Labor and Employment Law Commons^™

Nashville Gas Company V. Satty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.

Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky

Fordham Urban Law Journal

The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …

American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington

Vanderbilt Journal of Transnational Law

Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Law Faculty Articles and Essays

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.

Economic, Medical And Legal Aspects Of The Age Discrimination Laws In Employment, Irving Kovarsky, Dr. Joel Kovarsky

Vanderbilt Law Review

There is speculation that many colleges and universities will be hard hit in the near future by the EEOC because of sex discrimination. It can also be anticipated that the institutions of higher learning will soon be faced with many charges of age discrimination . Because of the limited funds available and the attitudes of some administrators, older employees who find it difficult to move to other jobs are given only small wage increases. This failure to match the cost of living of older employees while younger and more mobile members fare better proportionately may well be a sign of …

Employment Problems And The Law: A Concrete Proposal For Change, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Note, Equal Pay Act - Economic Benefit To Employer Is Justification For Wage Differential Between Male And Female Employees, Judith J. Johnson

Journal Articles

In Robert Hall the court refused to follow the lead of the cases immediately preceding it which delved into the justifications for wage differentials to discover evidence of discrimination. If the Equal Pay Act is to be effective, the courts must discover the motive for paying women less, not just accept the employer's excuse at face value. Robert Hall may represent a step backward for the Equal Pay Act and the ramifications of the decision should be carefully studied before it is allowed to stand. This decision could be broadly construed to enable an employer to undermine the Act by …

Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith

Cleveland State Law Review

The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …

Occupational Safety And Health Act Of 1970, Lee Hornberger

Cleveland State Law Review

More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …

Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson

Cleveland State Law Review

The primary objectives behind the enactment of unemployment insurance programs have been enunciated as follows: Unemployment insurance is a program established under Federal and State law for income maintenance during periods of involuntary unemployment due to lack of work, which provides partial compensation for wage loss as a matter of right, with dignity and dispatch, to eligible individuals. It helps to maintain purchasing power and to stabilize the economy. It helps to prevent the dispersal of the employers' trained work force, the sacrifice of skills, and the breakdown of labor standards during temporary unemployment. However, there are certain requirements a …

The Private Lives Of Public Employees, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

Collective Bargaining Without Work Stoppage?, Alvin L. Goldman

Law Faculty Scholarly Articles

Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

Contract Interference By Previous Employer, Robert I. Bendis

Cleveland State Law Review

Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …

Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington

Vanderbilt Law Review

This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.

Workmen's Compensation -- 1961 Tennessee Survey (Ii), J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Since the workmen's compensation statute was designed to provide benefits for an employee's work-connected injury or death, it necessarily follows that there must have been an employment relationship within the coverage of the statute and that the person or persons claiming the benefits must be within the class entitled to do so. The application of this basic premise, which on its face appears simple enough, was involved in three cases before the Tennessee Supreme Court during the survey period.

Bowling v. Whitley was a workmen's compensation suit brought by an employee against his immediate employer, a subcontractor, as well as …

Film Review. The Constitution And Employment Standards, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

During the Industrial Revolution, the growth of enormous industrial establishments with a correspondingly large number of workers hired to perform increasingly simple tasks manifested the inability of an individual effectively to bargain with an employer concerning wages, hours, and other terms and conditions of the employment relationship. The resulting discontent among workers produced long and bitter, often bloody, outbreaks of economic warfare between employers and employees. In the abstract, freedom of contract was possible still, but as a practical matter employment benefits and obligations were largely established by managerial fiat. It was felt that if employees could effectively unite for …

Public Employees And The Hatch Act, James W. Irwin

Vanderbilt Law Review

A recent issue of Vanderbilt Law Review featured an article by Dalmas H. Nelson, Instructor in Political Science, University of Nebraska, entitled "Public Employees and the Right to Engage in Political Activity,"' a broadside blast at the Hatch Political Activities Act, section 92 and section 12.3 It is strikingly well written, and reflects exhaustive research as evidenced by voluminous bibliography and quotations. Noteworthy is the citation of many authorities whose views differ from the author's. Notwithstanding admiration for those virtues, it is admitted that the views of the author of the article call to mind a sentiment expressed by the …

Some Problems Arising Under The Workmen's Compensation Law Of Tennessee, R. Wayne Estes, Doris A. Dudney

Vanderbilt Law Review

Although there are many problems arising under the Workmen's Compensation Laws of Tennessee, it appears that here, as elsewhere, the most difficult questions are those arising out of the interpretation of the phrases "injury by accident," "arising out of," and "in the course of," employment. The present study is therefore limited to a consideration of these three particular problems, and does not purport to be a comprehensive treatment of the entire topic of Workmen's Compensation Law in Tennessee.

Labor Law, Paul H. Sanders

Vanderbilt Law Review

The body of statutory wording, regulations and court and administrative decisions which clusters around such familiar federal landmarks as the Labor-Management Relations Act ("Taft-Hartley") and the Fair Labor Standards Act ("Wage and Hour") fall far short of constituting the entire subject matter of Labor Law. State statutes or the common law of the state may be much more in point in providing the legal framework for solving a particular problem of the employment relationship, whether viewed individually or collectively. The law which governs the various aspects of the "human factor in industry," or which prescribes the ground rules under which …

Injunctions--Covenants In Employment Contracts--Extent Of Restriction

West Virginia Law Review

No abstract provided.