Labor and Employment Law Commons^™

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry (2017-2022 archives)

No abstract provided.

Reply Brief. Crouse V. Caldwell, 138 S.Ct. 470 (2017) (No. 17-242), Eric Schnapper, Steven H. Goldblatt, Shon Hopwood, Marybeth Mullaney, Jennifer Munter Stark

Court Briefs

QUESTIONS PRESENTED (1) When disputes of fact arise regarding whether speech by a public employee is protected by the First Amendment, should those factual issues be resolved by a trier of fact (the rule in the Second, Third, Sixth, Eighth and Tenth Circuits), or by the court as a matter of constitutional law (the rule in the Fourth Circuit)? (2) When a government employee engages in speech on a subject of public concern, and a court applying Pickering balances the First Amendment interest against any contrary interests of the employer, should the extent of that First Amendment interest be “lessened” …

Uber, Lyft, And Regulating The Sharing Economy, Brett Harris

Seattle University Law Review

The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …

The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso

Maine Law Review

Labor rights in countries with predominantly free market economies have generally passed through three stages--repression, tolerance, and recognition. In the United States, nineteenth-century state and federal governments repressed labor unions by making conduct, such as workers banding together for higher wages, subject to criminal penalty and civil liability. Courts paved the way for tolerating labor unions by overruling repressive precedents. By the early twentieth century, Congress followed suit by legislatively exempting unions from certain legal liabilities. In 1935, Congress enacted Section 7 of the National Labor Relations Act (NLRA), marking the first formal federal government recognition of employees' “right to …

Experience Of Foreign Countries With Regard To The Regulation Of Disability Pensions, M. Karimjonov

Review of law sciences

This article analyzes the experience of foreign countries (Germany, France, The United States and Japan) related to the regulation of disability pensions.

New Institute In Practice-Legal Status Of Recruiting Agencies, G.K. Sarimsakova

Review of law sciences

This article argues the basics of employment agencies’ activities, their role of providing employment of population and mutual collaboration with state organs. Also, in this article, auther conducted analysis between Uzbekistan and foreign experience (Great Britain, Australia, Singapore, Malaysia, Canada, Russia and Kazakhstan) in this sphere..

Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin

D.C. Council Testimony

No abstract provided.

Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin

D.C. Council Testimony

No abstract provided.

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (“CBAs”) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. The article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …

Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu

Pepperdine Dispute Resolution Law Journal

This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation of the Second Circuit’s …

General Personnel Issues, William T. Hopkins

The Catholic Lawyer

No abstract provided.

Ogc Issues Roundtable, John Liekweg

The Catholic Lawyer

No abstract provided.

It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract, Benjamin R. Hutchinson

Maine Law Review

In January of 2008, Kurt Feiereisen was driving to attend a mediation meeting regarding his workers’ compensation claims when he was injured in a car accident. At the time, Feiereisen was pursuing three separate claims against Newpage Corporation for bodily injuries that he had sustained while working for the company during the years of 1987, 1997, and 2007. In June of 2008 he petitioned for compensation awards related to the injuries from all four occasions. Awards were granted for the three earliest injuries, but denied for the injury sustained during the 2008 car accident because this injury did not occur …

Vol. 34, No. 4, John E. Rumel

The Illinois Public Employee Relations Report

Public Employee Speech: Answering the Unanswered And Related Questions in Lane v. Franks, by John E. Rumel

Recent Developments

Professional Licensing And Teacher Certification For Non-Citizens: Federalism, Equal Protection And A State’S Socioeconomic Interests, Janet M. Calvo

Publications and Research

Some states have recently addressed the integration of their non-citizen populations and their socioeconomic needs by expanding the eligibility of professional licensing to noncitizens. Changes made in 2016 in the two states with the largest immigrant populations, California and New York, were extensive and comprehensive. California removed immigration status requirements for licensing through legislation that covered all occupations regulated by the California Department of Consumer Affairs. The New York Board of Regents and Commissioner of Education expanded the categories of non-citizens eligible for professional licensing and teaching certification through administrative regulations, including all non-citizens permanently residing in the state under …

The Flsa Permission Slip: Determining Whether Flsa Settlements And Voluntary Dismissals Require Approval, Alex Lau

Fordham Law Review

The Fair Labor Standards Act of 1938 (FLSA) seeks to protect the poorest, most vulnerable workers by requiring that they be paid a minimum wage and compensated for their overtime labor. When employers do not pay their workers minimum wage or overtime compensation and thereby violate the FLSA, workers have the power to sue their employers for remuneration. Like many other types of cases, most FLSA cases settle before going to trial. Unlike those other types of cases, however, most courts have held that settlements of FLSA cases must be approved to be enforceable. Even though Federal Rule of Civil …

The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain

Law Faculty Scholarship

In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …

Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda

Economics Faculty Publication Series

The basic strategy behind our approach to estimating the cost of a paid leave program was to, as much as possible, base estimates of program costs on actual known leave-taking behavior, and where this was not possible, to estimate a range of program costs reflecting a range of reasonable assumptions about unknown aspects of behavior in the presence of a paid leave program. We wanted to be able to estimate the sensitivity of program costs estimates to these assumptions. We also wanted to be able to analyze the distribution of program benefits by demographic characteristics. Furthermore, we wanted to be …

Law At The Speed Of Dial Up: The Need For A Clear Standard For Employee Use Of Employer-Provided Email Systems That Will Withstand Changing Technology, Jeffrey S. Bosley, Taylor Ball

Washington Journal of Law, Technology & Arts

In 2007, the National Labor Relations Board adopted two clear rules concerning employee use of employer-provided email in Guard Publishing Co.: First, the Board held that employers were not required to allow employees to use employer-provided email to engage in protected activity pursuant to section 7 of the National Labor Relations Act; second, the Board held that if an employer allowed employees to use its email system for non-work purposes, it could still lawfully adopt and enforce nondiscriminatory rules that restricted otherwise protected activity. In 2014, the Board reversed this precedent in Purple Communications, Inc., and held that …

Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder

Cardozo International & Comparative Law Review

The note argues that the use of Collective Bargaining Agreements (CBAs) to enforce antidoping policies in professional sports is inherently flawed due to the time-consuming negotiation process and conflicting priorities between leagues and players associations. It highlights the need for independent organizations like the US Anti-Doping Agency (USADA) to address doping issues more effectively. The note also emphasizes the challenges posed by legal rulings, such as Williams v. National Football League, which undermine the enforceability of CBA provisions, and calls for federal intervention to establish uniform standards and criminal penalties for performance-enhancing drug (PED) use.

Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, Kathryn J. Kennedy

Cardozo Journal of Equal Rights & Social Justice

The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA).

There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …

Tribal Sovereignty And Gaming: A Proposal To Amend The National Labor Relations Act, Regina Gerhardt

Cardozo Law Review

No abstract provided.

A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim

Pepperdine Dispute Resolution Law Journal

This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …

The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert

The Catholic Lawyer

No abstract provided.

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …

Yeshiva Update: Administration 8, Union 0, Michael A. Foley

The Catholic Lawyer

No abstract provided.

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Articles

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …

Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh

Texas A&M Law Review

At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It …

Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas

Claremont-UC Undergraduate Research Conference on the European Union

Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar workers, …

National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois

The Catholic Lawyer

No abstract provided.