Labor and Employment Law Commons^™

Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Retiring Workplace Tortious Interference Claims, Donn C. Meindertsma

Hofstra Labor & Employment Law Journal

No abstract provided.

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.

The Current Status Of D.R. Horton, Pending Appellate Litigation, And Predictions Of Supreme Court Review, Irene A. Zoupaniotis

Hofstra Labor & Employment Law Journal

No abstract provided.

Does Uber Redefine The Firm? The Postindustrial Corporation And Advanced Information Technology, Julia Tomassetti

Hofstra Labor & Employment Law Journal

No abstract provided.

Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis

Hofstra Labor & Employment Law Journal

No abstract provided.

Preemptive Bargaining: The Irs, The Dol, The Nlrb And Overlapping Responsibilities, Sean Ferguson

Hofstra Labor & Employment Law Journal

No abstract provided.

Leaving Labour Law’S Pragmatic And Purposive Fortress Behind: Canadian Union Successor Rights Law As A Case Study, Pascal Mcdougall

Osgoode Hall Law Journal

In this article, I analyze a series of Canadian cases on union successor rights defining the circumstances in which labour rights should be transferred to a successor entity in the context of business sales, restructuring and subcontracting. My analysis casts doubt on a globally influential theory of legal interpretation, which I call the “old legality.” According to this theory, labour law is made not through conventional legal reasoning but through non-legal, pragmatic, and purposive applications of loose industrial relations standards. I claim that the old legality paradigm is analytically inaccurate and has the perverse effect of normalizing the status quo …

Study On Influencing Factors Of Seafarers’ Mental Health And Precautions Of Psychological Diseases And Related Intervention Mechanism Under The Mlc, 2006, Xiaoli Ouyang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Formulating A District Rule And Corresponding Exam Syllabus For Certifying Sand Transportation Seafarers In Guangdong Through Comparison Of Existing District Rules, Tianshu Liu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman

University of Miami Law Review

Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.

This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications & Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the courts, hoping to …

Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft

Labor & Employment Law Forum

No abstract provided.

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar

Labor & Employment Law Forum

No abstract provided.

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.

Vol. 33, No. 3, James Powers

The Illinois Public Employee Relations Report

Police Body Cameras: Do Illinois Public Employers Have a Duty to Bargain over Their Use?, by James Powers

Recent Developments

Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler

Mercer Law Review

This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2015 to December 31, 2015. The following is a discussion of those opinions.

An Onerous Burden: The Impact Of Nassar Upon Mcdonnell Douglas In The Eleventh Circuit, Alec Chappell

Mercer Law Review

Following a flood of employment discrimination and retaliation cases, the United States Supreme Court in University of Texas Southwestern Medical Center v. Nassar announced that an employee alleging retaliation must prove that the employer's motive to retaliate constituted a "but for" cause of the actions adverse to the employee. In addition to creating an awkward and unprecedented union of employment law and traditional tort principles of causation,' this decision upended the conventional application of the framework set forth in McDonnell Douglas Corp. v. Green and left the lower courts to pick up the pieces. ...

This Comment explores the responses …

Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Employment creation is often seen as a key benefit of investment in natural resources. However, this benefit sometimes falls short: job estimates may be inflated, governmental policies may fail to maximize employment generation, and, in some cases, investments may lead to net livelihood losses. A more thorough examination of employment tied to mining and agricultural investments is thus useful for assessing whether and how employment from natural resource investments contributes to sustainable economic development – a particularly timely topic as countries consider how they will achieve the Sustainable Development Goals adopted in 2015.

This report aims to clarify the processes …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Clearly the most significant case handed down during the 2015 survey period was the March 2015 decision by the United States Supreme Court in Young v. United Parcel Service, Inc. In Young, the Supreme Court decided that the Pregnancy Discrimination Act (PDA) does, in fact, require employers to offer workplace accommodations to pregnant employees in order to remain on the job. This case has almost certainly required a host of employers to review and probably revise the leave policies they had in place prior to the decision being handed down. Otherwise, the 2015 survey period was a busy, …

Fast Food Sweatshops: Franchisors As Employers Under The Fair Labor Standards Act, Thomas J. Power

City University of New York Law Review

No abstract provided.

Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

All Faculty Scholarship

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to “opt out” of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …

Pengaturan Perlindungan Hukum Bagi Tenaga Kerja Wanita Beserta Keluarganya Berdasarkan Uu No. 6 Tahun 2012 Tentang Pengesahan Konvensi Internasional Perlindungan Buruh Migran Beserta Keluarganya, Ani Suryani H

Jurnal Hukum & Pembangunan

This study aims to assess and analyze the normative regulation of legal protection for women workers and their families based on Law No.6 of 2012 on the Ratification of the International Convention on the Protection of Migrant Workers and their Families. Processing dan data analisys done by the legal logical legal reasoning systematically and coherently and then analyzed by descriptive qualitative and subsequently concluded deductively. Based on the results obtained that: Convention on the Protection ofthe Rights of All Migrant Workers and Members of Their Families (International Convention on the Protection of the Rights of All …

What Does The Minimum Wage Have To Do With Reproductive Rights?, Terry O'Neill

Akron Law Review

In January of this year, I had the honor of delivering remarks at the AALS Section on Socio-Economics annual luncheon. The subject of my talk, What does the minimum wage have to do with reproductive rights?, undoubtedly struck many in the audience as attempting the impossible— linking two issues that, while each important and timely, are entirely separate. Surely, the argument goes, a woman’s right to choose abortion simply does not occupy the same analytical or policy space as a worker’s right to fair wages and terms of employment.

In this Essay, however, I will sketch out my reasons for …

Sharing The Prosperity: Why We Still Need Organized Labor, Angela B. Cornell

Cornell Law Faculty Publications

Today economic inequality is greater in the United States than in any other advanced nation. Bringing the minimum wage up to a true living wage is a crucial step forward, as are other employment-related benefits like broadening access to overtime and instituting paid sick leave. But employment statutes such as minimum-wage regulations cannot replace the broad-based benefits that come from organized labor. Unionization places the ability to influence what happens in the workplace directly in workers’ own hands, even as it creates institutions that can advocate for working people at the community, state, and national level. Under an effective labor-law …

Pension De-Risking, Paul M. Secunda, Brendan S. Maher

Faculty Scholarship

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.”

Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …