Labor and Employment Law Commons^™

Personnel Des Établissements Publics Industriels Et Commerciaux, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Statut Des Agents Des Offices Autonomes, Ramzi Joreige

Proche-Orient, Études juridiques

No abstract provided.

La Politique De L’Emploi : Réflexions En Marge De La Création De L’Office National De L’Emploi, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

À Propos De L’Aménagement Du Décret N° 34 Sur La Profession De Représentant Commercial, Maher Mahmassani

Proche-Orient, Études juridiques

No abstract provided.

Nov. 2026 Staff Matters - What Documents Should Every Dental Practice Collect And Maintain For Its Employees?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This human resources column addresses onboarding compliance for dental practices. Author Jodi Schafer outlines essential employment documentation that practices must collect and maintain for new hires beyond Form I-9, including tax forms, payroll records, licensure verification, emergency contacts, and signed handbook acknowledgments, ensuring legal compliance and organized practice administration.

Preserving Pickering, Deepa Das Acevedo

University of Miami Law Review

In the aftermath of Charlie Kirk’s assassination, the terminations of employees across dozens of industries and geopolitical environments shocked Americans into wondering whether they had workplace speech rights at all. Indeed, the promise of workplace speech freedom has been narrowing for decades—even for public employees, who enjoy more protections than private employees thanks to the Supreme Court’s landmark 1968 decision Pickering v. Board of Education.

Pickering held that the First Amendment prevents a public employer from summarily dismissing employees based on private speech regarding matters of public concern. Although Pickering’s protections have been narrowed and although they formally …

Moving Beyond Worker Rights To Worker Justice, Shefali Milczarek-Desai

Texas A&M Law Review

Precarious workers’ on-the-ground realities offer a startling truth often obscured by the jurisprudence of work—that worker justice is greatly circumscribed by and often lies beyond the reach of worker rights laws. This Article is the first to evaluate whether the worker rights paradigm can fulfill the goals of worker justice and, if not, to prefigure what might.

The worker rights paradigm emerged from a quest for worker justice that has been transmuted by work law and the political economy into a workers-as-rights-holders status requiring robust enforcement of worker rights laws. This Article introduces the concept of empirical critical work law …

La Protection De L’Enfant En Droit Social Libanais, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

Opinion: Proposed Section 107 Of The Canada Labour Code, Valerio De Stefano

Conference Papers

This opinion assesses the proposed amendment to section 107 against the standards developed by the ILO supervisory bodies and the UN Committee on Economic, Social and Cultural Rights (CESCR) under Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The proposed amendment appears incompatible with the limits developed by the ILO supervisory bodies on governmental termination of lawful strikes and compulsory arbitration and is difficult to reconcile with CESCR practice under Article 8. International standards permit restrictions on strike action in defined exceptional circumstances, but proposed section 107 would authorise the termination of an otherwise lawful …

تأثير سيادة الأمّة على واجبات الموظفين, جورج شقير

Proche-Orient, Études juridiques

No abstract provided.

Les Allocations Familiales Au Liban : 45 Ans Après Leur Institution, Leila Azouri Jamhoury

Proche-Orient, Études juridiques

No abstract provided.

Taking Out The Traitors, David Nows

William & Mary Law Review

Employees join startup ventures to participate in the financial upside of a future acquisition of the company through the equity ownership stake they are granted upon hire. However, startups and their founders are beginning to break the age-old deal they have made with rank-and-file employees that ensures the value of employee equity remains high in an acquisition. Founders have broken this deal by allowing acquirers to hire the startup’s star talent and purchase rights to the company’s core technology for the bulk of the would-be purchase price of the company (the Traitor Transactions). These Traitor Transactions leave behind rank-and-file employees, …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Source & Solidarity, Sari Mazzurco

Michigan Law Review

Trademark law has become the new frontier of unionbusting. Companies like Trader Joe’s, Starbucks, and Medieval Times have brought unprecedented suits against their employee unions for trademark infringement in relation to their organizing activities. This sort of litigation puts courts in the difficult position of reconciling trademark protection with unionization rights. Their attempts to apply standard trademark doctrines in this context reveal a deeper problem: Current trademark law is incoherent when applied to labor unions.

