Labor and Employment Law Commons^™

A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer

Hofstra Labor & Employment Law Journal

The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …

Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Vol. 26, No. 1, Colleen F. O'Keefe

The Illinois Public Employee Relations Report

Contents:

Recent Changes to Special Education Law and the Impact on Collective Bargaining, by Colleen F. O'Keefe

Recent Developments

The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas

McGeorge Law Review

No abstract provided.

Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom

UIC John Marshall Journal of Information Technology & Privacy Law

The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the …

Foreward

Hofstra Labor & Employment Law Journal

No abstract provided.

The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky

Hofstra Labor & Employment Law Journal

No abstract provided.

Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris

Hofstra Labor & Employment Law Journal

Because of an annual tax subsidy that well exceeds $100 billion, most private healthcare expenses in the United States today are covered by employer-sponsored insurance. Like other important employee-welfare benefits, employer-sponsored health insurance is regulated by the Employee Retirement Income Security Act of 1974 (ERISA) - a landmark federal statute whose primary objective was the protection of private-sector retirement savings. A rich scholarly literature has developed which addresses the effects of federal tax and regulatory policy on the structure and performance of our healthcare industry. Within legal academia, however, one issue in particular has engendered much debate: to what extent …

Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster

Hofstra Labor & Employment Law Journal

No abstract provided.

Getting The Train On The Right Track: A Modern Proposal For Changes To The Federal Employers' Liability Act, Melissa Sandoval Greenidge

McGeorge Law Review

No abstract provided.

Foreword, Margaret E. Johnson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim

Sturm College of Law: Faculty Scholarship

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …

Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article proposes that courts follow a new, integrated disparate treatment and accommodation framework for all Title VII religion claims. The integrated framework requires employees to show: (1) the employee had a sincerely held religious belief or practice that may or may not have conflicted with a work requirement; (2) the employer knew of the employee's belief; and (3) the employee was subjected to an adverse employment action. The burden would then shift to the employer to show (1) the employer was neutral, and not intentionally biased toward employee's religion in the workplace, by articulating its reasons for acting, which …

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Fordham Urban Law Journal

There is no question that litigation is expensive, but we remain puzzled as to why the solution to this problem should be arbitration. All the reasons arbitration is cheaper than litigation cut against the rights-holder or against the enforcement of laws. Commentators who argue that arbitration may be the only or best option for some rights-holders implicitly accept a deeply cynical conception of who is entitled to enjoy full remedies for a deprivation of rights. If the problem is a lack of counsel, that lack requires attention, as giving up on courts for certain segments of society is not a …

"Everybody Knows What A Picket Line Means": Picketing Before The British Columbia Court Of Appeal, Judy Fudge, Eric Tucker

Articles & Book Chapters

The general hostility of courts towards workers’ collective action is well documented, but even against that standard the restrictive approach of the British Columbia Court of Appeal stands out. Although this trend first became apparent in a series of cases before World War II in which the court treated peaceful picketing as unlawful and narrowly interpreted British Columbia’s Trade Union Act (1902), which limited trade unions’ common law liability, this study will focus on the court’s post-War jurisprudence. The legal environment for trade union activity was radically altered during World War II by PC 1003, which provided unions with a …

Postracial Discrimination , Girardeau A. Spann

The Modern American

No abstract provided.

Legislative Updates , Rene Carballo

The Modern American

No abstract provided.

When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano

UIC Law Review

No abstract provided.

Is The Door Open Or Closed? Evaluating The Future Of The Federal Medical Peer-Review Privilege, 42 J. Marshall L. Rev. 561 (2009), Ghazal Sharifi

UIC Law Review

No abstract provided.

Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi

UIC Law Review

No abstract provided.

Confessions Of A Whistleblower: The Need To Reform The Whistleblower Provision Of The Sarbanes-Oxley Act, 43 J. Marshall L. Rev. 241 (2009), Jisoo Kim

UIC Law Review

No abstract provided.

Are Women-Only Trade Unions Necessary In South Korea: A Study Of Women Workers' Struggles In Korea's Labor Market Comment , Gina Kong

Northwestern Journal of International Law & Business

Recently, in response to discriminatory laws, a gendered labor market, and male-dominated unions, Korean women workers organized women- only trade unions. This comment argues that the strategy of Korean women workers to unionize apart from mainstream labor unions is a necessary and positive movement. First, the comment examines the circumstances in which the organization of Korean women's trade unions became necessary to respond to the discrimination and mistreatment of women by the Korean labor market and the inadequacy of mainstream trade unions to protect women workers. Second, the comment examines how the Korean women's trade unions have been improving the …

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin

Journal Articles

Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.

Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp

Journal of Law and Health

Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …