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Labor and Employment Law Commons™

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2019

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Institution
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Articles 271 - 276 of 276

Full-Text Articles in Labor and Employment Law

Introduction To The Symposium On Transnational Futures Of International Labor Law, Adelle Blackett, Laurence R. Helfer Jan 2019

Introduction To The Symposium On Transnational Futures Of International Labor Law, Adelle Blackett, Laurence R. Helfer

Faculty Scholarship

The centenary of the international organization whose constitution proclaims that social justice is indispensable for universal and lasting peace is too pivotal to go unnoticed. Established during the Paris Peace Conference of 1919, the International Labour Organization (ILO) was once a paradigmatic subject of study by international legal scholars and international relations theorists. A uniquely tripartite institution whose governance structure comprises workers, employers, and governments, the ILO survived the beleaguered League of Nations to become the first United Nations specialized agency in 1946. Its staff narrowly escaped the rise of fascism in Europe and settled into a wartime home at …


The Impact Of Law On The State Pension Crisis, Elizabeth S. Goldman, Stewart E. Sterk Jan 2019

The Impact Of Law On The State Pension Crisis, Elizabeth S. Goldman, Stewart E. Sterk

Articles

While some state and municipal pension plans have funds sufficient to meet obligations to retirees without imposing onerous obligations on current and future taxpayers, underfunding of plans in other states has reached disastrous proportions, raising the possibility of default on pension obligations, cuts in public services, steep tax increases, or some combination of the three. The substantial differential in pension funding might be attributed to divergent political pressures, different responses to uncertainty about investment returns, or other factors. Our examination of pension funding law in ten states-five with the best-funded plans and five with the worst-funded plans-highlights the role of …


Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim Jan 2019

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …


Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim Jan 2019

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …


Private Ordering And Improving Information Flow To The Board Of Directors: The Duty To Inform Bylaw, Jennifer O'Hare Jan 2019

Private Ordering And Improving Information Flow To The Board Of Directors: The Duty To Inform Bylaw, Jennifer O'Hare

Faculty Publications

It seems that almost every day there is another report of a corporate scandal at a public company. Whether the scandal involves sexual harassment by senior management or widespread illegal conduct by employees, the first question asked by investors and the media is usually, “Where was the board?” And the board’s response is almost always, “We didn’t know.” Directors of public companies rely on officers to provide the information the board needs to manage the corporation, but, strangely enough, officers may not even be legally required to provide information to the board. The Delaware General Corporation Law is silent on …


Still “Snowing” In The Sunshine State: An Analysis Of And Potential Solutions To The Lack Of Protection From Employer Retaliation For Florida Lawyers Who Adhere To The State’S Mandatory Reporting Of Professional Misconduct Rule, Jason A. Anon Jan 2019

Still “Snowing” In The Sunshine State: An Analysis Of And Potential Solutions To The Lack Of Protection From Employer Retaliation For Florida Lawyers Who Adhere To The State’S Mandatory Reporting Of Professional Misconduct Rule, Jason A. Anon

FIU Law Review

No abstract provided.