Labor and Employment Law Commons^™

Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin

All Faculty Scholarship

Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …

Vol. 30, No. 4, Gilbert A. Cornfield

The Illinois Public Employee Relations Report

Contents:

The Scope of Judicial Review of Public Sector Arbitration Awards, by Gilbert A. Cornfield

Recent Developments

Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.

Not So Glamorous: Unveiling The Misrepresentation Of Fashion Models' Rights As Workers In New York City, Alexandra R. Simmerson

Cardozo Journal of International and Comparative Law

The note examines the misclassification of fashion models as independent contractors in New York City, arguing that this status denies them essential legal protections and perpetuates exploitation. It highlights the disparity between the treatment of models in New York and Paris, where models are classified as employees with access to benefits like unemployment insurance and regulated working hours. The analysis underscores the control modeling agencies exert over models' careers, handling bookings, billing, and payments, which suggests an employer-employee relationship. The note advocates for reclassifying models as employees to ensure fair labor practices and access to protections such as unemployment benefits …

A Proposal To Improve The Workplace Law Curriculum From A Corporate Compliance Perspective, Nicole Buonocore Porter

Faculty Publications

The goal of this Article is to explore and propose a course [in labor and employment law] that I believe will be very valuable for law students. The goal of the course will be two-fold. The first goal will be to integrate the three areas of workplace law [Employment Discrimination, Labor Law, and Employment Law] into one course, exploring the ways that these areas of the law intersect and interact with one another. The second goal will be to teach non-litigation practical skills that will benefit students when eventually called upon to advise employers on the compliance of our workplace …

Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald

W&M Law Student Publications

No abstract provided.

Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt

Michigan Law Review

Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …

Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt

All Faculty Scholarship

This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …

In Good Company: How Corporate Social Responsibility Can Protect Rights And Aid Efforts To End Child Sex Trafficking And Modern Slavery, Erika George, Scarlet R. Smith

Faculty Scholarship

The principal contribution of this Article is to show that, in many cases, the private sector, in cooperation with law enforcement, can initiate and implement policies that help increase the likelihood that buyers and traffickers are caught ultimately making access to child sex workers more difficult. Most commentary regarding child sex trafficking focuses on the failures of local law enforcement to find a solution. However, this Article argues that the private business sector can effectively supplement the efforts of law enforcement, nongovernmental organizations, and international human rights initiatives to protect exploited children. In Part I, this Article first introduces the …

Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien

Faculty Scholarship

Modern Chapter 9 litigation has been characterized by extraordinary protections for municipal bondholders, and Central Falls is no exception. Although not well understood by politicians, fear of contagion has encouraged the adoption of legal arrangements that have limited the bankruptcy courts’ ability to include bondholders in the cost of restructuring municipal debt. This preference for bondholders (and, by extension, their insurers) has meant increased misery for taxpayers and retirees. Given that all of these actors appear to have been complicit to some degree in the creation and maintenance of the fiscally imprudent conditions that triggered bankruptcy and that evidence of …

List Of Presenters: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

No abstract provided.

Conference Program: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

The Colloquium on Current Scholarship in Labor and Employment Law provides an opportunity for labor and employment law scholars to present works-in-progress and receive feedback from their colleagues in the field. This year, with the Colloquium set in Las Vegas, participants will have the opportunity to discuss developments in labor and employment law with the unique workplace law landscape of Las Vegas as the setting. Las Vegas is often thought of as a global playground, but this image obscures the hard work and difficult issues that exist "behind the curtain."

Conference Bibliography: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

A selected bibliography was prepared in connection with 8th Annual Colloquium on Current Scholarship in Labor & Employment Law held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on September 27-28, 2013.

Presenter Bios: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

No abstract provided.

Global And Local Youth Unemployment: Dislocation And Pathways, Ramon Borges-Mendez, Lillian Denhardt, Michelle Collett

New England Journal of Public Policy

The impact of economic recessions is not felt uniformly across demographic groups, and the detrimental effects of the one-time dislocations can significantly shift the long-term prospects of human development for many years to come. The current recession has been hard on young people in the United States between the ages of 16 and 24, especially minorities (Latino or African American). Labor force participation rates have dropped dramatically and unemployment has reached as high as 30% in some states. Long spells of unemployment and adverse conditions for labor market incorporation further increase the likelihood of other poor life outcomes, such as …

The Unpaid Internship: A Stepping Stone To A Successful Career Or The Stumbling Block Of An Illegal Enterprise? Finding The Right Balance Between Worker Autonomy And Worker Protection, Jessica A. Magaldi, Olha Kolisnyk

Nevada Law Journal

No abstract provided.

Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene

University of Michigan Journal of Law Reform

This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …

Research On China Msa's Implementation Of Maritime Labour Convention, 2006, Xiaodong Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Implementation Issues Of Seafarer’S Onboard Training In China, Guoyu Shao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On The Necessity And Feasibility Of The Implementation Of The Mlc, 2006 In China, Zhiliang Ren

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern

Court Briefs

No abstract provided.

Building More And Better Jobs: Lessons From The United States, Randall W. Eberts

Conference Papers

No abstract provided.

Public Pensions And Debt In The State Of Maine, Ryan Knaus

Muskie School Capstones and Dissertations

Maine has taken important steps in recent years to reduce indebtedness and adequately fund their Public Employee Pension System (MainePERS), and is well-positioned relative to other U.S. states. The challenge for the State is to continue financing MainePERS and existing UALs with the same commitment, diligence and prudence.

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Pace Law Review

This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …

Vol. 30, No. 3, Stanley B. Eisenhammer, Christopher M. Hoffman

The Illinois Public Employee Relations Report

Contents:

Chicago Math and Science Academy: Are Charter Schools Public or Private under the NLRA, and Does it Matter?, by Stanley B. Eisenhammer and Christopher M. Hoffman

Recent Developments

The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold

Indiana Journal of Global Legal Studies

Through its various provisions, the Affordable Care Act will insure more than thirty million Americans by January 1, 2014. This dramatic increase in coverage will have significant effects on both the U.S. economy and its healthcare system. Nursing professionals make up a large portion of the U.S. healthcare system and with a dramatic nursing shortage already in place, employers increasingly look abroad to fill nursing vacancies. Due to the increasing effects of globalization, foreign nurses have become an integral part of the U.S. healthcare system. This note argues that the increased coverage created by the Affordable Care Act will increase …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

After last year's blockbuster year, the United States Supreme Court was relatively quiet in the area of employment discrimination during the 2012 survey period. The High Court's most significant ruling was its decision in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, in which the Court held that the First Amendment's Establishment and Free Exercise Clauses create a "ministerial exception" that barred a disability discrimination lawsuit against a religious organization.

However, the United States Court of Appeals for the Eleventh Circuit offset the Supreme Court's inactivity by handing down six published Title VII opinions and ten published decisions in …

On The Construction Of Section 203(O) Of The Flsa: Exclusion Without Exemption, Victor M. Velarde

University of Miami Business Law Review

No abstract provided.