Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4321 - 4350 of 11178

Full-Text Articles in Labor and Employment Law

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein Jan 2012

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein

UF Law Faculty Publications

This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …

Go to article

New Nip In The Bud: Does The Obama Board's Preemptive Strike Doctrine Enhance Tactical Employment Law Strategies?, Michael C. Duff Jan 2012

New Nip In The Bud: Does The Obama Board's Preemptive Strike Doctrine Enhance Tactical Employment Law Strategies?, Michael C. Duff

All Faculty Scholarship

In this essay I revisit the classic debate concerning when worker activity is sufficiently “concerted” to be covered by the National Labor Relations Act, a statute covering certain private sector protected “concerted” activity by workers. When workers are obviously engaged in concerted “labor” activity — classically activity like striking, picketing, or even just complaining about working conditions — they are generally protected against employer reprisal for doing so. Over the last few decades there has been disagreement about the definition and limits of “concert.” My renewed interest in this dormant but not dead subject was piqued by the “Obama Board’s” …

Go to article

Explaining Peripheral Labor: A Poultry Industry Case Study, Charlotte S. Alexander Jan 2012

Explaining Peripheral Labor: A Poultry Industry Case Study, Charlotte S. Alexander

Faculty Publications By Year

Drawing on data and anecdotal accounts from a wide variety of sources, this Article investigates the law and economics of peripheral labor, so called because low wage, low skill workers on the periphery are excluded from the promotion ladders, job security, and steadily increasing pay available to supervisory and managerial workers in the core. Using the U.S. poultry industry as a case study, this Article describes the terms and conditions of peripheral poultry work: de-skilled jobs, low wages, lack of job security, and negligible prospects for promotion. Worker bargaining power is also highly constrained, as workers have little ability to …

Go to article

The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun Jan 2012

The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun

Northwestern Journal of Law & Social Policy

This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …

Go to article

Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley Jan 2012

Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Go to article

Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden Jan 2012

Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Go to article

Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella Jan 2012

Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Go to article

Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales Jan 2012

Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales

Indiana Law Journal

The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …

Go to article

Public-Sector Labor In The Age Of Obama, Joseph E. Slater Jan 2012

Public-Sector Labor In The Age Of Obama, Joseph E. Slater

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Go to article

Claim-Suppressing Arbitration: The New Rules, David S. Schwartz Jan 2012

Claim-Suppressing Arbitration: The New Rules, David S. Schwartz

Indiana Law Journal

Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …

Go to article

Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn Jan 2012

Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Go to article

Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green Jan 2012

Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Go to article

Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss Jan 2012

Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Go to article

Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone Jan 2012

Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone

Faculty Publications

This Article traces the genesis of this misguided doctrine, its proliferation, and it’s many flaws. It explains what the doctrine has come to mean and which facets of a comment can render it “stray” as a matter of law. Part II evaluates this unwieldy and untenable doctrine and its haphazard and misguided application over the past two decades. Specifically, it was never intended to be a formal doctrine. As employed by courts, the term “stray” means too many things and is too ambiguous for the doctrine to be coherent or effective. Moreover, courts ascribe varying degrees of significance to the …

Go to article

This Is A Time For Hope And Change, Kevin D. Brown Jan 2012

This Is A Time For Hope And Change, Kevin D. Brown

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Go to article

Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges Jan 2012

Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges

Law Faculty Publications

This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …

Go to article

Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry, James Kwak Jan 2012

Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry, James Kwak

Faculty Articles and Papers

No abstract provided.

Go to article

Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson Jan 2012

Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson

Hofstra Labor & Employment Law Journal

The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.

With recognition that LGBT employment discrimination laws are novel …

Go to article

Gender, Family, And Work, Marcia L. Mccormick Jan 2012

Gender, Family, And Work, Marcia L. Mccormick

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher Jan 2012

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs Jan 2012

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

No abstract provided.

Go to article

Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?, James J. Brudney Jan 2012

Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?, James J. Brudney

Faculty Scholarship

Since the 1970’s, multinational corporations (MNCs) in large numbers have adopted codes of conduct declaring their commitment to workers’ rights. These codes, however, do not require adherence to specific labor regulations or standards in a global setting. The MNC record on voluntary compliance has been discouraging, especially in labor-intensive industries like apparel, shoes, and toys, where a global supply chain of contractors effectively controls labor conditions. The persistent gap between aspiration and achievement regarding corporate codes has led to disagreement over their meaning and value. MNCs hope to be judged on the basis of the self-regulatory systems they have established. …

Go to article

Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer Jan 2012

Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Go to article

North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer Jan 2012

North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Go to article

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan Jan 2012

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Scholarly Works

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases – mainly wage claims but also age discrimination and gender equal pay claims – 29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Courts in collective actions assume a gatekeeper role as they do in Rule 23 class action, disallowing many actions by requiring a certification motion …

Go to article

Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt Jan 2012

Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt

Scholarly Works

In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.

Go to article

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia Jan 2012

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia

Scholarly Works

No abstract provided.

Go to article

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley Jan 2012

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley

Scholarly Works

No abstract provided.

Go to article

Tsunami: At&T Mobility Llc V. Concepcion Impedes Access To Justice, Jean R. Sternlight Jan 2012

Tsunami: At&T Mobility Llc V. Concepcion Impedes Access To Justice, Jean R. Sternlight

Scholarly Works

No abstract provided.

Go to article

Federal Courts At The Boyd School Of Law, Anne R. Traum Jan 2012

Federal Courts At The Boyd School Of Law, Anne R. Traum

Scholarly Works

No abstract provided.

Go to article

First Prev Next Last