Labor and Employment Law Commons^™

Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling

Indiana Journal of Global Legal Studies

This article asks how cultural frameworks of status influence the evaluation of performance including compensation and advancement of lawyers who were seven years into their practice. We borrow from the work on status expectations that goes beyond gender distinctions and assesses whether the concept of motherhood has a negative impact on assessment of female lawyers. Status expectations theory hypothesizes that mothers are valued less because they are less committed to the workplace and thus receive a motherhood penalty while men receive a fatherhood bonus in compensation decisions. Employing data from the After The JD study, we test the impact of …

"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli

Indiana Journal of Global Legal Studies

This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …

Marital Status And Privilege, Laura A. Rosenbury

UF Law Faculty Publications

This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks …

Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei

Indiana Journal of Global Legal Studies

Numerous studies document women's overrepresentation among those leaving the profession of law. Although research has documented high turnover among women lawyers, particularly from private practice, only a handful of studies have explored the factors precipitating the decision to leave. The main causal factors identified to date include difficulties associated with combining family life and law practice and problems of discrimination and blocked career advancement. In this paper, we analyze data from a longitudinal study of nearly 1,600 Canadian lawyers, surveyed across a twenty-year period. Using survival models to estimate the timing of transitions out of private practice, we examine factors …

Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor

The Institute Brief Series, Institute for Community Inclusion

Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.

The Recurring Native Response To Global Labor Migration, Patrick W. Thomas

Indiana Journal of Global Legal Studies

For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with "illegal" immigration, and negative economic consequences for natives. They further disclaim any discriminatory motive behind the laws, claiming that the laws only target "illegal" immigration.

This note argues that (1) through a comparison with immigration flows and laws arising in the First Era of Globalization in the …

Labor And Employment, Patrick L. Coyle, Alexandra Garrison Barnett, Brooks A. Suttle

Mercer Law Review

Courts within the United States Court of Appeals for the Eleventh Circuit handed down a number of important labor and employment opinions during the January 1, 2012 to December 31, 2012 survey period.' The following is a discussion of those opinions.

I. FAMILY AND MEDICAL LEAVE ACT

II. LABOR MANAGEMENT RELATIONS ACT

III. NATIONAL LABOR RELATIONS ACT

IV. FAIR LABOR STANDARDS ACT

V. GEORGIA RESTRICTIVE COVENANT LAW

Interagency Litigation And Article Iii, Joseph Mead

All Maxine Goodman Levin School of Urban Affairs Publications

Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …

Contested Meanings Of Freedom: Workingmen's Wages, The Company Store System, And The Godcharles V. Wigeman Decision, Laura Phillips Sawyer

Scholarly Works

In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent workingmen. The decision quashed over two decades of efforts to end the “truck system.” Although legislators had agreed that wage payments redeemable only in company store goods appeared antithetical to the free labor wage system, two obstacles complicated legislative action. Any law meant to enhance laborers’ rights could neither favor one class over another nor infringe any workingman’s ability to …

The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine

Other Publications

Each of the three traditional learned professions has had its “bible.” Divines had the progenitor, the Holy Bible itself; medical doctors had Gray’s Anatomy; and lawyers had Blackstone. What could be more fitting than that the sprightly newcomer to the ranks of the learned professions—labor arbitration—should also have its own bible: Elkouri & Elkouri, How Arbitration Works? But while Blackstone, Gray’s, and perhaps even the King James Version have largely been supplanted by sleeker, more contemporary models, nothing of the sort has happened to Elkouri. It just sails on majestically from one edition to another, now heading into its seventh.

Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness

Touro Law Review

No abstract provided.

More Hair-Raising Decisions, And How Professor Wendy Greene Combs Through Their Flaws, Angela Onwuachi-Willig

Faculty Scholarship

If you are looking for an interesting and timely employment discrimination article to read, please consider Black Women Can’t Have Blonde Hair . . . in the Workplace, by Professor Wendy Greene of Cumberland, Samford University, School of Law. In that article, Professor Greene builds upon the work that she began in her article Title VII: What’s Hair (and Other Race Based Characteristics) Got to Do With It¹ where she argued that characteristics that are commonly associated with a particular racial or ethnic group should fall under Title VII’s current protected categories of race, color, and national origin. …

The Gamification Of Work, Miriam A. Cherry

AI-DR Collection

In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …

Summary Of Williams V. United Parcel Services, 129 Nev. Adv. Op. No. 41, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered when an employee, who seeks to reopen a workers’ compensation claim that has been closed for over a year, is deemed to have been “off work” under NRS 616C.390(5).

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

Rights Of Belonging For Women, Rebecca E. Zietlow

Indiana Journal of Law and Social Equality

No abstract provided.

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.

Shared Responsibility And The International Labour Organization, Yossi Dahan, Hanna Lerner, Faina Milman-Sivan

Michigan Journal of International Law

How should the international labor regime be reformed in order to guarantee all workers around the world minimum labor standards? This is the central question we address in this Article. It has been weighed and discussed by social scientists, legal scholars, and philosophers, who analyze it from various economic, political, and legal perspectives. Yet interestingly, the literature in this field has been, by and large, characterized by a sharp disciplinary divide: on the one hand, labor law scholars typically address the issue of international labor standards from a detailed practical perspective, defining the problems in terms of enforcement, efficacy, or …

Neither A Pedestal Nor A Cage: In Pursuit Of Genuine Gender Equality In The Philippine Workplace, Emily Sanchez Salcedo

Maurer Theses and Dissertations

For seven straight years since 2006, the Philippines ranked among the top ten countries in the World Economic Forum’s Global Gender Gap Index that rates countries based on their ability to close the gender gap in four fundamental categories, to wit: economic participation and opportunity, educational attainment, health and survival, and political empowerment. At eighth place, the country leads the rest of Asia and proudly shares the top spot in educational attainment and health and survival while managing to land in the top twenty in terms of economic participation and opportunity and political empowerment. While these rankings warm the …

Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall

Pepperdine Law Review

Social media is an increasingly powerful platform for expression. In late 2009, the National Labor Relations Board began to address the extent to which unionized employees could make disparaging comments about their employers on social media websites. To date, the Board has persisted in treating Internet communications the same as traditional, face-to-face interactions between employees. Additionally, the Board continues to apply dated precedent to current social media cases. This Comment argues that the Board's present approach is inadequate to address the distinct qualities of social media and sets forth recommendations for alternate ways to evaluate employee speech.

Brief For Petitioners. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 2320, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern

Court Briefs

No abstract provided.

"…And Women Must Weep" V. "Anatomy Of A Lie": An Empirical Assessment Of Two Labor Relations Propaganda Films, Thomas G. Field Jr., Juanita V. Field

Pepperdine Law Review

No abstract provided.

Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell

Pepperdine Law Review

No abstract provided.

Linden Lumber: The Demise Of Authorization Cards As A Means Of Establishing Majority Status , Wesley R. Harrison

Pepperdine Law Review

No abstract provided.

Book Review - Schlei And Grossman: Employment Discrimination Law, R. Wayne Estes

Pepperdine Law Review

No abstract provided.

Employer Unfair Practices Under California's Rodda Act And The Nlra: A Comparative Survey, H. Anthony Miller

Pepperdine Law Review

No abstract provided.

Recent Publications, Charles Mandel, Frank J. D'Oro

Pepperdine Law Review

No abstract provided.

Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr

Pepperdine Law Review

No abstract provided.

Summary Of City Of Las Vegas V. Evans, 129 Nev. Adv. Op. 31, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a firefighter who does not qualify for a presumption that his cancer is a compensable occupational disease may still seek to prove it is a compensable occupational disease without the benefit of the presumption. The court also considered whether the appeals officer erred in awarding benefits in this case for a firefighter’s cancer.