Labor and Employment Law Commons^™

Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Partnerships In Employment Brief: Engaging Families Of Youth With Intellectual Disabilities In Systems Change Efforts, Sean Roy

All Institute for Community Inclusion Publications

This brief will highlight the reasons why parents and families are essential partners in any systems change effort. It will describe the importance of the family’s perspective, and how their experiences should be used to shape policy recommendations. It will offer strategies on how to engage parents and families in systems change efforts, and how to promote family involvement to state-level partners.

Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter

Hofstra Labor & Employment Law Journal

When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …

Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries

Law Faculty Scholarly Articles

In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Kant V. Lexington Theological Seminary, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979, Claire Isabel Mummé

PhD Dissertations

“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977). This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and …

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski

Scholarly Articles in Law Reviews & Journals

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …

Data Note: State Trends In The Vocational Rehabilitation Engagement Of Young Adults With Intellectual Disabilities: 2002-2011, Alberto Migliore, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

Experiencing paid employment during and immediately after high school is a critical step on the path toward economic self-sufficiency in adulthood. Young adults with disabilities interested in gaining employment experiences may seek support from vocational rehabilitation (VR) programs. In this Data Note, we examine the extent to which young adults with intellectual disabilities engage with their state VR programs.

One way for assessing young adult engagement is to look at the number of them who exit the program, which implies that they either applied or were referred to the program. Specifically, we examined the average number of young adults 16 …

Weathering Wal-Mart, Joseph Seiner

Faculty Publications

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Publications

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.

While the situation that gave rise to the battered women's movement in the 1970s is often presumed …

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Hofstra Labor & Employment Law Journal

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.

Participation As A Theory Of Employment, Matthew T. Bodie

All Faculty Scholarship

The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Pepperdine Law Review

No abstract provided.

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.

Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler

Pepperdine Law Review

No abstract provided.

Compulsory Employment Arbitration And The Eeoc, Richard A. Bales

Pepperdine Law Review

No abstract provided.

Preserving Human Capital: Using The Noncompete Agreement To Achieve Competitive Advantage, Griffin Toronjo Pivateau

The Journal of Business, Entrepreneurship & the Law

Organizations today face numerous challenges: worldwide competitors, changes in information technology, increased reliance on knowledge workers, and a shifting economic environment. Faced with the difficulty of securing advantage by traditional means, management has increasingly focused on employees as a key asset and driver of productivity. Many organizations have adopted the human capital theory, which holds that employees form an asset of the organization. Organizations will seek to maximize their human capital as a differentiator. Presumably, an organization that invests in its human capital will find itself rewarded with increased productivity and higher returns. But here is where the problem develops. …

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.

Goren V. Home Center (Do It Yourself) Ltd., Dorit Beinisch, Neal Hendel, Isaac Amit

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Can a showing of a wage gap between a female employee and a male employee for equal work or work of equal value at the same workplace can “automatically” substantiate a cause of action under the Equal Pay for Female and Male Employees Act 1996 (hereinafter: the Equal Pay Act) as well as under the Equal Opportunities in Employment Act 1988 (hereinafter: the Equal …

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee

Pepperdine Law Review

No abstract provided.

Employees Losing Power, Losing Jobs: Making The Case For Mediating Power In The Era Of Buy-Ins And Bailouts, Lovalerie Mullins

Pepperdine Dispute Resolution Law Journal

This article proposes that dispute in the workplace is the best illustration of the loss of equanimity boundaryless employees experience in their work environment, and further, that dispute systems design necessitates a power neutralizing approach for mediating struggles caused by power disparity present in today's private employment relationships. To that end, my goal is to provide an employee-centered perspective of self-regulated employment policy in America, and to demonstrate the degree of conflict (and eventual disputation) such policy creates for boundaryless workforces. Ultimately, I make the case for an evolved dispute resolution process more able to manage power disparity in modem …

Creating A Workable Legal Standard For Defining An Independent Contractor, Karen R. Harned, Georgine M. Kryda, Elizabeth A. Milito

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun

Northwestern Journal of Law & Social Policy

This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …