Labor and Employment Law Commons^™

The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges

Law Faculty Publications

The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …

Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly

Cardozo Public Law, Policy & Ethics Journal

The note argues that Sexually Abused Child Syndrome (SACS) testimony is unreliable and should not be admitted as corroborating evidence in child protective proceedings. It contends that SACS lacks scientific validity, is not recognized as a medical diagnosis, and fails to meet evidentiary standards for reliability. The author asserts that allowing SACS testimony violates due process rights and risks wrongful outcomes, advocating for stricter standards for expert testimony and alternative methods of substantiating abuse allegations.

The Unwitting Attorney, The Desperate Client, And The Perpetuation Of The New York Power Play: A Proposal To Ban Voluntary Assignments Of Legal Malpractice Claims Via New York General Obligations Law Section 13-101, Rosalie S. Walters

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …

Grinding Decline In Springfield: Is The Finance Control Board The Answer?, Robert Forrant

New England Journal of Public Policy

Springfield, Massachusetts, the Bay State’s third largest city, suffered staggering manufacturing job loss over the last thirty years of the twentieth century. In 2004, the financial impact of job loss, coupled with dubious fiscal management, plunged the city into near bankruptcy. In response, state government passed legislation appointing a Finance Control Board to manage city business. Wage freezes for City workers were continued and cuts in numerous essential services occurred to deal with the debt. But the question remains, can a Control Board approach grow a large stock of well-paying jobs — large enough to grow the city’s and the …

State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater

ExpressO

The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …

Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes

Brigham Young University Education and Law Journal

No abstract provided.

Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

To encourage employment for individuals with disabilities, the Social Security Administration (SSA) offers special provisions that limit the impact of work on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These provisions are called work incentives and include the Plan to Achieve Self-Support (PASS), Impairment-Related Work Expenses (IRWE), and Blind Work Expenses (BWE).

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.

Arbitration And State Action, Sarah Rudolph Cole

BYU Law Review

No abstract provided.

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Case Studies Of Local Boards And One-Stop Centers: Underutilization Of One-Stops By People With Significant Disabilities, Doris Hamner, Jaimie Ciulla Timmons

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) identifies individuals with disabilities as among the constituencies to be served by One-Stop Career Centers. Due to a variety of factors, including lack of an overall One-Stop data collection system, no clear way to identify disability in the system, and non-disclosure of disability by many customers, it is difficult to ascertain the exact level of One-Stop usage by people with disabilities. However, existing data sources and anecdotal evidence indicate that people with disabilities underutilize One-Stops. The number of people with disabilities that use One-Stops seems to be lower than what would be expected based on …

Case Studies Of Local Boards And One-Stop Centers: Levels Of Involvement Of State Vr Agencies With Other One-Stop Partners, Sheila Fesko, Doris Hamner

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) emphasizes coordination and collaboration for better service delivery between state departments of Vocational Rehabilitation (VR) and other One-Stop partners. Although WIA's requirements for VR participation are clear, the parameters of this partnership are flexible and depend on a variety of factors within each state and local system. Defining the role of VR has had its challenges, as is the case for many partners in the WIA system. However, there are numerous examples of VR agencies working creatively to establish effective partnerships that positively influence services for job seekers with disabilities in the One-Stop system. The …

Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

Since states began implementing the Workforce Investment Act (WIA) of 1998, One-Stop Career Centers have had to address the challenges of serving all customers seeking services, including job seekers with disabilities. To meet this challenge, many local One-Stops have demonstrated commitment to and progress towards creating innovative practices that positively affect access for job seekers with disabilities in the workforce system. The following brief is offered as a tool for local workforce systems to help achieve meaningful employment outcomes for job seekers with disabilities. This brief is part of a series of products offering practical solutions for Local Workforce Investment …

Case Studies Of Local Boards And One-Stop Centers: Tackling Fiscal Issues, Heike Boeltzig, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act of 1998 (WIA) established a network of One-Stop Career Centers by integrating different employment and training services into one comprehensive workforce investment system. Within this environment, One-Stop partners are mandated to collaborate to create a seamless service delivery system that enhances access to services and improves employment outcomes for all individuals, including those with disabilities. WIA's intent was to establish local workforce development systems that would respond to their areas' specific needs with unique solutions and creative partnerships. In addition to service delivery, WIA encourages One-Stop partners to share in the operating costs of the One-Stop …

Case Studies Of Local Boards And One-Stop Centers: Creative Involvement Of Community-Based Disability Organizations At One-Stop Career Centers, Jaimie Ciulla Timmons, Heike Boeltzig

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) facilitates partnerships among organizations for more coordinated service delivery to all job seekers. Although the state Vocational Rehabilitation (VR) agency is the only disability agency or program that is a mandated partner under WIA, community-based disability organizations (CBOs) can also work with One-Stop Career Centers to enhance their capacity to support customers with disabilities. Through case study research, the Institute for Community Inclusion identified several models of involvement between CBOs and One-Stops. These models illustrate that organizations can be creative in developing their partner roles to meet the needs of both their staff and their …

Risky Business: What Must Employers Do To Shield Against Liability For Employee Wrongdoings In The Internet Age?, Nicole J. Nyman

Washington Journal of Law, Technology & Arts

Recent suits filed by the recording industry have raised the issue of employer liability for copyright infringement by employees. In fact, legal consequences for an employer do not end with copyright infringement liability, but extend into many other areas. This Article discusses several legal concerns raised by employee Internet use and examines steps an employer should take to minimize or avoid liability for inappropriate employee actions, including a discussion of benefits and drawbacks to various approaches.

Superimposing Title Vii's Adverse Action Requirement On First Amendment Retaliation Claims: A Chilling Prospect For Government Employee Speech, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Vol. 22, No. 1, Claire A. Manning

The Illinois Public Employee Relations Report

Contents:

The Conundrum of Leaves, by Claire A. Manning

Recent Developments

Further References, compiled by Yoo-Seong Song

Reports, Awards And Opinions 2005-2006-1, 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 Entergy Nuclear Operations, Incorporated and the United States Postal Union, among others.

Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss

Faculty Scholarship

I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.

Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai

Richmond Journal of Global Law & Business

No abstract provided.

Reports, Awards And Opinions 2005-2006-2, 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 Grand Central Partnership, Narraganseit Electric Company, and Verizon Information Services, among others.

Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Going Home To Stay: A Review Of Collateral Consequences Of Conviction, Post-Incarceration Employment, And Recidivism In Ohio, Marlaina Freisthler, Mark A. Godsey

Faculty Articles and Other Publications

Currently, Ohio's legislative and administrative schemes dealing with employment are unduly punitive toward convicted felons. This article suggests an alternative approach to achieve the same legitimate purposes that the current scheme purports to serve. The first part of the article is a general discussion of collateral consequences. The second part discusses the manner in which collateral consequences can be imposed to achieve inappropriate results and describes the ABA's recent Criminal Justice Standards on collateral consequences as a method to avoid inappropriate results. The third part evaluates Ohio's efforts to return prisoners to communities following conviction and the effect that current …

The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh

Faculty Articles and Other Publications

Empty Vessel explores both the positive and normative questions of what the contractually implied obligation of good faith does and should require of contracting parties. The Article attempts to assess and evaluate the ways in which courts are currently employing the good faith doctrine in contract disputes, as part of a larger project whose goal is to re-conceive and reinvigorate the private law doctrine of good faith as one that might assist in effecting the public law norm of equality. Empty Vessel identifies two dominant theoretical approaches to how to define good faith, which I refer to as the fairness …