Lisa O'Connor Jan 2003

Tools For Inclusion: Making It Easier To Go To Work: What The Changes At Social Security Mean To You, David Hoff, Elena Varney, Lisa O'Connor

Tools for Inclusion Series, Institute for Community Inclusion

Recent changes to Social Security reduce the financial consequences of working for people who receive benefits. This publication explains the changes and how they impact people with disabilities who want to work.

Go to article

Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould Jan 2003

Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska Jan 2003

Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin Jan 2003

Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo Jan 2003

Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Deconstructing The Construction Industry: The Effects Of Labor Law 240/241 On The Home Building Industry In New York State, David E. Hay Jan 2003

Deconstructing The Construction Industry: The Effects Of Labor Law 240/241 On The Home Building Industry In New York State, David E. Hay

Seton Hall University Dissertations and Theses (ETDs)

.

Go to article

A Flaw In The Sarbanes-Oxley Reform: Can Diversity In The Boardroom Quell Corporate Corruption?, Steven A. Ramirez Jan 2003

A Flaw In The Sarbanes-Oxley Reform: Can Diversity In The Boardroom Quell Corporate Corruption?, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Go to article

Systemic Empathy, Michael J. Zimmer Jan 2003

Systemic Empathy, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Go to article

Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck Jan 2003

Contracting Coercion? Rethinking The Origins Of Free Labor In Great Britain And The United States, Gunther Peck

Buffalo Law Review

Book review of Robert J. Steinfeld's Coercion, Contract, and Free Labor in the Nineteenth Century

Go to article

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Jan 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Scholarly Works

No abstract provided.

Go to article

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales Jan 2003

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales

Scholarly Works

On March 27, 2002, The United State Supreme Court ruled in Hoffman Plastic Compounds v. N.L.R.B. that, although undocumented workers are “employees” within the meaning of the National Labor Relations Act (NLRA), they cannot be answered backpay remedies, even if discharged in violation of the Act. The Hoffman decision represents a retrenchment from a trend in which virtually all jurisdictions that had considered the issue found in favor of the workers. The principal rationale in support of these remedies for undocumented workers had been that such awards are not only remedial but also serve important deterrent functions that protect the …

Go to article

Transnationalism As A Social Movement Strategy: Institutions, Actors And International Labor Standards, Ruben J. Garcia Jan 2003

Transnationalism As A Social Movement Strategy: Institutions, Actors And International Labor Standards, Ruben J. Garcia

Scholarly Works

In the context of changing global realities, the UC Davis Journal of International Law & Policy (“JILP”) held its March 2003 Symposium, “Workers and International Economic Institutions: Challenges and Possibilities in a Global Economy.” The conference attracted a diverse array of academics, policymakers, and community activists. The participants examined the problems and possibilities that government, business, and nonprofits present for creating and maintaining labor standards in the global economy. In this introduction, the author will place each of the Symposium contributions into a framework of the choices that institutions and actors must make in deciding the best course for raising …

Go to article

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia Jan 2003

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

Scholarly Works

Beginning with the September 11, 2001 ("9/11") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL - CIO's hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back …

Go to article

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia Jan 2003

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia

Scholarly Works

Immigrants make up a large and increasing portion of the American community. The recent census found an unprecedented number of immigrants within the United States. Immigrants, however, have fewer legal protections than almost any other individuals within our borders. This lack of protection is especially disconcerting given that immigrants are often the most subordinated members of our communities. Particularly after the events of September 11, 2001, the rights and protections available to immigrants—whether they are documented or not—are tenuous. As LatCrit scholars have pointed out, immigration law is intensely racialized, and yet other bodies of law, such as civil rights …

Go to article

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker Jan 2003

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker

Articles & Book Chapters

Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …

Go to article

First Prev Next Last