Labor and Employment Law Commons^™

Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer

St. Mary's Law Journal

Abstract forthcoming.

Interns And Institutions: Interactions Between Unpaid Interns And Public Policy, Hannah G. Waterman

Honors Projects

Political, and especially Congressional, internships are all but mandatory to launch a career in politics. This text examines the demographics of how these internships are dispersed, how they are paid, who is paid, and how this manifests in full-time Congressional staff demographics. Data shows that both paid and unpaid Congressional internships belong disproportionately to white students. Top staff in the House of Representatives is similarly disproportionately white. The text also examines the inherent danger of working in Congress and the broader case for paid internships.

How To Pay Off Hard Work, Juliette Hernandez

University of Miami Business Law Review

No abstract provided.

Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson

Fordham Law Review Online

This Article analyzes U.S. ratification of International Labour Organization (ILO) Convention 169, Indigenous and Tribal Peoples Convention (“Convention 169” or “C. 169”), by evaluating the impact in terms of its ability to solidify its protections of the land and lifeways of Arctic Indigenous people and strengthen the United States’s position as an international leader in Arctic life, development, and policy. Part I presents the issues. Part II introduces the growth of a polar shipping industry in the context of a rapidly melting Arctic. Part III provides a brief gloss on the complex and shifting international legal framework governing Arctic sovereignty …

A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach

University of Cincinnati Law Review

No abstract provided.

Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell

University of Miami Race & Social Justice Law Review

For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as …

Negotiation And Alternative Dispute Lhr 546, Andrée J. Rathemacher

Library Impact Statements

No abstract provided.

Seminar In Labor And Employment Law Lhr 532, Andrée J. Rathemacher

Library Impact Statements

No abstract provided.

International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke

Georgia Journal of International & Comparative Law

No abstract provided.

Competition And Labour Law In Canada: The Contestable Margins Of Legal Toleration, Eric Tucker

Articles & Book Chapters

In Canada, as elsewhere, the norms of capitalist legality include an aversion to permitting collective action by sellers of commodities to increase their price. Labour law, however, is built on the norm of freedom of association and the right of commodified workers to combine for the purpose of improving the terms of their labour contracts. This gives rise to a recurring regulatory dilemma. In Canada, this conflict has been resolved by granting workers a legal immunity from liability under competition law for engaging in approved collective action to improve or defend their terms and conditions of work. However, the zone …

Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba

SAIPAR Case Review

The Court of Appeal of Zambia, in the case of Mubita Mwananuka v Armaguard Security CAZ Appeal No. 201/2021, delivered a Ruling on 3rd August 2022 to divest the High Court General List of jurisdiction over employment matters. I argue that this decision is in clear violation of the Constitution and demonstrates bewildering disregard of precedents by the Supreme Court and the Constitutional Court, which bind the Court of Appeal.

Mp Infrastructure Zambia Limited V. Matt Smith And Kenneth Barnes Caz Appeal No. 102/2020, Chanda Chungu

SAIPAR Case Review

No abstract provided.

Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins

World Languages, Literatures and Cultures Undergraduate Honors Theses

The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …

Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.

A Country Prospering On Abuse: Migrant Worker Exploitation And Labor Reform In Qatar, Emma Towe

Marketing Undergraduate Honors Theses

The countries of the Gulf Cooperation Council rely on migrant workers to drive their economies and perform hard labor while simultaneously abusing these workers through the kafala (sponsorship) system. Qatar is not an exception to this rule, even as labor reforms are being implemented. When Qatar was awarded the responsibility of hosting the 2022 FIFA World Cup, an international spotlight on labor abuses followed. Although Qatar has responded by enacting labor reforms, strong evidence shows continued abuse and lax enforcement of new polices. While the economy of Qatar thrives, overworked, underpaid migrant workers, who have little to no rights, continue …

Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin

Texas A&M Law Review

The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …

Staff Matters: Employees On Military Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses an employer's concern about an employee being deployed for military service and explores options for managing the situation. The response emphasizes the application of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). The article highlights that USERRA, applicable to all employers regardless of size, mandates unpaid leave for military service members and outlines re-employment rights. Practical suggestions for coping with the absence, including hiring temporary staff and having a clear policy in the employee handbook, are provided. The column also hints at future articles …

Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig

Shorter Faculty Works

Imagine, for one minute, that we live in an alternate universe where employer and school grooming policies that ban “unprofessional” or “faddish” hairstyles are routinely employed as a reason for firing, or refusing to hire, individuals with naturally straight hair. The normative standard for hair in this alternate universe is tightly coiled, curly hair—the kind of hair texture that actors like Denzel Washington or Issa Rae are born with, hair texture that is best suited for natural and protective hairstyles like locs, twists, braids, and Bantu knots.

