Labor and Employment Law Commons^™

The Garcetti Virus, Nancy M. Modesitt

All Faculty Scholarship

In an era where corporate malfeasance has imposed staggering costs on society, ranging from the largest oil spill in recorded history to the largest government bailout of Wall Street, one would think that those who uncover corporate wrongdoing before it causes significant harm should receive awards. Employees are particularly well-placed to uncover such wrongdoing within companies. However, rather than reward these employees, employers tend to fire or marginalize them. While there are statutory protections for whistleblowers, a disturbing new trend appears to be developing: courts are excluding from the protection of whistleblowing statutes employees who report wrongdoing as part of …

An Overview Of The U.S. Retirement Income Security System And The Principles And Values It Reflects, Kathryn L. Moore

Law Faculty Scholarly Articles

This article is designed to provide an overview of the U.S. retirement income security system from a comparative law perspective. Like many countries, the U.S. has a three tier pension or retirement income system, with the three tiers consisting of (1) Social Security, (2) employment-based pensions, and (3) individual savings. Thus, superficially, the U.S. retirement income security system resembles that of many around the world. Yet, in other ways, such as its focus on individual rights and responsibility, the U.S. system is unique.

The article begins by discussing the nine guiding principles of the U.S. Social Security system as identified …

Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=f68cdf9c-6bab-4202-b009-26b50bf563bf. The event was co-sponsored by the Washington College of Law and the Government Accountability Project.

Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke

Indiana Law Journal

Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …

Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims, Shelley Mcgill, Ann Marie Tracey

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or …

"Reputations... A Lifetime To Build, Seconds To Destroy": Maximizing The Mutually Protective Value Of Morals Clauses In Talent Agreements, Sarah D. Katz

Cardozo Journal of International and Comparative Law

The note examines the effectiveness of morals clauses in contracts, emphasizing their value lies in the protection they offer to both talent and nontalent parties. However, their efficacy is contingent upon being tailored to the specific industry and parties involved. Generic clauses fail to account for these differences, leading to reduced predictability and, consequently, diminished value.

The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt

Cardozo Journal of International and Comparative Law

The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.

Rethinking Discrimination Law, Sandra F. Sperino

Michigan Law Review

Modern employment discrimination law is defined by an increasingly complex set of frameworks. These frameworks structure the ways that courts, juries, and litigants think about discrimination. This Article challenges whether courts should use the frameworks to conceptualize discrimination. It argues that just as faulty sorting contributes to stereotyping and societal discrimination, courts are using faulty structures to substantively limit discrimination claims. This Article makes three central contributions. First, it demonstrates how discrimination analysis has been reduced to a rote sorting process. It recognizes and makes explicit courts' methodology so that the structure of discrimination analysis and its effects can be …

Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert

Publications and Research

The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden

William & Mary Law Review

Within hours of its announcement, the Supreme Court’s decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America’s largest laborunions—even though the decision applies equally to unions and for profit corporations. The reason is clear: there exist both practical andstructural impediments that will prevent unions from benefittingfrom Citizens United to the same extent as corporations. Therefore,Citizens United stands to unleash a torrent of corporate electioneering that could drown out the countervailing voice of organized labor.

This Article, however, takes a broader view of Citizens United to explore a possible silver lining …

Kennedy V. Plan Administrator For Dupont Savings & Investment Plan: Anti-Alienation And Anti-Cutback Rules, Christina Payne-Tsoupros

W&M Law Student Publications

No abstract provided.

Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs

Michigan Law Review

Congress, through the 1947 addition of section 10(j) to the National Labor Relations Act, authorized district courts to grant preliminary injunctive relief for unfair labor practices if they deem such relief "just and proper." To this day a circuit split persists over the correct interpretation of this "just and proper" standard. Some circuits interpret "just and proper" to require application of the traditional equitable principles approach that normally governs preliminary injunctions. Other circuits interpret "just and proper" to require an analysis of whether injunctive relief is necessary to preserve the National Labor Relations Board's remedial power This Note examines the …

Pension Reform: How Have Workers Fared?, Edward N. Wolff

Employment Research Newsletter

No abstract provided.

Chandler, Arizona, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Chandler, Arizona.

Press Release, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The press release for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

List Of Speakers, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of Speakers for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

Presentation: Presser, Harriet B. Presser

Conferences, Panels, and Events

Presentation by Harriet B. Presser on Working in a 24/7 Economy: Challenges for American Families, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gerson & Jacobs, Jerry A. Jacobs, Kathleen Gerson

Conferences, Panels, and Events

Presentation by Jerry A. Jacobs and Kathleen Gerson on The Time Divide: Work, Family, and Gender Inequality, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gornick & Meyers, Janet C. Gornick, Marcia K. Meyers

Conferences, Panels, and Events

Presentation by Janet C. Gornick, City University of New York and Marcia K. Meyers, University of Washington on Families That Work: Policies for Reconciling Parenthood and Employment, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Selected Events On Workplace Flexibility In The Federal Government, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Selected events on Workplace Flexibility in the federal government from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix F: "A Sampling Of Government Reports On Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A Sampling of Government Reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix E: "Telecommuting: A Case Study In Public Policy Approaches", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Telecommuting: A Case Study in Public Policy Approaches from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix D: "Some Background Information On Workplace Flexibility In Federal Agencies", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Some background information on Workplace Flexibility in federal agencies from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix C: "The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa)", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

'Dear Colleague' Letter, Mike Dewine, Christopher J. Dodd

Briefings, Hearings, and Congressional Study Group

'Dear Colleague' letter for the September 2006 briefing on "Children's Well-Being and the Role of Workplace Flexibility for Parents" event.

Prepared on behalf of Workplace Flexibility 2010 by Senator Mike DeWine and Senator Christopher J. Dodd.

Letter Of Invitation To A Briefing On Meeting The Needs Of Today's Families: The Role Of Workplace Flexibility, Lamar Alexander, Hillary Rodham Clinton

Briefings, Hearings, and Congressional Study Group

Letter of Invitation to a briefing on Meeting the Needs of Today's Families: The Role of Workplace Flexibility, held April 25, 2006.

Testimony Of Chai R. Feldblum, Chai R. Feldblum

Briefings, Hearings, and Congressional Study Group

Testimony of Chai R. Feldblum, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Beyond Mystiques And Mismatches: Unpacking Retirement And Work, Phyllis Moen Phd

Briefings, Hearings, and Congressional Study Group

Beyond Mystiques and Mismatches: Unpacking Retirement and Work, An Issue Brief Prepared by Phyllis Moen for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Remarks On What An Aging Workforce Can Teach Us About Workplace Flexibility, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

Remarks on What an Aging Workforce Can Teach Us About Workplace Flexibility, An Issue Brief Prepared by Robert B. Hudson, PhD, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Perspectives: Aligning Business Needs With Older Workers' Preferences And Priorities, Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Briefings, Hearings, and Congressional Study Group

Perspectives: Aligning Business Needs with Older Workers’ Preferences and Priorities An Issue Brief Prepared by Marcie Pitt-Catsouphes and Michael A. Smyer for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.