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Articles 121 - 150 of 213
Full-Text Articles in Labor and Employment Law
Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park
Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park
Management Faculty Publications and Presentations
Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Scholarly Works
In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs’ recovery. The outcome of such a dichotomy is that low-wage workers are increasingly unable to challenge unlawful wage violations successfully because the aggregation mechanism is too easily defeated. Without an ability …
In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii
In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii
Scholarly Works
This article emerged from my participation in a Symposium addressing global perspectives on the topic, "Anti-Discrimination Discourse and Practices," sponsored by The Jean Monnet Chair of European Law at Cagliari University, Sardinia. The article examines the rhetorical development of the "reasonable woman" standard of hostile work environment sexual harassment under Title VII. I argue that the rhetorical framing of the standard has unnecessarily limited its impact, perhaps to the point of undermining its potential to radically revise our understanding of gender discrimination. I suggest how the rhetorical power of the standard might be recovered.
Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley
Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley
Scholarly Works
This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of a …
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination, Kerry Van Der Burch
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination, Kerry Van Der Burch
University of Colorado Law Review
This Note focuses on a recent Seventh Circuit case of first impression, Hall v. Nalco, which held that Title VII prohibits an employer from firing an employee for absenteeism related to infertility treatments. Because Hall is the first circuit court decision to rule that fertility-treatment discrimination can be a form of sex discrimination under Title VII, it represents a victory for infertile employees suffering from workplace discrimination. Yet Hall tells a tale of missed opportunities. This Note highlights how both the Seventh Circuit and the plaintiff, Cheryl Hall, missed opportunities to expand legal protection for employees undergoing infertility treatments. First, …
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Reviews
Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman
Faculty Publications
In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers Jr.
Law Faculty Publications
This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth Circuit's …
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment, Katherine R. Morelli
Oklahoma Law Review
No abstract provided.
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo, Emily D. Wilson
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo, Emily D. Wilson
Oklahoma Law Review
No abstract provided.
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
Women’s Studies, Feminist Zine Archive
Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.
The Legal Arizona Workers Act And Preemption Doctrine, Sandra J. Durkin
The Legal Arizona Workers Act And Preemption Doctrine, Sandra J. Durkin
Michigan Journal of Race and Law
in recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went into effect in 2008 and has amassed more than two years' worth of data on its enforcement, and because it is touted as the harshest state anti-immigration measure to date. This Note examines the law's impacts and argues that practitioners nationwide should challenge the Legal Arizona …
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson
Michigan Journal of Race and Law
The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …
Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler
Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler
Faculty Publications
The use of “card checks” as a method of union organizing has recently garnered considerable attention, much of it surrounding the proposed Employee Free Choice Act. The proposed legislation seeks to amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via card checks. Despite this recent interest in card checks, there is little empirical research on the topic due, in part, to the lack of available data. Although card-check organizing in the private sector is not rare, such organizing is voluntary, and does …
The Meaning Of Just Cause In North Carolina Public Employment Law: Caroll And Its Progeny Provide For A Heightened Multifactor Standard For State Employee Disciplinary Cases, J. Michael Mcguinness
The Meaning Of Just Cause In North Carolina Public Employment Law: Caroll And Its Progeny Provide For A Heightened Multifactor Standard For State Employee Disciplinary Cases, J. Michael Mcguinness
Campbell Law Review
This Article explores the doctrine of just cause in North Carolina public employment law. After a review of the leading North Carolina Supreme Court case of N.C. Department of Environment and Natural Resources v. Carroll and its progeny, this Article examines applicable just cause standards and analytical tests so that the true meaning of just cause can be better understood. Multi-factor tests are applied in order to employ a more objective just cause standard and to avoid unprincipled conclusions not founded upon established criteria.
Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis
Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis
Faculty Scholarship
Discrimination against women seeking or serving in leadership positions in sport is worthy of analysis, not only for the sake of individual women who desire to self-actualize as a head coach or athletic administrator, but because the unique role of sport in society gives underrepresentation of women in leadership positions additional significance. Due to its high visibility and widespread appeal—its veritable iconic status—sport is a salient site of cultural production. That is, sport operates on a symbolic level, reflecting and transmitting shared cultural values. Among these values, sport helps define the attributes associated with leadership, and thus, derivatively, power. By …
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Research Reports & White Papers
Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …
Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Law Faculty Articles and Essays
In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.
Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman
Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman
UF Law Faculty Publications
This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not (as defenders of the current regime have argued) because it grants workers too much protection vis-à-vis management, but because it grants them too little. A just cause rule provides only a weak cause of action to a narrow subset of workers …
Incenting Flexibility: The Relationship Between Public Law And Voluntary Action In Enhancing Work/Life Balance, Rachel Arnow-Richman
Incenting Flexibility: The Relationship Between Public Law And Voluntary Action In Enhancing Work/Life Balance, Rachel Arnow-Richman
UF Law Faculty Publications
Prepared for the University of Connecticut Law Review's Conference, “Implications of the Four-Day Workweek,” this Paper examines the significance of a four-day, forty-forty work week to caregivers in need of individualized workplace accommodation. Employer interest in “four/forty” and other alternative work structures demonstrates that the current organization of market work is not inevitable and that its re-organization in ways that facilitate full participation by caregivers can sometimes be mutually beneficial. Yet it is unlikely that employers act optimally in responding to individual accommodation requests. Well-known limits on rational choice theory can impede supervisors’ ability to determine whether a particular accommodation …
Talking Is Worthwhile: The Role Of Employee Voice In Protecting, Enhancing, And Encouraging Individual Rights To Job Security In A Collective System, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan Maher
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan Maher
Faculty Articles and Papers
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts (“MMA”). MMA is an interdisciplinary combat sport whose participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) within one match. In this Article, I examine and analyze the sport’s evolution, articulate a theory of sporting legitimacy, supply a conceptual taxonomy of regulation, and highlight potential reform. More specifically, my foundational treatment proceeds as follows. I first explain the modern history and development of MMA, tracing it from its shaggy, brutish …
Complimentary And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig
Complimentary And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig
Faculty Scholarship
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the "overqualified" minority faculty candidate, the candidate who is presumed to have too many opportunities and thus gets excluded from faculty interview lists and consideration. In so doing, this Article poses and answers the question: "Can exclusion from interviewing pools and selection based upon the notion that one is just 'too good' to recruit to a particular department constitute an actionable form of discrimination?" Part I of this Article begins by briefly reviewing the changes in faculty diversity and inclusion at colleges …
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada, Jamie Baxter
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada, Jamie Baxter
Articles, Book Chapters, & Popular Press
Temporary foreign workers in Canada experience substandard employment relationships, are explicitly denied many formal rights and are practically excluded from most employment protections. Led by a growing emphasis on workers’ temporary status as a root cause of their employment-related vulnerabilities, some advocates, as well as elected officials, are now calling on governments to improve opportunities for workers to attain permanent residency in Canada, primarily for those in lower-skilled occupations. The central aim of this paper is to evaluate whether Provincial Nominee Programs are likely to address the real insecurities faced by vulnerable lower-skilled temporary foreign workers. Given that there are …
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
University of Richmond Law Review
No abstract provided.
The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers
The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker
Articles & Book Chapters
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …
Reply: Good Intentions Matter, Katharine T. Bartlett
Reply: Good Intentions Matter, Katharine T. Bartlett
Faculty Scholarship
While writing the article to which Professors Mitchell and Bielby have published responses, I was mindful of the many ways in which the article could be misinterpreted. In taking issue with the assumption that legal controls work in a direct, linear manner to deter crimination, I thought I might be misunderstood to say that people are not responsive to incentives. In worrying about how legal sanctions exert external pressure that may crowd out the inclination of well-intentioned people to self-monitor for bias, I feared that the article would be read mistakenly to oppose strong and appropriate legal rules against discrimination. …
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine
Articles
President Obama's election and the Democrats' takeover of Congress, including what was their theoretically filibuster-proof majority in the Senate, have encouraged organized labor and other traditional Democratic supporters to make a vigorous move for some long-desired legislation. Most attention has focused on the Employee Free Choice Act (EFCA). As initially proposed, the EFCA would enable unions to get bargaining rights through signed authorization cards rather than a secret-ballot election, and would provide for the arbitration of first-contract terms if negotiations fail to produce an agreement after four months. The EFCA would apply to the potentially organizable private-sector working population; at …
Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin S. Pandya
Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin S. Pandya
Faculty Articles and Papers
This paper presents a method for detecting stealth precedent erosion, i.e., when an appellate court majority deliberately writes the opinion in case y to reduce the scope of its precedent x, but does not expressly refer to precedent x in the opinion. Applying this method, the paper provides a strong basis for concluding that in Ricci v. DeStefano (2009), a United States Supreme Court case decided under Title VII of the Civil Rights Act of 1964, the Court majority eroded by stealth United Steelworkers of America v. Weber (1979), and Johnson v. Transportation Agency (1987), both cases that read Title …