Labor and Employment Law Commons^™

The Fabric Of Labor: A Study Of Labor History Through The Upstate New York Textile Industry, 1950 – 1968, Anthony Parillo

History Honors Program

This paper explores three textile mills in upstate New York in the post-WWII years, and specifically the relationships between mill hands, management, and the national Textile Workers Union of America (TWUA). While historians have studied textile mills and labor relations in the twentieth-century South, they have paid little attention to their northern counterparts during that era. This paper, conversely, writes northern mill workers into the larger scholarly conversation about twentieth-century union decline. It shows that union campaigns often failed due largely to the cunning, if not deceptive, maneuvers of management. Drawing on union records, contemporary local newspapers, and census data, …

Reexamining Joint Employment Wage And Hour Claims Following Dynamex And Ab 5, Alexander Moore

Loyola of Los Angeles Law Review

No abstract provided.

Too Many Remedies Or Not Enough: Balancing Wage Theft And Other Public Policy Concerns In Voris V. Lampert, Tina Kuang

Loyola of Los Angeles Law Review

No abstract provided.

Protecting Pregnancy, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently exist-pregnancy accommodation laws, pregnancy transfer laws, paid family leave laws, and state disability insurance programs but very little is known about how each type of legislation performs relative to the others. This Essay provides empirical insight into this question, which is important for setting legislative priorities. …

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.

Can A Person's "Slate" Ever Really Be "Cleaned"? The Modern-Day Implications Of Pennsylvania's Clean Slate Act, Kimberly E. Capuder

St. John's Law Review

(Exceprt)

In 2006, Khalia was arrested for a “low-level counterfeiting charge.” While Khalia was innocent and never convicted for the charged offense, she still had a criminal record. Because she was concerned that future employers would “view her as a thief,” she never applied to any of her dream jobs. But once Khalia’s arrest record was automatically sealed, she finally had enough confidence to send in a job application to a prestigious consulting firm, and was offered the position. Khalia believes that her newly sealed criminal record “means a future without judgment.” And this future without judgment was made possible …

"Work And Caregiving During Covid-19" And "Pregnant Employees And New Parents", Deborah A. Widiss

Books & Book Chapters by Maurer Faculty

Professor Widiss contributed chapter 6 "Work and Caregiving During COVID-19" and chapter 8 "Pregnant Employees and New Parents" in this Open Access book edited by Jeffrey Hirsh and Sachin Pandya.

The two Widiss chapters, combined into one .pdf file, can be downloaded above, or the entire book can be viewed HERE.

Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees

Cleveland State Law Review

Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …

Application Of The Audit Privilege To Occupational Safety And Health Audits: Lessons Learned From Environmental Audits, Margaret S. Lopez

Journal of Natural Resources & Environmental Law

No abstract provided.

Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes

Catholic University Law Review

The current National Labor Relations Board ("Board') since 2018 has indicated an interest in changing the law on employee representation by unions in the construction industry, culminating in a final rule issued on April 1, 2020. As the article discusses, this proposal is likely to have effects in many industries other than construction, because many other industries in the U.S. are becoming more like the construction industry has long been. The Board’s rule has changed what's required for a construction union to remain the representative of a construction employer's employees, which the Board justified as serving "employee choice" about union …

Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky

Catholic University Law Review

A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of “employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The same political forces and policy considerations which molded A.B.5 in California will have similar effects in other states and in the …

Paid To Play: College Athletes Face Off With The Ncaa In The High Court, Heyman Center On Corporate Governance, Cardozo Antitrust Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society, Cardozo Sports Law Society, Hiba Hafiz, Glen Nager, Josh Mendelsohn, Daniel Lust

2020–2021 Flyers

No abstract provided.

Vol. 38, No. 2, Cass T. Casper

The Illinois Public Employee Relations Report

Emergent Issues in the Law of Employee Terminations

By Cass T. Casper

Recent Developments

Be Reasonable: The Applicability Of Chevron To Agency Interpretations Of Split-Authority Statutes, Jessica L. Asbridge

Marquette Law Review

The well-known Chevron doctrine is under siege as courts continue to carve out exceptions to its scope and some scholars and judges question whether it should be overruled entirely. One ongoing battle concerns whether the doctrine, which requires courts to defer to reasonable agency interpretations of ambiguous statutes, applies to certain “split-authority” statutes administered by multiple agencies, such as the Sarbanes-Oxley Act’s whistleblower provisions (SOX) and similar employment statutes. Both the Department of Labor (DOL) and the Securities and Exchange Commission (SEC) administer SOX’s whistleblower provisions, with the DOL having formal adjudicative authority and the SEC having rulemaking authority, leading …

Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith

Brigham Young University Prelaw Review

Thanks to the recent opinion of Bostock v. Clayton County by the United States Supreme Court regarding the protection of LGBTQ employees in the workplace, discussion has turned to how this protection relates to religious employers. Religious organizations such as churches and mosques are afforded protections thanks to an exemption found in Title VII of the 1964 Civil Rights Act. The role and scope of these protections in regards to private, religious (but not religion-owned) businesses has been debated as recently as 2014 in the Supreme Court. In this paper I address this issue and determine that, underneath current ruling …

The Ragged Edge Of Rugged Individualism: Wage Theft And The Personalization Of Social Harm, Matthew Fritz-Mauer

University of Michigan Journal of Law Reform

Every year, millions of low-wage workers suffer wage theft when their employers refuse to pay them what they have earned. Wage theft is both prevalent and highly impactful. It costs individuals thousands each year in unpaid earnings, siphons tens of billions of dollars from low-income communities, depletes the government of necessary resources, distorts the competitive labor market, and causes significant personal harm to its victims. In recent years, states and cities have passed new laws to attack the problem. These legal changes are important. They are also, broadly speaking, failing the people they are supposed to protect.

This Article fills …

Intolerable Asymmetry And Uncertainty: Congress Should Right The Wrongs Of The Civil Rights Act Of 1991, William R. Corbett

Journal Articles

No abstract provided.

Understanding Post-Employment Obligations Of Confidence And Confidentiality In Compilations Of Data, Cheng Lim Saw, Zheng Wen Samuel Chan

Research Collection Yong Pung How School Of Law

This article closely examinesn two specific areas in the law of confidence. The first concerns erstwhile employer-employee relationships and the various obligations of confidentiality that may bind an employee-including individuals who find themselves in positions analogous to employees-after the contract of employment has come to an end.

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Michigan Law Review

A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.

Who Killed The Mockingbird?-An Analysis Of Community Theatres' Legal Standing Amid Copyright Disputes Over To Kill A Mockingbird And How To Protect Community Theatres, Yifan Li

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Rural Social Safety Nets For Migrant Farmworkers In Michigan, 1942–1971, Emily A. Prifogle

Articles

In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers’ private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid workers to enter camps where migrants lived. Yet there was a world before Shack, a world in which farmers welcomed onto their land rural religious groups, staffed largely by women from the local community, who provided services to migrant workers. From the 1940s through the 1960s, federal, …

All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Vicarious Liability For Mine Safety And Health Violations, William K. Doran

Journal of Natural Resources & Environmental Law

No abstract provided.

The Auditing Imperative For Automated Hiring, Ifeoma Ajunwa

AI-DR Collection

The high bar of proof to demonstrate either a disparate treatment or disparate impact cause of action under Title VII of the Civil Rights Act, coupled with the “black box” nature of many automated hiring systems, renders the detection and redress of bias in such algorithmic systems difficult. This Article, with contributions at the intersection of administrative law, employment & labor law, and law & technology, makes the central claim that the automation of hiring both facilitates and obfuscates employment discrimination. That phenomenon and the deployment of intellectual property law as a shield against the scrutiny of automated systems combine …

Protecting The Privacy Of The Worker In Light Of The Development Of Modern Means Of Communication: A Comparative Study Of The Uae And French Laws, Pierre Mallet

UAEU Law Journal

The concept of privacy has evolved a lot due to the tremendous scientific development that humanity has achieved in recent decades. The massive use of computers and the Internet in all areas has given rise to new aspects of privacy. This concept now concerns calls, personal photos, recordings, the use of social networks and personal conversations. Through this research, we want to inform the reader about the rules governing the protection of the privacy of an employee in the field of computer science in the light of the legal texts applied in UAE laws, or at least clarify the positions …

National Institute Of Occupational Safety And Health: Limits Of Authority In Rulemaking Under The Federal Mine Safety And Health Act Of 1977, Michael T. Heenan, C. Gregory Ruffenach

Journal of Natural Resources & Environmental Law

No abstract provided.

Establishing Union Liability For Unauthorized Strikes, Glenn C. Van Bever

Journal of Natural Resources & Environmental Law

No abstract provided.

Reflection On The Philosophy Behind The Exemption To Notice Of Employment Termination A Study In The Light Of The Jordanian Labour Law 1996, Firas Kasassbeh

UAEU Law Journal

Under the Jordanian Labour Act 1996, it is not permissible for the employer to terminate the employee’s contract without giving the labourer/ employee at least one month notice before the date of termination. This is because sudden dismissal may cause hardship on the employee such as finding him/herself unemployed. However, there are cases where the employer is exempted from giving such notice due to either the nature of the contract (such as in the case of definite period contracts and the case of employment under probation), or the nature of termination (such as in the cases where the termination is …

The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins

Journal of Natural Resources & Environmental Law

No abstract provided.