Labor and Employment Law Commons^™

How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman

University of Michigan Journal of Law Reform

This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …

A Historical Overview Of The Fair Labor Standards Act, Pamela Newell

Journal Articles

No abstract provided.

Height Discrimination In Employment, Isaac B. Rosenberg

W&M Law Student Publications

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

This Article specifically focuses on heightism in the workplace, with an emphasis on prejudice against short people …

Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins

Nevada Supreme Court Summaries

Certified questions from the United States District Court, District of Nevada, arising from a action by HD Supply Facilities Maint., Ltd. (“HDS”), seeking enforcement of restrictive employment covenants against its former employee, Leif Bymoen (“Bymoen”) and Bymoen’s current employer AZ Partsmaster, Inc. (“AZP”). The questions each relate to whether the Nevada rule, set forth by the Nevada Supreme Court in Traffic Control Servs. v. United Rentals,2 prohibiting the assignment of noncompetition covenants in asset purchase transactions “applies when a successor corporation acquires covenants of noncompetition, nonsolicitation, or confidentiality as a result of a merger.”

Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara J. Fick

Journal Articles

This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.

Book Review - Hiring And Firing, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Data Note: Indicators Of Labor Market Success For People With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Reporting meaningful indicators of labor market success for individuals with disabilities, particularly Intellectual Disabilities (ID), is challenging for a number of reasons. Measures that allow people to indicate specific disabilities like ID are uncommon in large national data sets. Additionally, the use of the “traditional” unemployment rate reported by the Department of Labor as an indicator of labor market success for people with disabilities leaves people who are not in the labor force, a significant group when it comes to subpopulations of people with disabilities, out of the calculation. In this data note, we discuss the implications of using the …

Discriminatory Retaliation: Title Vii Protection For The Cooperating Employee, Megan E. Mowrey

Pace Law Review

No abstract provided.

Public Policy Platform On Flexible Work Arrangements

Published Reports

On May 13, 2009, Workplace Flexibility 2010 released a comprehensive set of policy solutions to expand Americans’ access to flexible work arrangements such as compressed workweeks, predictable schedules, and telecommuting.

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis - in a manner that is as manageable and predictable as possible for both employees and employers. FWAs provide:

• Flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., non-traditional start and end times, flex time, or compressed workweeks) and arrangements regarding overtime, predictable scheduling, and shift and break schedules; …

Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

There is a range of ways in which public policy can help workplace flexibility become a norm in the American workplace. Indeed, the various bills introduced in the 110th Congress to increase access to FWAs, one component of workplace flexibility, represent a wide range of public policy approaches.

This document categorizes and characterizes these public policy approaches to help clarify the options that might be pursued to increase access to FWAs.

A Summary Of Data From Families And Work Institute’S National Study Of Employers (2008), Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This memo presents data from the Families and Work Institute’s 2008 National Study of Employers describing the similarities in access to flexible work arrangements (“FWAs”) for employees of small and large employers. The 2008 National Study of Employers (“2008 Study”) provides a comparison of the availability of 12 types of FWAs to employees of small (50-99 employees) and large (over 1,000 employees) employers.

Bills Introduced In The 111th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center

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

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts bills introduced in the 111th Congress regarding flexible work arrangements.

Preempting State E-Verify Regulations: A Case Study Of Arizona's Improper Legislation In The Field Of "Immigration-Related Employment Practices", Rachel Feller

Washington Law Review

In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program’s use to prevent the employment of undocumented workers. Some of these state laws have been challenged in federal court on the grounds that they are preempted by federal law, particularly the Immigration Reform and Control Act of 1986 (IRCA). Courts have divided on this issue. This Comment explains the boundaries of preemption in the context of …

Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth

Case Studies Series, Institute for Community Inclusion

The increasing emphasis on government accountability at the state and federal levels has increased interest in and use of outcome data. Moreover, research has found that high performing states in integrated employment generally have a clear and visible data collection system that provides individual outcome data (Hall et al, 2007). But what are the most important elements in designing and using a system? Stakeholders have raised questions regarding creating effective data collection systems, identifying variables with the most utility for influencing policy, and using data as a strategic planning tool. This series is intended to shed light on the successes …

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).

