Labor and Employment Law Commons^™

Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara

Richmond Journal of Law & Technology

A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.

Where Are You Hurt? Kentucky Redefines Workers' Compensation Injury In A Post-Traumatic Stress Disorder World, James M. Inman

Kentucky Law Journal

No abstract provided.

An Analysis Of Horse Racing Jockeys Riding Under Kentucky's Workers' Compensation Laws, Ian C. B. Davis

Kentucky Law Journal

No abstract provided.

Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague

Hofstra Labor & Employment Law Journal

No abstract provided.

The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.

Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas

Hofstra Labor & Employment Law Journal

No abstract provided.

Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick

Hofstra Labor & Employment Law Journal

No abstract provided.

Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman

Hofstra Labor & Employment Law Journal

Federal and state reporters are filled with examples of lopsided arbitration agreements drafted by employers with the apparent intent of discouraging employees from successfully bringing valid claims. The case reporters contain far fewer examples of employment dispute resolution programs that are carefully designed to ensure that employees receive a fundamentally fair forum for the resolution of their employment disputes, for the obvious reason that employees are less likely to challenge these programs. Similarly, most scholarly commentary focuses on the overall merits and demerits of employment arbitration, or on problems posed by particular provisions often found in employment arbitration agreements, but …

Decent Work With A Living Wage, In The Global Labour Market: From Gglobalization To Flexicurity., Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Wood v. Lucy, Lady Duff-Gordon is often cited for the principle that every contract contains an implied covenant of good faith and fair dealing. Yet the very source of that decision--the New York Court of Appeals--has been emphatically unwilling to recognize an implied good-faith covenant in the context of employment relationships, given the judicial presumption of employment at will. This essay criticizes the New York Court of Appeals' conclusion that the implied covenant of good faith and fair dealing must yield to the presumption of employment at will, and advocates a more balanced approach.

Economic Analysis Of Labor And Employment Law In The New Economy: Proceedings Of The 2008 Annual Meeting, Association Of American Law Schools, Section On Law And Economics, Ruben J. Garcia

Scholarly Works

Professor Ruben Garcia shares his comments on Professor Jagdeep Bhandari's paper, Migration to Developed Countries and Labor Markets, while on this panel at the 2008 Annual Meeting of the section on Law and Economics of the American Association of Law Schools.

Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia

Scholarly Works

In Garcetti v. Ceballos, the Supreme Court denied constitutional protection to a deputy prosecutor named Richard Ceballos. In reaching its decision, the Court pointed to the plethora of statutory protections that were available to government whistleblowers. A closer examination of these statutory alternatives reveals that they will not protect Ceballos. This is the paradox of statutory protection in labor and employment law-more sometimes is less for vulnerable workers.

This Article places the Garcetti case in the historical trajectory of worker protection—from no protection to statutory protection. This Article argues for a move toward constitutional and international protection …

No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn

Articles & Book Chapters

Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …

Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps

Articles & Book Chapters

This article investigates the work of individuals who help out informally with a family member's job, often without pay. Examples include the relative who works in the back room of the family business, the executive spouse who hosts corporate functions, the political wife who campaigns with her husband, or the child who does chores on the family farm. The term "unpaid market labor" (UML) is used here to describe the ways that family members collaborate directly in paid activities that are legally and socially attributed to others. The practical legal problems that can arise in relation to UML are illustrated …

Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps

Articles & Book Chapters

The term 'unpaid market labor' refers to the direct contributions of unpaid family members to market work that officially belongs to another member of the household. Thus one individual may be construed legally as an owner or entrepreneur, but relatives may help out informally with business operations. Likewise, in corporate or public-service settings, certain employees rely on the unpaid help of an executive spouse or political wife. This paper argues that unpaid market labor is conceptually distinct from both paid work and unpaid domestic labor. Legal cases from Canada are used to illustrate the policy implications of this insight and …

Radical Labor In A Feminine Voice: The Rhetoric Of Mary Harris 'Mother' Jones And Elizabeth Gurley Flynn, Mari Boor Tonn

Rhetoric and Communication Studies Faculty Publications

Two women in particular, Mary Harris “Mother” Jones and Elizabeth Gurley Flynn, earned stature as labor movement legends. Jones persists as an icon for contemporary champions of progressive causes. Separated in age by nearly six decades, both gained reputations for their “leather-lunged” and militant oratory, their disarming fearlessness, and their uncanny talent for captivating the minds and hearts of audiences regardless of sex or ethnicity. Some observers have linked the pair through what Marx termed “the feminine ferment” of the movement. “The fiery example of Mother Jones had one conspicuous follower,” note Lloyd Morris, “Elizabeth Gurley Flynn.”

The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …

Wage Discrimination And The Difficulty Of Proof, Jason Lewis

Public Interest Law Reporter

No abstract provided.

Immigration Raid Results In Charges Filed Against Iowa Slaughterhouse For Child Labor Violations, Ana Maria Echiburu

Public Interest Law Reporter

No abstract provided.

"Pick"Ering The Speech Rights Of Public School Teachers: Arguing For A Movement By Courts Toward The Hazelwood-Tinker Standard Under The First Amendment, Heather Bennett

Florida A & M University Law Review

No abstract provided.

Accommodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Scholarly Works

This Article makes the case for judicial recognition of respectful religious expression in the workplace as more consistent with the Court's Establishment Clause jurisprudence and also more true to the legislative intent of the religious accommodation provisions of Title VII. Respectful religious pluralism in the workplace should become the norm through judicial requirements of best practices in the workplace. Such a view should be wholly supported by the majority of the Justices because it is consistent with their expressed views, in the Establishment Clause case law, that religion fosters moral good and that in a pluralistic society religious expression cannot …

Reinventing American Immigration Policy For The 21st Century, Krissy A. Katzenstein

Vanderbilt Journal of Transnational Law

With an estimated eleven to twelve million undocumented workers currently in the United States, the need for immigration reform is critical. As lawmakers grapple with the question of how to best meet the needs of the country, they should keep in mind that the United States is a country of immigration. If the U.S. reverts to a guest worker program like that proposed by the Bush administration, it should expect the results that history suggests--worker exploitation, falling wages, deteriorating working conditions, and discrimination. However, proposals calling for immediate permanent legal status also fail to completely address the needs of the …

Emerging Issues In North American Trade - Labor Law, Chios Carmody, Kevin Banks, Robert Strassfeld

Faculty Publications

The Proceedings of the Canada-United States Law Institute Conference on an Example of Cooperation and Common Cause: Enhancing Canada-United States Security and Prosperity Through the Great Lakes and North American Trade, Panel on Emerging Issues in North American Trade - Labor Law, Cleveland, Ohio April 2-4, 2009.

Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Faculty Works

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …

From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba

Hofstra Labor & Employment Law Journal

No abstract provided.

A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot

Hofstra Labor & Employment Law Journal

No abstract provided.

Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg

Hofstra Labor & Employment Law Journal

No abstract provided.

Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen

Hofstra Labor & Employment Law Journal

No abstract provided.

A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen

Hofstra Labor & Employment Law Journal

Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …

Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski

Hofstra Labor & Employment Law Journal

No abstract provided.