Labor and Employment Law Commons^™

Vol. 24, No. 3, Jourlande Gabriel

The Illinois Public Employee Relations Report

Contents:

Dismantling the Public Sector Pension "Crisis", by Jourlande Gabriel

Recent Developments

Further References, compiled by Yoo-Seong Song

Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Definition Of A "Day", Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of a "Day".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Introduction, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

On December 1, 2006, the Department of Labor (“DOL”) issued a Request for Information (“RFI”) seeking public comments on the Family and Medical Leave Act (“FMLA”). The RFI was divided into three sections. Part I provided a summary and background of the FMLA, existing DOL regulations, legal challenges, and related issues. Part II described twelve specific topics about which the DOL sought comment.Part III discussed a 2000 Westat Report that estimated the number of employees and employers covered under the FMLA and the number of employees who used the FMLA. According to the DOL, over 15,000 comments were submitted in …

Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum contains a summary of questions asked in the DOL request for information about the implications of providing accommodations to employees with serious health conditions to enable them to perform their jobs with accommodations, rather than taking FLMA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Light Duty, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about "Light Duty" work.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Substitution Of Paid Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the substitution of paid leave for FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Fmla Leave Determinations/Medical Certifications, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about FMLA leave determinations and medical certifications.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Communications Between Employers And Their Employees, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about communications between employers and their employees regarding FMLA rights and obligations.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about attendance policies.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Waiver Of Rights, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about waiver of FMLA rights.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of "Serious health condition".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about who meets the statutory and regulatory definition of an "Eligible Employee."

Part two of this memorandum contains the relevant statutory and rgulatory text. Part two also lists other sources cited in the comments about this topic.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Similar to the 2005 survey period, during the 2006 survey period, the Eleventh Circuit Court of Appeals continued its trend of issuing fewer and fewer published decisions in the area of employment discrimination. The court issued only six published decisions all year involving Title VII and only published nine opinions in the area of employment discrimination overall. With respect to unpublished opinions, however, the court continued to be extremely active, issuing 103 unpublished Title VII opinions and 148 unpublished employment discrimination opinions overall. This is further evidence of the fact that despite the proliferation of employment discrimination cases before the …

International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski

Indiana Journal of Global Legal Studies

This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article argues that undocumented workers should have more expansive rights, and that international trade agreements and institutions should be used where human rights and domestic solutions have failed to guarantee the rights of the most vulnerable workers.

Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication provides guidance to individuals with disabilities regarding the increase in minimum wage, with a particular focus on understanding who this increase applies to, the impact of the wage increase on public benefits, and how to deal with issues that may arise with employers.

Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud

The Institute Brief Series, Institute for Community Inclusion

The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.

Labor And Employment, W. Christopher Arbery, Valerie N. Njiiri

Mercer Law Review

The Eleventh Circuit's trial and appellate courts handed down several significant opinions affecting labor and employment law during this survey period (January 1, 2006 to December 31, 2006). For example, the Eleventh Circuit rendered notable decisions involving the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act ("FMLA"), the Employee Retirement Income Security Act ("ERISA"), and federal and state Racketeer Influenced and Corrupt Organization ("RICO") statutes, and a district court decided a noteworthy decision under the Uniformed Services Employment and Reemployment Rights Act ("USERRA").

Arbitrating Employment Law Disputes, William L. Corbett

Montana Law Review

Arbitrating Employment Law Disputes

Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore

Faculty Scholarship

Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is sharp disagreement about whether it is wise public policy to expand labor-based admissions in order to provide nonprofessional foreign nationals with an authorized means to migrate. This Article contributes to this debate by examining current guest worker programs, and recommends their reform through a “non-subordination” approach …

Controlling Executive Compensation Through The Tax Code, Gregg D. Polsky

Scholarly Works

This article analyzes Internal Revenue Code § 162(m), which in general denies public companies a deduction for annual non-performance-based compensation in excess of $1,000,000 paid to senior executive officers. Congress enacted § 162(m) with the intent to reduce the overall level of executive compensation and to influence the composition of executive compensation in favor of components that are more sensitive to firm performance. Notably, § 162(m) represents the most direct Congressional effort to influence executive compensation design. In light of recent events, Congress is being called upon to once again address the perceived problem of overgenerous executive pay packages. Accordingly, …

University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie

Innis Christie Collection

Member Grievance dated November 10, 2006, alleging that the Employer violated Article G1.3a) of the Collective Agreement between the parties, effective May 12, 2006 and expiring June 30, 2010, which the parties agreed is the Collective Agreement applicable here. In the Grievance the Union grieves "the Employer's violation of hiring procedures for sessional instructors", which resulted in the Grievor not being offered a sessional contract to teach [Retracted] for the Spring semester of the academic year 2006/7. The Union seeks a declaration that the Employer violated the Collective Agreement and an order that the Grievor be fully compensated for loss …

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.

Summary Of Mcgrath V. State, Dep’T Of Pub. Safety, 123 Nev. Adv. Op. No. 15, Jeremy K. Cooper

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review of the appeals officer’s decision denying compensation, in a worker’s compensation case. The Nevada Supreme Court affirmed the district court’s order.

Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson

Washington Journal of Law, Technology & Arts

This Article addresses a New Jersey appellate court’s holding which suggests that employers have a common law duty to investigate online misconduct by their employees. In Doe v. XYC Corp., the Appellate Division of the Superior Court of New Jersey held that an employer has a duty to act when (1) it knows that an employee’s use of the Internet would endanger a third person; and (2) it has reason to believe that it may discipline the employee for online activities in the workplace. The court stated that, under this duty to act, an employer must investigate, discipline, and …

Re Halifax Employers Assn And Halifax Longshoremen's Assn, Local 269, Ila, Innis Christie

Innis Christie Collection

The Union believes the Employer breached the Collective Agreement by submitting the dispatch listing seeking workers twelve minutes late. The Employer believed there was a two hour range, thus the dispatch was not late and no loss was suffered by the Union members. As remedy the Union wants payment of members who might have been assigned from the 'hall' or payment into the Union trust fund.

The grievance succeeds in part. The dispatch under consideration was twelve minutes late. Thus the Employer did breach the Agreement. However, no financial loss was demonstrated and the Collective Agreement does not require a …

Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff

The Institute Brief Series, Institute for Community Inclusion

This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.

Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin

Washington International Law Journal

Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more and more workers are relying on the new pathways of arbitration and civil suits in local courts. The 1993 Regulations on the Resolution of Enterprise Labor Disputes and the 1994 Labor Law facilitated workers’ access to formal legal forums. Then, in 2006, a Supreme People’s Court (“SPC”) interpretation made a number of important changes to the application of the Labor Law and workers’ access to dispute …

Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady

Washington and Lee Law Review

No abstract provided.

The Less Than Fair Employment Practice Of An English-Only Rule In The Workplace, L. Darnell Weeden

Nevada Law Journal

No abstract provided.