Labor and Employment Law Commons^™

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal …

Realigning Federal Statutes: Contradictions Between The Federal Arbitration Act And The National Labor Relations Act, Denise Han

Brigham Young University Prelaw Review

Christopher Steele and Brendan Leveron were employees at a private

maintenance company named Pinnacle. Both Steele and Leveron

reported that Pinnacle allegedly forced them to work overtime without

just compensation—an allegation that, if proven valid, would

violate the Fair Labor Standards Act and California state law. They

also claimed that Pinnacle was guilty of unfair business practices,

retaliation and whistleblowing violations, and a failure to account.

Soon after Steele and Leveron filed these allegations, they discovered

that their predicament was not unique across the firm. In 2012,

they decided to represent their fellow employees in a class-action suit

which so …

Erasing Race, Llezlie L. Green

SMU Law Review Forum

Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader anti-subordination …

Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra

West Virginia Law Review

Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …

Legal Exportation: The Case Of European Labor Law And Third Countries, Lior Zemer, Neta Nadiv

Cardozo International & Comparative Law Review

The frequency of change in industry and human mobility has brought new legal issues before labor courts. These changes constantly create a need to rethink and renew national labor law principles. In this process countries search for and import labor law principles from foreign legal systems. This Article focuses on Israeli labor law as a test case. Israeli courts considering labor law matters often turn to foreign legal systems in a manner that arguably influences the courts' interpretation and development of local labor laws. In practice, labor courts in Israel, when faced with a lack of appropriate domestic legislation, model …

Revisiting A Classic Problem In Statutory Interpretation: Is A Minister A Laborer?, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet

Faculty Scholarship

The coronavirus pandemic upturned Americans’ lives. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses. For individuals, the CARES Act includes five provisions that were effectively designed to provide people money. Chief among those provisions are a direct payment in the form of a tax rebate and enhanced employment benefits.

Ultimately, this financial support will prove to be shockingly minimal. The direct payments represent a fraction of the average American households’ monthly budget. The unemployment benefits, while providing …

Mending Violence Against Workers In The Bangladesh Garment Industry: An Anti-Capitalist Perspective On Fabrications Of "Improving" Labor Conditions, Jenny Lam

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure of neoliberal reforms in addressing labor exploitation in Bangladesh's garment industry following the 2013 Rana Plaza Collapse. It critiques initiatives like the Accord and Alliance for their limited scope and lack of enforceability, highlighting how they fail to address systemic issues such as low wages and gender-based violence. The analysis also points to the ineffectiveness of corporate codes of conduct and legal frameworks, emphasizing the need for a more comprehensive, worker-centered approach. The author advocates for community unionism and stronger legal protections, arguing that systemic change is necessary to empower workers and end exploitation.

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …

Lumping, Fairness, And Single People, Michael C. Pollack

Articles

This essay explores the distributional impact that three forms of lumping have on single people without children: seat-assignment and seat-bargaining on public transportation, work-hour allocation, and single-family zoning. The first two involve lumps pursued by individuals outside of any legal regime; the last involves lumping by law. In all three, I submit, we tend to choose to devalue—or perhaps do not even perceive—the costs faced by the single person, and to assign relatively juiced-up value to the costs faced by those with families. The result in these arenas is that both society and law routinely externalize (hidden) costs onto single …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

The Trouble With Identity And Progressive Origins In Defending Labour Law, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Debate about labour regulation is not new. What is new is the urgency with which labour law reform is promoted as an important fix to economic woes. In recent years, calls for reform resound in poor and rich countries alike. The economic crisis in the United States and in Europe has intensified these debates, making labour regulation a prime target for reform. In several US states public sector unions have been under attack, depicted as a privileged class that drains public funds with high wages, cosy benefits, and retirement privileges that no other workers enjoy. Several European countries have introduced …

The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia

Legislation and Policy Brief

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Vol. 37, No. 1, Stephanie Brinson

The Illinois Public Employee Relations Report

Conflict Resolution for Chicago Police and Community: Healing a Constitutional Crisis at the "Thirteenth Floor" through Native American Reparative Justice

By Stephanie Brinson

Recent Developments

The Paper Chase: Should The Principles Of Contract Law Govern Erisa Section 302?, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.

The Goldilocks Approach: Finding The "Just Right" Legal Limit On Nondisclosure Agreements In Sexual Harassment Cases, Rachel S. Spooner

Hofstra Labor & Employment Law Journal

No abstract provided.

Investigative Reports: What Are They Worth Before A Labor Arbitrator?, Harvey M. Shrage, Curt L. Hamakawa

Hofstra Labor & Employment Law Journal

No abstract provided.

Abused In The Pursuit Of A Dream: How Usa Gymnastics Failed To Protect Its Gymnasts, Alexandra Raso

Hofstra Labor & Employment Law Journal

No abstract provided.

Elimination Of The Nba's "One And Done" Rule Will Open Doors For Potential Incoming Rookies, Armand Magardician

Hofstra Labor & Employment Law Journal

No abstract provided.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Dead Hand Vogue, Anthony Michael Kreis

University of Richmond Law Review

For decades, courts read employment antidiscrimination laws’ prohibition of sex discrimination to exclude gay, lesbian, bisexual, and transgender workers’ sexual orientation and gender identity discrimination claims—purportedly because the claims were not linked to employees’ status as a man or a woman. And while significant doctrinal developments have afforded some gender-nonconforming persons critical workplace safeguards under sex antidiscrimination laws, many older decisions that deemed sexual orientation and transgender discrimination claims to be outside the ambit of sex discrimination still control. These decades-old precedents all suffer from the same analytical error: a failure to adhere to the principle that antidiscrimination law does …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

University Inventions Reconsidered: Debunking The Myth Of University Ownership, Patricia E. Campbell

William & Mary Business Law Review

Most universities today assert ownership rights over all patentable inventions (and many other types of intellectual property) created by members of the university community, including faculty, staff, students, visitors, and others. Universities then attempt to license that intellectual property (IP) to third parties, in order to generate revenue for the university and to give the public the benefit of innovations developed by the institution, often with the use of federal funds. This Article provides an evaluation of the technology transfer policies and practices of U.S. universities. Part I surveys the IP policies of a representative group of universities, showing that …

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.

Supervisory Liability And Ashcroft V. Iqbal, Alexander A. Reinert

Cardozo Law Review

No abstract provided.

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Eitc For All: A Universal Basic Income Compromise Proposal, Benjamin M. Leff

Washington and Lee Journal of Civil Rights and Social Justice

Much has been written about a concept called universal basic income (UBI). With a UBI, the government gives every person a certain amount of money each year, or even each month. The UBI has broad appeal with thinkers on both the right and the left, but the appeal is partially because different thinkers have different visions of what the current state of affairs is with respect to government welfare policies and different theories about why these existing policies are inadequate or damaging. Reforming existing programs, rather than making a radical break with the past, could satisfy at least some of …

“No More No-Poach”: An Antitrust Plaintiff’S Guide, Amanda Triplett

Washington and Lee Journal of Civil Rights and Social Justice

It may seem that agreements between employers not to hire or solicit employees from each other would be illegal under the Sherman Act’s prohibition of conspiracies to fix prices or allocate markets. However, the complexity of this issue pushes the boundaries of antitrust law. But the core principals of antitrust law are tailored to reject them. In a market of employers, where firms are competitors, no-poach restraints have horizontal elements subject to a harsher standard of antitrust review. Firms that enter into these arrangements bypass legal methods to protect against the harms of employee loss, such as a non-compete agreement. …