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Articles 31 - 60 of 260
Full-Text Articles in Labor and Employment Law
Work Injury Insurance In The Palestinian Labor Law, Ahmad Abu Zeineh
Work Injury Insurance In The Palestinian Labor Law, Ahmad Abu Zeineh
Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث
The focal point of this research paper is work injury insurance in accordance with the Palestinian Labor Law no. 7 of 2000. In fact, this law guarantees the rights of the injured employees to claim monetary compensations. The said law obligates the employers to seek insurance contracts for their employees in one of the insurance companies working in Palestine. Accordingly, this provision decrees an important guarantee for the injured employee during the period of work. Further, the said law has imposed penalties on the employer who fails to fulfill this requirement without giving much detail on the consequences of this …
Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi
Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi
University of Colorado Law Review Forum
This short essay explores one dimension of disability law’s COVID-related “frailty”: how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay’s authors—a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States—have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients …
What We Owe Workers As A Matter Of Common Humanity: Sickness And Caregiving Leaves And Pay In The Age Of Pandemics, Eric Tucker, Leah F. Vosko, Sarah Marsden
What We Owe Workers As A Matter Of Common Humanity: Sickness And Caregiving Leaves And Pay In The Age Of Pandemics, Eric Tucker, Leah F. Vosko, Sarah Marsden
Articles & Book Chapters
No abstract provided.
Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James
Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James
SAIPAR Case Review
No abstract provided.
Countenancing Employment Discrimination: Facial Recognition In Background Checks, Kerri A. Thompson
Countenancing Employment Discrimination: Facial Recognition In Background Checks, Kerri A. Thompson
Texas A&M Law Review
Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known …
2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald
2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald
Publications and Research
The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …
Employment Law, D. Paul Holdsworth
Employment Law, D. Paul Holdsworth
University of Richmond Law Review
Against the backdrop of a year that saw the COVID-19 pandemic alter the American workplace in an unprecedented way, the employment law landscape in Virginia also underwent a recent sea change. Historically considered an employer-friendly state, the General Assembly shifted away from tradition by enacting several significant pieces of employee-friendly legislation, which will surely have a long-lasting impact on Virginia employees, businesses, and Virginia’s economy at large. This Article highlights these critical developments in Virginia employment law. It does not provide an in-depth analysis of every development but highlights the most significant changes affecting employers and employees in the Commonwealth. …
2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald
2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald
Publications and Research
The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …
The Behavioral Effects Of (Unenforceable) Contracts, Evan Starr, Jj Prescott, Norman Bishara
The Behavioral Effects Of (Unenforceable) Contracts, Evan Starr, Jj Prescott, Norman Bishara
Articles
Do contracts influence behavior independent of the law governing their enforceability? We explore this question in the context of employment noncompetes using nationally representative data for 11,500 labor force participants. We show that noncompetes are associated with reductions in employee mobility and changes in the direction of that mobility (i.e., toward noncompetitors) in both states that do and do not enforce noncompetes. Decomposing mobility into job offer generation and acceptance, we detect no evidence of differences in job search, recruitment, or offer activity associated with noncompetes. Rather, we find that employees with noncompetes—even in states that do not enforce them—frequently …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Lochner Lives On, Samuel Bagenstos
Lochner Lives On, Samuel Bagenstos
Other Publications
Samuel Bagenstos, University of Michigan In the early 20th century (the “Lochner era”), courts invalidated numerous labor and employment laws for violating a supposed constitutional “freedom of contract.” The Lochner-era decisions rested on a key premise—that workers and employers were equally free to enter into bargains, or not enter into bargains, with each other. Most lawyers think that the courts killed off Lochner during the New Deal. But Lochner’s principles have persisted—not in constitutional law, but in the law of labor and employment. Key foundational doctrines of labor and employment law continue to rest on the premise of equal bargaining …
The Invisible Web At Work: Artificial Intelligence And Electronic Surveillance In The Workplace, Richard A. Bales, Katherine Vw Stone
The Invisible Web At Work: Artificial Intelligence And Electronic Surveillance In The Workplace, Richard A. Bales, Katherine Vw Stone
AI-DR Collection
Employers and others who hire or engage workers to perform services use a dizzying array of electronic mechanisms to make personnel decisions about hiring, worker evaluation, compensation, discipline, and retention. These electronic mechanisms include electronic trackers, surveillance cameras, metabolism monitors, wearable biological measuring devices, and implantable technology. These tools enable employers to record their workers’ every movement, listen in on their conversations, measure minute aspects of performance, and detect oppositional organizing activities. The data collected is transformed by means of artificial intelligence (A-I) algorithms into a permanent electronic resume that can identify and predict an individual’s performance as well as …
License To Offend: How The Nlra Shields Perpetrators Of Discrimination In The Workplace, Molly Gibbons
License To Offend: How The Nlra Shields Perpetrators Of Discrimination In The Workplace, Molly Gibbons
Washington Law Review
Congress established the National Labor Relations Board (NLRB or the Board) to enforce the National Labor Relations Act (NLRA or the Act) and ensure fair labor practices in workplaces across the United States. The NLRA protects employees from discipline while engaging in union activity. Under the NLRA, employers and unions must collectively bargain in good faith. Either party may only walk away from the table when another party’s conduct makes good faith bargaining impossible. However, the NLRB’s determination of what conduct constitutes bad faith bargaining and protected union speech is inconsistent with federal anti- discrimination laws. This discrepancy means employers …
The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza
The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry
Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry
Georgetown Law Faculty Publications and Other Works
In recent years, the Department of Defense (DoD) has responded to the growing awareness of mental health issues for military servicemembers during and after service. This Article focuses on veterans who have already been discharged from service, and specifically those who have been discharged under other-than-honorable conditions for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD), traumatic brain injury, sexual assault, or sexual harassment. Thousands of former servicemembers have been kicked out of the military for misconduct rather than treated for mental health conditions they experienced due to their military service. When …
Running Up Against The Civil Rights Act: Does Joe Biden's Promise Of A Female Running Mate Violate Title Vii?, Michael Conklin
Running Up Against The Civil Rights Act: Does Joe Biden's Promise Of A Female Running Mate Violate Title Vii?, Michael Conklin
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Main Trends Of Development Of Labor Law, Shukhrat Ismoilov
Main Trends Of Development Of Labor Law, Shukhrat Ismoilov
Review of law sciences
This article systematically analyzes some characteristic urgent problems of labor law. On this basis, the main trends in the development of labor law in the Republic of Uzbekistan are identified. Instead, recommendations and suggestions for improving labor law and law enforcement practice have been developed.
Types Of Working Time In Labor Legislation: Theoretical And Practical Analysis, Dilfuza Abdullaeva
Types Of Working Time In Labor Legislation: Theoretical And Practical Analysis, Dilfuza Abdullaeva
Review of law sciences
The article attempts to formulate new approaches to determining the nature and legal nature of working time. Based on the norms of the Constitution of the Republic of Uzbekistan, Chapter VII of the Labor Code of the Republic of Uzbekistan and foreign experience, the concepts, contents and types of working time are investigated. Suggestions are being made to improve the legal regulation of working time.
Issues Of Improving Labor Legislation In The Digital Economy, Makhmud Makhamatov
Issues Of Improving Labor Legislation In The Digital Economy, Makhmud Makhamatov
Review of law sciences
This article explores the issues of remote labor, which is now increasingly being implemented on a global scale, its legal nature, as opposed to home work (work from home). Also, taking into account some aspects of the existing experience in foreign countries and international organizations, recommendations were made on the legal regulation of remote work in the national legislation of the Republic of Uzbekistan.
Alt Labor? Why We Still Need Traditional Labor, Martin Malin
Alt Labor? Why We Still Need Traditional Labor, Martin Malin
All Faculty Scholarship
With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …
Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan
Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan
Chicago-Kent Law Review
No abstract provided.
Sustainable Alt-Labor, Catherine L. Fisk
Sustainable Alt-Labor, Catherine L. Fisk
Chicago-Kent Law Review
No abstract provided.
Interagency Merger Review In Labor Markets, Hiba Hafiz
Interagency Merger Review In Labor Markets, Hiba Hafiz
Chicago-Kent Law Review
No abstract provided.
Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan
Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan
Chicago-Kent Law Review
No abstract provided.
Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin
Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin
Chicago-Kent Law Review
No abstract provided.
Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman
Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman
Chicago-Kent Law Review
No abstract provided.
On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius
On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius
Chicago-Kent Law Review
No abstract provided.
Short Strikes, Michael M. Oswalt
Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan
Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan
Chicago-Kent Law Review
No abstract provided.
The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda
The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda
Chicago-Kent Law Review
No abstract provided.