Student-Athletes' Push For Compensation: Analyzing The Impact Of Alston V.National Collegiate Athletic Association (Alston Ii), 958 F.3d 1239 (9th Cir. 2020), Matthew Nowak

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

How The National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck

Brooklyn Law Review

The protection of employee labor rights to organize unions, collectively bargain with employers, and engage in protected concerted activity is the cornerstone of the National Labor Relations Act. And yet the National Labor Relations Board, which enforces it, often falls short. For decades, the NLRB has at times reinstated employees with backpay despite bigoted abusive conduct they engaged in during labor disputes with their employers. For example, the NLRB has reinstated with backpay employees on a picket line who have targeted marginalized coworkers with racial epithets because the employer hired the latter to end a strike. Historically, the NLRB sometimes …

The Paga Saga, Tamar Meshel

Pepperdine Law Review

Employees routinely enter into employment contracts that contain arbitration ‎agreements and prohibit ‎them from bringing class and/or representative actions. These employees may therefore only bring claims against their ‎employers, ‎whether contractual or statutory, in arbitration on an individual basis. Such arbitration agreements and the class/representative action waivers that they contain are enforced nationwide pursuant to the Federal Arbitration Act (FAA). In California, however, a judge-made rule (the Iskanian rule) prohibits the enforcement of representative action waivers found in arbitration agreements with respect to employees’ claims of Labor Code violations under California’s Private Attorney General Act (PAGA). A judicial battle is …

Beyond Citizens United: Democratizing The Economy In The Wake Of The Small-Dollar Revolution, Jay Hedges

Journal of Civil Rights and Economic Development

(Excerpt)

Citizens United increases the power of corporations over our political process. Under current corporate governance laws, permission for corporations to behave as political actors ignores the consent of a particularly important constituency of these business entities—labor. This neglect of workers reveals three democratic crises resulting from the corporate structure in the United States, which have only intensified following Citizens United. First, while the political speaking-power of corporations has been substantially increased, these entities lack legitimacy to speak on behalf of their labor constituency. Second, the use of corporate profits, generated by the corporation’s labor force, as the means …

A Title Vii Dead End? Machine Learning And Employee Monitoring, Kayla Burris

William & Mary Law Review Online

This Note will argue that Title VII, as courts currently apply the law, does not adequately protect employees from algorithmic discrimination when companies use machine learning to monitor their employees' computers. Part I will provide an introduction to how employee monitoring tools work, how employers are using machine learning in their monitoring programs, and how these programs can discriminate. Because scholars have already done significant work in this area, this Note will not try to replicate this research but will provide an overview of how this discrimination can occur. Parts II and III will then analyze how an employee might …

Charles Mushitu (Sued In His Capacity As Secretary-General Of Zambia Red Cross Society) V. Christabel M. Kaumba Scz Appeal No. 122/2015, Chanda Chungu

SAIPAR Case Review

An employee worked under a project that terminated and was then placed on unpaid leave for almost nine (9) months when she was appointed to another post in another town, Choma. The issue here was does the employee have any relief for being unpaid for the 9-month period?

The Supreme Court held that the employers conduct amounted to a fundamental breach of contract when the employee was placed on unpaid, forced, indefinite leave. Therefore, due to their failure to pay the employee whilst he was still an employee, the employer not only breached the duty to pay wages, which constitutes …

Kenny Sililo V. Mend-A-Bath Zambia Limited And Spencon Zambia Limited Scz Appeal No. 168/2014, Chanda Chungu

SAIPAR Case Review

The employer and employee had entered a written contract of employment. However, during the employment, a statutory instrument made pursuant to the Minimum Wages and Conditions of Employment Act came into effect. As a result of this statutory instrument, certain minimum wages were prescribed for protected employees, of which the employee in question was one. The employer thereafter offered him a reduced salary as his current salary was above that prescribed by the statutory instrument. The employee complained about the employer’s conduct and declined the offer, as he considered it to be a unilateral alteration of his conditions of service. …

Mumba Malila, An Advocate For The Vulnerable Worker: Tiger Chicks (T/A Progressive Poultry Limited) V. Tembo Chrisford And Others Scz Appeal No. 06/2020 And Kasembo Transport Limited V. Collins John Kinnear Scz Appeal No. 89/2010, Chanda Chungu

SAIPAR Case Review

Basic conditions of employment refer to minimum conditions of employment that an employer must provide for employees. The law in Zambia has set minimum standards and basic conditions of employment for workers in the Employment Code Act. In addition to the Employment Code Act, specific groups of vulnerable workers have Ministerial Orders in the form of statutory instruments that provide specific basic conditions of employment. These statutory instruments, namely the General Order, Shop Workers Order, Domestic Workers Order and Truck and Bus Drivers Orders provide for the minimum wage and basic conditions of employment for specified, vulnerable workers and together …

Vol. 39, No. 2, Nicki Bazer, Stephen A. Yokich

The Illinois Public Employee Relations Report

Bargaining in the Time of Covid: How Collective Bargaining Impacts Schools and Their Mitigation Strategies

By Nicki Bazer

Fighting for the Living

By Stephen A. Yokich

Recent Developments

By the Student Editorial Board: Bradley Kupiec, Carrie Kumiega, Damia Marshall, Sara Rash

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

What’S In A Form? Employment Background Checks Under The Fair Credit Reporting Act, Emily Scace

Connecticut Law Review

For employers, background checks, credit checks, and similar measures are a prudent step to guard against negligent hiring claims and other potential losses that can result from poor hiring decisions. But these practices necessarily require employees to relinquish some of their interests in privacy and may also introduce bias into the hiring process. The Fair Credit Reporting Act (FCRA), which applies to many of these employment screening measures, requires employers to follow certain procedural requirements that seek to ensure that employees and applicants understand the scope of the information that will be sought in a background or credit check, provide …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …