Labor and Employment Law Commons^™

Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii

Richmond Journal of Global Law & Business

No abstract provided.

Rethinking America's Approach To Workplace Safety: A Model For Advancing Safety Issues In The Chemical Industry, Gwen Forte

Cleveland State Law Review

In Part II of this note, I analyze the impact of tort litigation, workers' compensation, collective bargaining, and the Occupational Safety and Health Act on workplace safety. I begin by describing how each of these vehicles operated historically and then I provide a contemporary perspective. In this section, I also consider the advantages and disadvantages of using these approaches to prevent and compensate for injuries. In Part III, I propose an alternative approach to workplace safety: employee board representation. In this section, I analyze and critique various methods of employee board representation and ultimately recommend a form of representation in …

"Has The Millennium Yet Dawned?": A History Of Attitudes Toward Pregnant Workers In America, Courtni E. Molnar

Michigan Journal of Gender & Law

This Article will focus on what might be considered the "prehistory" of the PDA in an attempt to shed new light on the equality/difference debate. Beginning as early as the nineteenth century, pregnant workers have been forced into either the equality approach or the difference approach depending mostly on race and class. This Article will show that, at times, both approaches restrained the autonomy of women and even caused harm to individual women and society by contributing to the development of the stereotypes and social attitudes that continue to permit pregnancy discrimination today.

The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills

Seattle University Law Review

This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …

Lack Of Meaningful Choice Defined: Your Job Vs. Your Right To Sue In A Judicial Forum, Sara Lingafelter

Seattle University Law Review

Mandatory arbitration agreements subvert an employee's constitutional right to a judicial forum and generally place unfair burdens on plaintiffs. An employee faced with the option of either signing a mandatory arbitration agreement or losing a job often has no meaningful choice. The Supreme Court, however, has failed to recognize first that Congress did not intend for mandatory arbitration to extend to Title VII claims and second, that employers often leave employees with no meaningful choice regarding mandatory arbitration. Nonetheless, state and federal judges are increasingly recognizing that arbitration agreements may be the product of procedural unconscionability. Accordingly, when employees are …

An American Tragedy: The Decline Of U.S. Unionism And Its Human Rights Implications, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards by Lance Compa. Ithaca: Cornell University Press, 2004. 220pp.

Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Donald T. Bogan, Benjamin Fu

Faculty Articles

No abstract provided.

From Race To Class Struggle: Re-Problematizing Critical Race Theory, E San Juan Jr.

Michigan Journal of Race and Law

The misconstrual of "class" as a theoretical and analytic concept for defining group or individual identity has led, especially during the Cold War period, to its confusion with status, life-style, and other ideological contingencies. This has vitiated the innovative attempt of CRT to link racism and class oppression. We need to reinstate the Marxist category of class derived from the social division of labor that generates antagonistic class relations. Class conflict becomes the key to grasping the totality of social relations of production, as well as the metabolic process of social reproduction in which racism finds its effectivity. This will …

Summary Of Mgm Mirage V. Cotton, 121 Nev. Adv. Op. 39 , Ryan Hall

Nevada Supreme Court Summaries

When MGM Mirage employee Brenda Cotton walked through her employer’s parking lot ten minutes before her shift, she tripped over a parking lot curb and injured herself. Cotton sustained an ankle fracture and ligament tear. Deciding that Cotton had failed to prove that her injury arose out of her course of employment, MGM denied her workers’ compensation claim. MGM’s decision was upheld by a hearing officer, because the injury did not occur during working hours. The hearing officer’s decision was reversed on appeal. MGM’s petition for review was denied by the district court.

Summary Of Pope V. Motel 6, 121 Nev. Adv. Op. 31, Collin Webster

Nevada Supreme Court Summaries

On April 5, 1996, Motel 6 hired Juanita Pope as a housekeeper. Within several months, Motel 6 promoted Ms. Pope to the position of head housekeeper. However, within the first fourteen months of Ms. Pope’s employment she was written up, warned, and suspended multiple times for tardiness and unsatisfactory job performance. In June 1997, Victoria Inman, manager of the Motel 6 where Ms. Pope worked, issued a verbal warning to Ms. Pope, telling her that she was to stop gossiping to other Motel 6 employees. Inman explained to Ms. Pope that such conduct was inappropriate for somebody in a management …

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

UIC Law Review

No abstract provided.

Land, Labor And Reparations, Guadalupe T. Luna Northern Illinois University

Cleveland State Law Review

Kim David Chanbonpin and Ronald L. Mize, Jr. bring to LatCrit two legal historical essays that connect property and labor issues to the present. The first draws from the former Mexican land base presently comprising the American Southwest. The second examines a class of "agricultural underdogs" that provided their labor to the nation's food production systems during wartime. Both articles bring real life consequences impacting our communities of color generally but gente of Mexican descent specifically. The authors' treatment of difficult questions however, extends legal engagement that demands compensation for past injuries with consequences into the present. Their assertions of …

When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth A. Rowe

UF Law Faculty Publications

Critics of the inevitable disclosure doctrine decry the inconsistency with which courts rule on these cases, and the difficulty in predicting case outcomes. They contend that courts are left to "grapple with a decidedly ... nebulous standard of 'inevitability."' Further, they claim the doctrine undermines the employee's fundamental right to move freely and pursue his or her livelihood.

Ultimately, both the problem and solution here are about fairness: fairness in the employer-employee relationship, fairness in the application of the law, and fairness in providing protection from unfair competition between competing employers. The crux of the opposition to the doctrine, in …

Reparations For Mexican Braceros - Lessons Learned From Japanese And African American Attempts At Redress , Ronald L. Mize Jr.

Cleveland State Law Review

The U.S.-Mexico Bracero Program, 1942-1964, was designed originally to be a war-time labor relief measure that brought Mexican laborers to the United States to work in the agricultural and railroad industries. Over the past six years, I have conducted field research in Colorado and California with those who were most directly impacted by the Bracero Program - the formerly contracted Mexican workers. During the summer of 2002, my research was submitted as expert testimony on behalf of Braceros in a class action lawsuit associated with the Bracero savings program. The ten percent deducted from workers' paychecks is, from my research, …

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

Law Faculty Scholarship

No abstract provided.

Adverse Employment Action In Retaliation Cases, Brian A. Riddell, Richard A. Bales

University of Baltimore Law Review

No abstract provided.

The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick

All Faculty Scholarship

In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …

Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today , Jennifer Gordon

Faculty Scholarship

What does law offer labor? It depends. The specifics of the law in question are critical, as are the make-up and funding of the agency that is charged with implementing it and the economic strength, political clout, and strategic creativity of the unions and employers that it governs. Today's discussions of the NLRA from the union perspective are tinged with desperation about what law does for and to organizing-a desperation that is born of labor's sense that it has lost too many important battles before the NLRB and the courts over the interpretation of the NLRA. In despair, however, workers …

Tribal Employment Separation: Tribal Law Enigma, Tribal Governance Paradox, And Tribal Court Conundrum, Matthew L.M. Fletcher

University of Michigan Journal of Law Reform

Each year, more and more people--Indians and non-Indians--are employed by Indian Tribes and Tribally-chartered organizations. However, as Tribal employment grows, so do the problems associated with personnel disputes. Tribal employment is different than traditional corporate or even government employment because Tribal communities are incredibly close-knit and Tribal governments are very accountable to their constituents. Because of this dynamic, employment separations can create excessive difficulty within a Tribe. Many Tribal courts apply the principles of the Supreme Court's decision in Loudermill, granting terminated employees the right to both an administrative and judicial hearing. However, these processes can often be incredibly painful …

Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Hofstra Labor & Employment Law Journal

This Article, which is part of a symposium on the 40th Anniversary of Title VII appearing in the Hofstra Labor and Employment Law Journal, evaluates the progress of women in the workforce by critically analyzing the musical "How to Succeed in Business Without Really Trying." Written in the early 1960s and made into a 1967 movie, How to Succeed follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. It also includes the sexual exploits of the exclusively male executive corps among the female …

Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail

Hofstra Labor & Employment Law Journal

Co-authored by two attorneys in the Office of General Counsel at the Equal Employment Opportunity Commission, this article first traces the history of the EEOC, which shares the same birthday as Title VII, with a focus on the Commission's charge processing, investigation, conciliation and litigation practices against private employers. Next, the article describes the Commission's current charge-processing system and litigation practice. Finally, the authors explore the question of whether the EEOC still matters forty years after Title VII's enactment.

Fundamental Rights At Work And The Law Of Nations: An American Lawyer's Perspective, William B. Gould Iv

Hofstra Labor & Employment Law Journal

No abstract provided.

The New Discrimination Law: Price Waterhouse Is Dead, Whither Mcdonnell Douglas?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley

Scholarly Works

Studies and articles examining tenured, tenure-track and contract faculty in law schools have exposed the inequalities that women face when compared with their male counterparts. This article asks the legal academic community to consider these conditions in light of established Title VII doctrine which forbids discrimination because of sex. This article offers a hypothetical about the fictitious National Law School, whose labor relationships mimic those of many real law schools in a number of ways. Based on the facts in this hypothetical, the article explores different possible causes of action, either systemic or individual, that employees could reasonably win against …

After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge

Articles & Book Chapters

This article sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept of citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour law, and how the processes of feminization, deregulation, and globalization have challenged it as a normative ideal and undermined the conditions that have sustained it. The article concludes by considering two scenarios for industrial citizenship in the future: one in which the substance of citizenship is circumscribed by …

Book Review: The Accidental Republic, Eric Tucker

Articles & Book Chapters

No abstract provided.

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis

Richmond Public Interest Law Review

In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …

Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb

Richmond Public Interest Law Review

The decision in Clean Sweep Prof'l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia's challenging task of applying the Commonwealth's workers' compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client's position. Part II of this note explores the legal background of Virginia's statutory employee scheme, first with an overview of two relevant …

Erisa: State Regulation Of Insured Plans After Davila, Donald T. Bogan

Faculty Articles

No abstract provided.