Labor and Employment Law Commons^™

Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris

Hofstra Labor & Employment Law Journal

This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …

Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega

Hofstra Labor & Employment Law Journal

No abstract provided.

Fss 2020: Pension Sector, Zarah Gadzama

Bullion

The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …

Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener

Hofstra Labor & Employment Law Journal

No abstract provided.

The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr

Hofstra Labor & Employment Law Journal

No abstract provided.

College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal

Hofstra Labor & Employment Law Journal

No abstract provided.

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Kaplan, Yotam Kaplan, Yotam

Articles

In this Article, we show how the biggest tort reform of the last decade was passed through the back door with the blessing of its staunchest opponents. We argue that the widely-endorsed "apology law" reform-a change in the national legal landscape that privileged apologies-is, in fact, a mechanism of tort reform, used to limit victims' recovery and shield injurers from liability. While legal scholars overlooked this effect, commercial interests seized the opportunity and are in the process of transforming state and federal law with the unwitting support of the public.

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Faculty Scholarship

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami

University of Miami International and Comparative Law Review

No abstract provided.

Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.

Petition For A Writ Of Certiorari, 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” …

When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker

Osgoode Hall Law Journal

In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law. However, it is a little known fact that in 1935, Canada enacted a criminal wage theft law, which remained on the books until 1955. This article provides an historical account of the wage theft law, including the role of the Royal Commission on Price Spreads, the legislative debates and amendments that …

Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne

Indiana Journal of Global Legal Studies

Raising global labor standards has been a goal of labor activists, nongovernmental organizations (NGOs), and nations for over a century. The International Labor Organization (ILO) was created nearly one hundred years ago for that purpose, but a century later its goal remains largely unfinished. This paper will propose a retooling initiative for the ILO that will give it the enforcement power it needs for real labor standard change and the resources it needs to use that enforcement power to promote work according to established international labor standards. This enforcement power will take place through regional free trade agreements (RFTAs), which …

Reckless Discrimination, Stephanie Bornstein

UF Law Faculty Publications

If there are known, easily adopted ways to reduce bias in employment decisions, should an employer be held liable for discriminatory results when it fails to adopt such measures? Given the vast amount we now know about implicit bias and the ways to reduce it, to what extent is an employer who knowingly fails to do so engaging in intentional discrimination? This Article theorizes a “recklessness” model of discrimination under Title VII, arguing for liability where an employer acts with reckless disregard for the consequences of implicit bias and stereotyping in employment decisions. Legal scholars have argued that Title VII …

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review (2009 - Present)

No abstract provided.

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review (2009 - Present)

No abstract provided.

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or …

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s recent decision in Advocate …

Equality After Brexit: Evaluating British Contributions To Eu Antidiscrimination Law, Julie C. Suk

Articles

The article examines the significant contributions of the United Kingdom to the development of EU antidiscrimination law, particularly through its involvement in key cases and the opinions of British Advocates General. It highlights how Brexit may impact the future evolution of these legal principles within the EU.

Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa

Chicago-Kent Law Review

Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …

Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne

Chicago-Kent Law Review

Ride-sharing companies such as Uber Technologies Inc. (“Uber”) have revolutionized the ride-sharing industry. In the realm of employment classification, Uber has a substantial financial motivation to classify its drivers as independent contractors because it frees Uber from financing workers’ compensation programs, payroll taxes, and employee benefit programs. Others argue that Uber should not be able to escape such direct liabilities. In light of this ongoing debate, the U.S. District Court for the Northern District of California has recently denied Uber’s class-action settlement agreement, thereby preserving the issue of whether Uber drivers should be classified as employees or independent contractors. Federal …

The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll

Articles

The article offers information on the dubious empirical and legal foundations of workplace wellness programs in the U.S. Topics discussed include enactment of Affordable Care Act for expanding the scope of incentives availas; analysis of financial incentives offered to the employees for encouraging their participation in wellness programs; and targeting incentives specifically toward individuals diagnosed with chronic diseases.

Vol. 34, No. 3, Jeffery M. Brown

The Illinois Public Employee Relations Report

Collision Course of Legal Obligations: FOIA, Collective Bargaining and Privacy Considerations: by Jeffery M. Brown

Recent Developments

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The field of Employment Discrimination continued to be alive and well during the 2016 survey period. Although the United States Court of Appeals for the Eleventh Circuit continued its recent trend of issuing the vast majority of its employment discrimination cases as unpublished opinions (often per curiam opinions affirming a summary judgment for the employer), the court of appeals rendered far more published opinions during the survey period than has recently been its practice. The Eleventh Circuit issued six published Title VII opinions, and fifteen published employment discrimination opinions overall. For instance, in Villarreal v. R.J. Reynolds Tobacco Co., …

Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner

Indiana Law Journal

Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …

Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler, Patricia-Anne Upson

Mercer Law Review

This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2016 to December 21, 2016.1 This Article will focus on case law concerning laws enforced by the United States Department of Labor and the National Labor Relations Board. The following is a discussion of those opinions.

From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel, Isaac Amit

Cardozo Journal of International and Comparative Law

The article explores the development and application of constitutional rights in Israel, emphasizing the unique challenges faced by the Israeli Supreme Court due to the absence of a formal constitution. It highlights how the judiciary has played a pivotal role in shaping constitutional rights through the interpretation of Basic Laws and common law, while navigating the complexities of Israel's multicultural and often polarized society. The analysis underscores the use of comparative law and the balancing of individual rights against state interests, particularly in matters of security and social welfare.