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Articles 4231 - 4260 of 11177

Full-Text Articles in Labor and Employment Law

Placing British Employment Law In Context, Michael Harper Mar 2012

Placing British Employment Law In Context, Michael Harper

Faculty Scholarship

It is probably fair to generalize that the best American legal scholarship in the fields of labor, employment, and employment discrimination law has found little inspiration in the study of comparative law. Hugh Collins’s analytic and insightful but succinct overview of British employment law — republished in 2010 in a second edition to account for significant developments in response to European Union law — should teach any perceptive American reader that this need not be the case. This two hundred sixty page volume demonstrates that studying how other developed countries have addressed common issues presented by the employment relationship …

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"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee Mar 2012

"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee

Pepperdine Law Review

No abstract provided.

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Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox Mar 2012

Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox

Institute for Law and the Workplace Lectures

This lecture discusses the impact of the recent recession, both directly and indirectly, on the rights of workers in the U.S. and internationally. Employers are increasingly relying on temporary/contingent workers, and even unpaid interns who have few jobs protections and no benefits. This practice negatively impacts the wages and bargaining power of the core labor force as well as overall job creation. Particularly pronounced is the misclassification of jobs and failure to pay minimum wage and/or overtime benefits contrary to contractual requirements. There is evidence that the recession has made it politically acceptable to re-write existing employment agreements, with federal …

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A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment, Carl H. Esbeck Mar 2012

A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment, Carl H. Esbeck

Faculty Publications

In Hosanna-Tabor, a teacher suing her employer, a church-based school, alleged retaliation for having asserted rights under a discrimination statute. The School raised the “ministerial exception,” which prohibits ministers from suing their religious employer. The Court held the exception was constitutionally required. Before giving the facts that convinced it that this teacher was a “minister,” the Court had to distinguish the leading case of Employ. Div. v. Smith. Plaintiffs in Smith held jobs as counselors at a drug rehabilitation center. They were fired for illegal drug use (peyote), and later denied unemployment compensation. The Native American Church ingests peyote during …

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Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich Mar 2012

Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich

Pepperdine Dispute Resolution Law Journal

In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …

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A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan Mar 2012

A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan

Pepperdine Dispute Resolution Law Journal

Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …

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The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.

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High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct, Jeremy Gelms Mar 2012

High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct, Jeremy Gelms

Washington Law Review

Workplace harassment has traditionally occurred within the “four walls” of the workplace. In Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth the U.S. Supreme Court recognized that employers are liable under Title VII of the 1964 Civil Rights Act for harassment that is sufficiently severe or pervasive to alter the employee’s work environment. The rise in social media, however, has created a new medium through which harassment occurs. Courts are just beginning to confront the issue of if and when to consider social media harassment as part of the totality of the circumstances of a Title …

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Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking?, Christine N. Cimini Mar 2012

Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking?, Christine N. Cimini

Vanderbilt Law Review

This Article examines judicial decisionmaking in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this Article identifies a uniform judicial reliance upon "fault-based" factors. This Article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decisionmaking modalities utilized …

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Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles Mar 2012

Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles

William & Mary Law Review

No abstract provided.

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Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins Mar 2012

Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins

William & Mary Law Review

There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …

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Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka Feb 2012

Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka

Pepperdine Dispute Resolution Law Journal

The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …

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Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele Feb 2012

Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele

Pepperdine Dispute Resolution Law Journal

This paper generally examines the theory and practice of alternative dispute resolution (ADR) and specifically examines the role mediation has played in propelling rights discourse away from the center of efforts to achieve equal employment opportunity in the United States. It further addresses assumptions regarding individual employee goals in the context of a legal environment in which litigating to achieve rights-based remedies is increasingly difficult for grievants.

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A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy Feb 2012

A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy

Pepperdine Dispute Resolution Law Journal

In August 2008 a bill was introduced in the United States Senate that clearly states Uniformed Services Employment and Reemployment Rights of 1994 (USERRA) claims supersede any preexisting arbitration clauses in employment agreements. This bill, known as the Servicemembers Access to Justice Act (SAJA), would restore full access to the federal court system for USERRA plaintiffs. This paper examines the SAJA and its potential effects on the USERRA. It begins with a survey of the history behind the passage of the USERRA, as well as the FAA. Next, it describes the two federal circuit court decisions that have led to …

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Democracy At Work?: Spring Symposium Aims To Address The Question, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2012

Democracy At Work?: Spring Symposium Aims To Address The Question, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

This article regarding the "Democracy and the Workplace" symposium was published in the Fall 2011 Saltman Center for Conflict Resolution Newsletter. To read the entire newsletter, click here.

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Conference Bibliography, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2012

Conference Bibliography, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

A selected bibliography was prepared in connection with the Saltman Center for Conflict Resolution's Labor and Employment Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.

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Conference Program, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2012

Conference Program, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Labor and Employment Law Symposium 2012: Democracy and the Workplace

No abstract provided.

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Employees Losing Power, Losing Jobs: Making The Case For Mediating Power In The Era Of Buy-Ins And Bailouts, Lovalerie Mullins Feb 2012

Employees Losing Power, Losing Jobs: Making The Case For Mediating Power In The Era Of Buy-Ins And Bailouts, Lovalerie Mullins

Pepperdine Dispute Resolution Law Journal

This article proposes that dispute in the workplace is the best illustration of the loss of equanimity boundaryless employees experience in their work environment, and further, that dispute systems design necessitates a power neutralizing approach for mediating struggles caused by power disparity present in today's private employment relationships. To that end, my goal is to provide an employee-centered perspective of self-regulated employment policy in America, and to demonstrate the degree of conflict (and eventual disputation) such policy creates for boundaryless workforces. Ultimately, I make the case for an evolved dispute resolution process more able to manage power disparity in modem …

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Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2012

Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Lectures & Talks

A selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.

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Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101, Tom C. Hodge Feb 2012

Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101, Tom C. Hodge

William & Mary Business Law Review

The antitrust, or competition, regime of the European Union (EU) differs substantially from that of the United States, because EU competition law forms part of the EU Treaties and is therefore imbibed with the multiple values of the European Union itself. Accordingly, it is by no means clear or settled if the anti-cartel law of the European Union, Article 101 TFEU, must focus solely on a consumer welfare standard or must also consider the broad and multiple policy aims enshrined in the EU Treaties. If Article 101 must balance multiple aims, this would be in stark contrast to Section 1 …

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The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt Feb 2012

The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt

Public Testimony by Maurer Faculty

No abstract provided.

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Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson, Joel E. Black Feb 2012

Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson, Joel E. Black

Book Reviews

No abstract provided.

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Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj Feb 2012

Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj

University of Michigan Journal of Law Reform

This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm, and is accessible to economically disadvantaged plaintiffs. As well as providing an analysis of the specific problem …

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Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall Feb 2012

Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall

Data Note Series, Institute for Community Inclusion

Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.

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Creating A Workable Legal Standard For Defining An Independent Contractor, Karen R. Harned, Georgine M. Kryda, Elizabeth A. Milito Jan 2012

Creating A Workable Legal Standard For Defining An Independent Contractor, Karen R. Harned, Georgine M. Kryda, Elizabeth A. Milito

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper Jan 2012

Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy Jan 2012

Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin Jan 2012

The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin

All Faculty Scholarship

No abstract provided.

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Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin Jan 2012

Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin

All Faculty Scholarship

Beginning in December 2010, a virtual tsunami of legislative change hit public sector labor law. The change was fueled by a view that public employee unions were exercising outsized power and a privileged position of exclusive access to public decision-makers to extract excessive wages and benefits, protect employees who were poor performers, stifle incentive to excel and stifle innovation. This article evaluates these reforms which increased public employer power to act unilaterally in light of my prior work on collective representation of public employees. That prior work focused on how public sector labor law doctrine channels union representation into narrow …

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To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond Jan 2012

To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond

All Faculty Scholarship

Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …

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