This incoherence stems from a disconnect between current trademark law and the original purpose behind its application to labor unions. This Article recovers that basis …

Affirming The Constitutionality Of Title Vii Disparate Impact Doctrine: A Response To Olc, Pauline T. Kim, Olatunde C.A. Johnson

Faculty Scholarship

This essay responds to the Department of Justice’s Office of Legal Counsel (OLC) June 2026 legal opinion arguing that disparate impact doctrine, a well-established part of Title VII jurisprudence for decades, is unconstitutional as currently interpreted. Disparate impact has been an important doctrine in ensuring that employers do not engage in employment practices that arbitrarily and unjustifiably exclude members of certain groups, and this essay makes clear its continuing validity. As we explain, OLC’s Opinion is based on an incorrect characterization of how the disparate impact standard of proof functions, misconstrues the text and purpose of the statute, and manufactures …

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …

From Welfare To Labour Rights: Shifting Terrains Of Collective Action Among India’S Platform Workers, Gayatri Nair, Eesha Kunduri

National Law School Journal

Digital labour platforms worldwide have deepened the shift towards temporary, piecemeal, casual, and non-standard work arrangements. With significant implications for wages, employment relationships, and social security, the rise of platform work has (re)shaped the experiences of work in urban India in profound ways. Our ethnographic engagements in Delhi and Hyderabad are the basis to highlight three labour issues: of wages, safety, and discrimination, which shape the everyday experience of platform workers and which have consequently been raised by unions and through workers’ collective action. These issues, we argue, demonstrate the need for legislative interventions that regulate labour conditions in platform …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Economic Costs And Rhetoric Of Resisting Diversity, Bill Petkanas

Proceedings of the New York State Communication Association

This paper examines the history of group exclusion in various occupations and the rhetoric used to support programs in diversity, equity, and inclusion. Examples include the Manhattan Project, the Discovery of the structure of DNA, and sports. Rhetorical possibilities are suggested based on the economic advantages of DEI.

Inequality, Collective Power, And Democratic Renewal, Kate Andrias

Faculty Scholarship

With each passing week since this essay series commenced, American democracy has come under greater threat. Leading political scientists have concluded that the U.S. is now better described as a competitive autocracy rather than a democracy. President Trump’s recent attacks on core institutions and violations of the rule of law — from the use of violent force by ICE to the investigation of the Federal Reserve Chair and the threats involving Greenland — were unimaginable even a few months ago.

Defending The Quasi-Employee Doctrine In Singapore In The Aftermath Of Bird V Dp, Yu Han Lam, Suan Yeong Amelita Sim

Research Collection Yong Pung How School Of Law

The rule that an organisation may be held vicariously liable for a tort committed by a tortfeasor who is not its traditional employee, but whose relationship is nonetheless "akin to employment" (commonly known as the "quasi-employee doctrine"), has been accepted only in obiter dicta in Singapore. In Bird v DP, the High Court of Australia rejected the quasi-employee doctrine. Bird may therefore provide impetus for the Singapore courts to do the same. This article argues, however, that the quasi-employee doctrine should be retained for four reasons. First, it enables unincorporated associations to be appropriately held vicariously liable. Second, the Singaporecourts …

Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff

Northwestern University Law Review

Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous poultry plants, at hazardous construction sites, and during late shifts on school nights. Perversely, calls to rollback federal protections are camouflaged in the rhetoric of parents’ rights, casting child labor regulation as intrusive, paternalistic, and even socialist—echoing the same corporate arguments used a century ago when the Child Labor Amendment to the U.S. Constitution went down in defeat. These arguments mask the desperate economic circumstances of a parent claiming …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.

Competition For All? The Ftc’S Ban On Non-Competes And The More Effective Route In Promoting Competition, Aniqah Nashiat

St. John's Law Review

(Excerpt)

Employment contracts have historically included non-compete agreements, which are restrictive covenants forbidding employees from working “for competitors of their former employer for a certain period of time and over a defined geographic area.” American jurisprudence has always left enforcement of these non-competes to states. In the federal government, Congress has never successfully passed legislation on the per se illegality of non-competes. Instead, President Joe Biden signed an executive order in 2021 aimed at promoting the interests of American workers because companies requiring them to sign non-competes restricted their ability to change jobs. Biden explained that strengthening antitrust laws would …