Labor and Employment Law Commons^™

There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson

Law Student Publications

This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.

For The Union Makes Us Strong: The İstanbul Metal Workers And Their Struggle For Unionization In Turkey, 1947-1970, Özgür Balkılıç

Theses and Dissertations (Comprehensive)

ABSTRACT

This study is an examination of the history of organized metal labor in İstanbul, Turkey after the Second World War. It analyzes and displays the complex and intermingled historical processes within which laborers in the private metal sector of İstanbul experienced workplace relations and actively responded to them. In this regard, although recent immigrants to Istanbul were exposed to unfamiliar conditions and labor relations, they attempted to shape those new relations through several means, in particular through the establishment of trade unions. In an effort to provide a comprehensive picture of class formation in the metal sector after the …

Cyberharassment And Workplace Law, Helen Norton

Publications

No abstract provided.

Unusual Unanimity And The Ongoing Debate On The Meaning Of Words: The Labor And Employment Decisions From The Supreme Court's 2013-14 Term, Michael Z. Green

Faculty Scholarship

During its 2013-14 term, the Supreme Court focused on labor relations, wage and hour law, whistleblowing, and employee benefits in several cases. The Court also addressed constitutional issues concerning the First Amendment, the Recess Appointments Clause, and affirmative action. The Court did not decide any employment discrimination cases during the term. Even without employment discrimination cases, the 2013-2014 term provided ten key cases of importance to labor and employment lawyers. Three of these cases involved distinctly different matters of concern for organized labor. Two cases addressed employee whistleblowing matters. Three cases focused on employee benefits. Two cases addressed issues tangentially-related …

Getting Paid In The Naked Economy, Meredith R. Miller

Scholarly Works

“It’s the end of work as we know it,” reports consulting firm Accenture in a paper about the “rise of the extended workforce.” (Gartside, Silverstone, Farley & Cantrell, Trends Reshaping the Future of HR: The Rise of the Extended Workforce, at 3 (Accenture 2013). The report predicts that, “[i]n the future, organizations’ competitive success will hinge on...workers who aren’t employees at all.” The legal nature of employment is changing and has been changing for quite some time; fewer and fewer workers are “employees.”

It is not new or novel to recognize that, from a legal perspective, there are many benefits …

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks

Hofstra Labor & Employment Law Journal

This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.

The grant-in-aid football players of Northwestern University meet the three rules normally used to …

Including The Transgenderless At Work: A Comparison Of Transgender Employees And Transgender Students As Plaintiffs, Julia Elmaleh-Sachs

Hofstra Labor & Employment Law Journal

No abstract provided.

The Misfortune Of The Unpaid Intern, Sean Hughes, Jerry Lagomarsine

Hofstra Labor & Employment Law Journal

No abstract provided.

Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel

Hofstra Labor & Employment Law Journal

No abstract provided.

Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman

Hofstra Labor & Employment Law Journal

No abstract provided.

Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer

Hofstra Labor & Employment Law Journal

No abstract provided.

One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link

Hofstra Labor & Employment Law Journal

No abstract provided.

Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman

NYLS Law Review

No abstract provided.

Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein

Richmond Journal of Law and the Public Interest

In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis

Richmond Journal of Law and the Public Interest

In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …

The Pbgc Wins A Case Whenever The Debtor Keeps Its Pension Plan, Israel Goldowitz, Garth Wilson, Erin Kim, Kirsten Bender

Marquette Benefits and Social Welfare Law Review

The Pension Benefit Guaranty Corporation, the federal agency charged with insuring private-sector defined benefit pension plans, has long had a prominent role in corporate bankruptcies. PBGC focuses its effort on the continuation of pension plans, in true reorganizations and in sales of businesses. To this end, ERISA has made it more difficult for a sponsor to terminate a plan in its own economic interest. For example, a sponsor’s latitude to terminate an underfunded plan was limited to circumstances involving the sponsor’s financial distress. Likewise, the termination premium, which was added to ERISA in recent years, is an obligation that survives …

Towards The Development Of Governance Principles For The Administration Of Social Protection Benefits: Comparative Lessons From Dutch And American Experiences, Frans Pennings, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

The purpose of this article is to introduce a new approach to social protection benefit provision through an analysis and comparison of two of the advanced benefit systems in the world. Both the Dutch and American examples teach us that meaningful social benefit protection is possible, consistent, and necessary within market-based societies.

Our recommendation is that advanced-market societies start a discussion on social protection benefits based on the dual principles of federalism/subsidiarity and fiduciary duty. Federalism provides that the national/federal government should provide the principles and minimal framework for benefit provision, while regional authorities, employers, and insurance companies should be …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir

Marquette Benefits and Social Welfare Law Review

Positive Organizational Scholarship studies how business organizations and their employees excel and thrive. It takes the opposite perspective from the traditional organizational research that examines negative deviance and how that deviance inhibits organizational performance. Like traditional organizational scholars, legal scholars (as well as lawyers, legislators, judges, and regulators) typically focus on problems. Examples abound in the field of employment law. For example, to what extent does employment discrimination still exist and how can it be eliminated? And, what constraints prevent Americans from achieving retirement security and how can those constraints be eliminated? This Essay proposes that we examine the Positive …

Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman

Northwestern University Law Review

No abstract provided.

Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia Narine

Articles

No abstract provided.

Fitting The Forum To The Pernicious Fuss: A Dispute System Design To Address Implicit Bias And 'Isms In The Workplace, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This paper proposes a dispute system design to address workplace discrimination caused by implicit biases so that employees and employers involved in such disputes can secure a more responsive justice than existing legal processes are able to provide. Workplace discrimination caused by implicit bias continues to contaminate our work environment despite our focused legal efforts to combat such overt "isms" as sexism, racism, ageism, and ableism. Although overt expressions of bias have significantly decreased in recent years, expressions of implicit bias, the primary cause of workplace discrimination, persists.

This paper extends the research on implicit bias to dispute system …

The Law And Economics Of Catalyzing Fans, Miriam A. Cherry

Faculty Publications

(Excerpt)

In the past decade new technologies have enabled large groups of people, separated by geographical distance and sometimes even national boundaries, to join together for pursuit of social good or economic gains. For example, we have seen thousands of participants engage in the editing of Wikipedia, contributing their expertise to build a base of knowledge on the web. Charities, artists, and now even for-profit businesses are able to use crowdfunding to raise financial support for their endeavors. Prediction markets allow participants to forecast outcomes of future events, creating incentives for accuracy either through monetary rewards or reputational advantage. Crowdsourcing …

Mediator Misunderstanding Of Bargaining Basics: Heading In An Ugly Direction, Joseph B. Stulberg

Cardozo Journal of Conflict Resolution

A mediator facilitates bargaining conduct among negotiating parties. She conducts the session in a way that is designed to improve everyone's understanding of the situation, promote thoughtful problem solving, and develop settlement terms acceptable to all. When performing her tasks, a mediator must prefer or promote a particular bargaining approach by and among the parties. The only question is: which bargaining theory and approach should she privilege?

Copyright Alert System: Six-Strikes And Forced Arbitration Might Not Be The Answer, Brett Schiff

Cardozo Journal of Conflict Resolution

Ongoing technological advancements are imminent and new forms of media will increasingly be created further broadening one's ability to share both his or her own intellectual property and the intellectual property of others almost instantaneously. Rising piracy and the growing use of peer-to-peer ("P2P") file-sharing resulted in representatives from the Motion Picture Association of America ("MPAA"), the Recording Industry Association of America ("RIAA"), and the nation's five largest Internet Service Providers ("ISPs")-AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon-joining forces. The Copyright Alert System ("CAS"), similar to foreign copyright enforcement graduated response systems, is the privatized, contractual United States graduated …

Labor Activism In Bankruptcy, Andrew B. Dawson

Articles

This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

Journal Articles

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …

Human Trafficking And Labor Migration: The Dichotomous Law And Complex Realities Of Filipina Entertainers In South Korea And Suggestions For Integrated And Contextualized Legal Responses, Yoon J. Shin

Vanderbilt Journal of Transnational Law

This Article examines the complex legal situation of Filipina "entertainers" in U.S. military camp towns in South Korea: the individuals located at the intersection of human trafficking and labor migration. The Article investigates how the dichotomous law fails to recognize these entertainers as either trafficking victims or as migrant workers. The law therefore denies proper legal rights and remedies for the serious rights violations they suffer in the destination state. This research demonstrates that these migrants have diverse needs, aspirations, and transnational experiences that embrace both victimhood and agency. It illuminates the fundamental problems of the current global anti-trafficking regime, …

The Political Economy And Legal Regulation Of Transnational Commercial Surrogate Labor, Cyra A. Choudhury

Vanderbilt Journal of Transnational Law

India's commercial surrogacy business has been the focus of intense media scrutiny for the past decade. In that time, it has grown from a $400 million industry to over $2 billion. While the growth in the surrogacy market has been rapid and widespread, the Indian government has struggled to regulate it as a business, as a medical practice and for the protection of surrogates. After nearly a decade of proposed draft bills, the government has yet to enact comprehensive regulation. It is now clear that the state will not ban such a lucrative source of income. Scholars of surrogacy have …

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.