Labor and Employment Law Commons^™

Employment Law As Labor Law, Benjamin I. Sachs

Cardozo Law Review

No abstract provided.

Appendix B: "Federal Employees Part-Time Career Employment Act Of 1978", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A sampling of government reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

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

Briefings, Hearings, and Congressional Study Group

A definition of Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Government Incentives To Change Employer Behavior, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Through various incentive mechanisms, the U.S. government has sought to shape and change the ways in which American businesses operate in a wide range of industries.

This fact sheet discuss a few examples of the ways the government can incentivize employer behavior through recognition and awards programs, and through government financing.

The Business Case For Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

The business case for flexibility aims to outline the documented positive effects on businesses when they provide their workers with options to work less or to have more discretion over when, where and how their work is done.

This brief fact sheet lists some of the key findings from research on the business case for flexible work arrangements.

Sources For Statistical Data On Flexible Work Arrangements, Shelley Waters Boots, Anna Danziger

Memos and Fact Sheets

From the Department of Labor, the best survey for flexibility data comes from the Current Population Survey (CPS). The CPS is a monthly survey of 60,000 households that provides data on the labor force, employment, unemployment, and persons not in the labor force.

The benefit of the CPS is that it is large, reliable, and the sample is carefully weighted to provide nationally representative estimates. It also has a significant amount of other data, including a large amount of information on employee characteristics, occupation and industry classifications, and work schedules. The drawbacks however, are that the questions on flexibility are …

Leading By Example: Making Government A Model For Hiring And Retaining Older Workers: Hearing Before The S. Spec. Comm. On Aging, 110th Cong., Apr. 30, 2008 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.

Memo On The Impact Of The United Kingdom's Flexible Working Act, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Since taking effect in 2003, the United Kingdom’s Flexible Working Act has granted parents with children under the age of 6, or with disabled children under the age of 18, the right to request flexible working arrangements from their employers if they have been employed for at least 6 months. This legislation’s provisions were expanded to include employees with adult caregiving responsibilities beginning in 2007, and the government is in the process of planning formal public consultations to extend the law further to include parents of older children.i The law was enacted following a process of consultation with employees and …

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.

Reply Brief For Petitioner, Engquist V. Oregon Department Of Agriculture, No. 07-474 (U.S. April 9, 2008), Justin Florence, Mathew Gerke, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Vol. 25, No. 2, Bruce C. Beal

The Illinois Public Employee Relations Report

Contents:

Survey of Recent Legislation Affecting Police Officers and Firefighters, by Bruce C. Beal

Recent Developments

Further References, compiled by Yoo-Seong Song

The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv

West Virginia Law Review

No abstract provided.

Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole

University of Arkansas at Little Rock Law Review

When Congress expanded the remedies available to Title VII the plaintiffs in the Civil Rights Act of 1991 to include compensatory and punitive damages, it did not realize that it was creating a minefield for certifying would-be Title VII class actions. The Fifth Circuit thoroughly explored many of the new pitfalls and hazards in its landmark opinion in Allison v. Citgo Petroleum Corp. This article attempts to critically evaluate a recent post-Allison trend whereby Title VII plaintiffs seeking class certification have foregone their claims for compensatory damages while still seeking punitive damages. Plaintiffs, relying on the Supreme Court's recent cases …

Data Note: State Mental Retardation And Developmental Disabilities Agencies Expenditures For Integrated Employment Services, Jean E. Winsor, Frank A. Smith, Brooke Dennee-Sommers

Data Note Series, Institute for Community Inclusion

In FY2004, the average expenditure per person for integrated employment as reported by state Mental Retardation and Developmental Disabilities (MR/DD) agencies was $6,251 (Table 1). This figure has increased steadily since the mid-1990s indicating that states have slowly begun allocating additional resources towards integrated employment. However, growth in expenditures is likely a result of changes in federal law as opposed to changes in the amount of state dollars available to fund integrated employment.

Rethinking "The Plan": Why Erisa Section 502(A)(2) Should Allow Recovery To Individual Defined Contribution Pension Plan Accounts, Regina L. Readling

Buffalo Law Review

No abstract provided.

The Impact Of Emerging Technologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia Tuminaro

Publications and Research

This 2008 law review article examines the state of the law and regulation concerning the introduction of then new technologies in the workplace to track and monitor workers.

Lawyers With Disabilities: L'Handicape C'Est Nous, Anita Bernstein

Faculty Scholarship

No abstract provided.

Profiling The New Immigrant Worker: The Effects Of Skin Color And Height, Joni Hersch

Vanderbilt Law School Faculty Publications

Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source country, family background, ethnicity, race, and country of birth. Immigrants with the lightest skin color earn on average 17 percent more than comparable immigrants with the darkest skin color. Taller immigrants have higher wages, but weight does not affect wages. Controls for extensive current labor market characteristics that may be influenced by discrimination do not eliminate the negative effect of darker skin color on wages.

Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz

Vanderbilt Law Review

The "who" question is prominent in recent legal scholarship about work: Who is recognized as a worker, and who is left out? Roughly speaking, two distinct conversations pursue this question. One analyzes the centrality of market work and questions whether other activities-nonmarket work-should be incorporated into legal regimes of worker support and protection. This inquiry emerges from feminist scholarship, focuses on families and caregiving, and primarily considers reforms in who counts as a worker for the purposes of family, welfare, social insurance, and tax law. The boundaries of employment largely are taken for granted, and the problem is whether to …

The Earned Income Tax Credit As An Incentive To Report: Engaging The Informal Economy Through Tax Policy, John Infranca

Suffolk University Law School Faculty Works

The Earned Income Tax Credit (EITC) provides financial assistance to low-income workers through a refundable tax credit. The EITC, which has received strong bipartisan support since its introduction in 1975, now represents the nation’s largest anti-poverty program for non-elderly individuals. In this Note, I contend that the EITC’s historical development failed to account for (and prior scholarly analysis of its impact on labor supply decisions have ignored) the important role of informal employment in the lives of the working poor. This Note presents the first analysis of the financial impact of government transfer and tax programs on the decision to …

Summary Of International Game Tech., Inc. V. Dist. Ct., 124 Nev. Adv. Op. No. 18, Krystal Gallagher

Nevada Supreme Court Summaries

This opinion rejects International Game Technology’s (hereinafter “IGT”) challenge to the district court’s denial of their motion to dismiss for failure to state a claim under Nevada False Claims Act’s anti-retaliation provisions (hereinafter “FCA”). The Court also clarifies the meaning of the statute at issue, NRS 357.250.

Summary Of Public Employees’ Benefits Prog. V. Lvmpd, 124 Nev. Adv. Op. No. 14, Meredith Holmes

Nevada Supreme Court Summaries

Appeal from a district court order granting declaratory relief to Las Vegas Metro Police Department (Metro) and Clark County, regarding whether the local government employers were required to subsidize their retirees’ Public Employees’ Benefits Program (PEBP) premiums.

Canadian Media Guild V Canadian Broadcasting Corp, Innis Christie

Innis Christie Collection

The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

Summary Of Umc Physicians V. Nev. Serv. Emp. Union, 124 Nev. Adv. Op. No. 9, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for filing a complaint with Nevada’s Local Government Employee-Management Relations Board (the “Board”), under NRS 288.110 and NRS 288.040. The Nevada Supreme Court held that a complainant need only be an employee organization as defined in NRS 228.040 and have a legally recognizable interest in a justiciable controversy in order to file a complaint.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

Massworks: One-Stop Collaborations: The Key To Expanding Your Workforce Connections, Rick Kugler

MassWorks Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) of 1998 mandated One-Stop Career Centers to deliver public workforce development services. The intent of WIA was to bring together a wide range of federally funded employment and training programs to create an integrated service system to meet the needs of all job seekers.

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.