Issues In Developing A Common Framework On Informal Employment, Françoise Carré, James Heintz

Center for Social Policy Publications

This paper has been written to stimulate discussion on the definition and measurement of informal employment in developed economies. Much has been written on the definitions of informal employment and the informal sector in the context of developing countries, and these definitions have been applied in collecting and analyzing data from labor force, multi-purpose household, and enterprise surveys. It is less common that the recommendations and techniques for measuring informal employment and informal sector have been applied in developed countries.

In high-income economies, it is more common to speak of ‘nonstandard’ or ‘atypical’ employment. The two concepts of ‘informal employment’ …

James B. Atleson And The World Of Labor Law Scholarship, Dianne Avery, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.

Values And Assumptions Of The Bush Nlrb: Trumping Workers' Rights, Wilma B. Liebman

Buffalo Law Review

No abstract provided.

Transnationalizing The Values And Assumptions Of American Labor Law, Kerry Rittich

Buffalo Law Review

No abstract provided.

The Value Of Values And Assumptions To A Practicing Lawyer, Virginia A. Seitz

Buffalo Law Review

No abstract provided.

Class Conflicts Of Law Ii: Solidarity, Entrepreneurship, And The Deep Agenda Of The Obama Nlrb, James Gray Pope

Buffalo Law Review

No abstract provided.

Unexpected Convergence: Values, Assumptions, And The Right To Strike In Public And Private Sectors, 1945-2005, Joseph A. Mccartin

Buffalo Law Review

No abstract provided.

Some Personal Observations About Values And Assumptions: What Can Jim Teach Wilma And The Board?, Robert J. Rabin

Buffalo Law Review

No abstract provided.

Still Unjaded: Jim Atleson's Twenty-First Century Turn To International Labor Law, Lance Compa

Buffalo Law Review

No abstract provided.

The Hollowing Out Of Corporate Canada: Implications For Transnational Labor Law, Policy And Practice, Harry Arthurs

Buffalo Law Review

No abstract provided.

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett

Journal Articles

No abstract provided.

Managers' Obligations To Employees With Eldercare Responsibilities, John A. Pearce Iii, Dennis R. Kuhn

University of Richmond Law Review

No abstract provided.

Duty Of Fair Representation Jurisprudential Reform: The Need To Adjudicate Disputes In Internal Union Review Tribunals And The Forgotten Remedy Of Re-Arbitration, Mitchell H. Rubinstein

University of Michigan Journal of Law Reform

One of the best kept secrets in American labor law is that duty of fair representation jurisprudence simply does not work. It does not work for plaintiff union members because they must satisfy a close-to-impossible burden of proof and have a short statute of limitations window in which to assert their claim. It does not work for defendant unions because they are often forced to file pointless grievances in order to avoid the cost of litigation. It does not work for defendant employers because they are often brought into these lawsuits because they have the "deep pockets."

This Article makes …

What Employees Say, Or What Employers Do: How Post-Cleveland Decisions Continue To Obscure Discrimination, Lauren Lowe

Vanderbilt Law Review

The phrase "equal justice" has dubious meaning for persons with disabilities who seek redress of employment discrimination in court. After experiencing job loss and facing relatively slim chances of reemployment, many of these individuals seek judicial recognition that their employers failed to accommodate their disabilities. Yet the vast majority of plaintiffs who bring employment discrimination lawsuits under the Americans with Disabilities Act ("ADA") lose. In 2006, employers prevailed in 212 of the 272 cases that went to trial in federal court. Some commentators point to the high win rates for employers as evidence of judicial frustration with the volume of …

The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center

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

No abstract provided.