Labor and Employment Law Commons^™

A Season Of Change: Reforming The H2b Guest Worker Program, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Each year, as spring and summer arrive, Americans partake in range of seasonal traditions: beautifying their lawns and gardens; enjoying harvests of fresh fruits, vegetables, and seafood; and attending local fairs and festivals. Although these rituals have become part of the American cultural fabric, few know that they are supported by thousands of temporary guest workers who enter the United States each year under the H-2 visa program.' The H-a program allows U.S employers to petition for seasonal agricultural workers (via the H-2A program) and seasonal nonagricultural workers (via the H-2B program) to work in this country on a …

The Union Idea In 21st Century America, Amanda M. Perry

Senior Honors Projects

This project explores the development of the “union idea” and its role in low wage labor markets in the 21st Century.

The "labor question" became a central issue in the early 20^th century because its solution seemed essential to the survival of American democracy itself: could a society based on wage labor provide a rising standard of living and full social participation for those workers? For a time during and after World War II the “union idea” - workplace democracy, working class solidarity, and the allocation of resources partly on a social rather than a market basis – became …

Compensating Differentials For Sexual Harassment, Joni Hersch

Vanderbilt Law School Faculty Publications

This paper provides evidence of the relation between the risk of sexual harassment and wages. While one approach to detecting the effect on wages of sexual harassment would be to estimate wage equations controlling for whether an individual reports that he or she had been sexually harassed, sexual harassment on the job is unlikely to be exogenous with respect to wages, and it is difficult to identify appropriate variables that would allow instrumental variables estimation. In addition, there are almost no data reporting information on sexual harassment as well as wages and other determinants of wages. To avoid these problems, …

From Brawn To Brains: How Immigration Works For America, Pia Orrenius

Western Migration Conference Series

Bio:

Pia Orrenius is Research Officer and Senior Economist at the Federal Reserve Bank of Dallas and Adjunct Professor at the Hankamer School of Business, Baylor University. Her research focuses on the labor market impacts of immigration, unauthorized immigration, and U.S. immigration policy, and her work has been published in the American Economic Review, Journal of Development Economics, Labour Economics, Industrial and Labor Relations Review, among others. She is coauthor of the book Beside the Golden Door: U.S. Immigration Reform in a New Era of Globalization (2010, AEI Press). Dr. Orrenius is a Research Fellow at …

The Labor Market Effects Of U.S. Immigration: What Is The Latest Evidence?, Orn Bodvarsson

Western Migration Conference Series

Bio:

Örn Bodvarsson is Professor of Economics, Chair of the Department of Management, and Interim Chair of the Department of Social Work at St. Cloud State University. He is also a Research Fellow at the Institute for the Study of Labor (IZA) in Bonn, Germany. A labor economist, Bodvarsson has been working in the immigration field since 2001, focusing on host country distributional effects of immigration, determinants of migration, internal migration in China, and wage discrimination against the foreign-born. In 2009 Springer published his co-authored book, The Economics of Immigration: Theory and Policy, recently reviewed in Journal of Economic …

Recruitment And Retention Of Immigrants In A Global Labour Market: Implications For Policy, Christopher Robinson

Western Migration Conference Series

Bio:

Chris Robinson studied economics at the London School of Economics and the University of Chicago, and has been a faculty member at the University of Western Ontario since 1977. His research has focused on human capital and wage issues including human capital specificity, labour supply, migration, and unions and he has published a wide range of articles on these topics in scholarly journals. From 1993 to 2003 he served as associate editor of the Journal of
Labor Economics. From 2001 to 2010 he held the CIBC Chair in Human Capital and
Productivity at the University of Western Ontario …

Bar-Ilan University V. National Labor Court, Ayala Procaccia, Edmond E. Levy, Dorit Beinisch, Edna Arbel, Miriam Naor, Eliezer Rivlin, Asher Grunis

Translated Opinions

The questions that arise for deliberation in this Petition are: Is a workers’ organization, some of whose members are pensioners of the workplace, entitled to declare a strike against the employer on the issue of the pensioners’ rights, although an employer-employee relationship no longer exists between the employer and the pensioners? Should such a strike be recognized as one that is protected by the labor laws?

What remains of a concrete labor dispute, which was resolved during the deliberations before the National Labor Court, are these conceptual-fundamental questions, which, in light of their importance, have constituted a subject of rulings …

The Great Fleecing Of The The Greatest Generation: Employment Discrimination And Consumer Fraud Harming The Elderly During The Tough Economic Times, Sherry L. Jackson, Bill Broker, Chris Couillou, Natalie Thomas

Working in the Public Interest Conferences

Considers the challenges facing older Americans in terms of finding employment and avoiding consumer fraud and the legal recourse available to this demographic group.

Arizona's Grand Question: Who Can Regulate The Hire Of Unauthorized Labor Under Chamber Of Commerce V. Whiting?, Larry Nackerud, Dale Schwartz, Karen Weinstock

Working in the Public Interest Conferences

Explores recent state legislation that cracks down on employers who hire illegal immigrants, and considers that larger impact on national immigration reform.

Employment Discrimination: Some Economic Definitions, Critique And Legal Implications, Menahem Pasternak

North Carolina Central Law Review

No abstract provided.

Panelist Biographies

Labor & Employment Law Forum

No abstract provided.

Welcome Remarks: Overview Of Title Vii

Labor & Employment Law Forum

No abstract provided.

Volume 1, Number 2

Labor & Employment Law Forum

No abstract provided.

Els Enforcement 1965-1974

Labor & Employment Law Forum

No abstract provided.

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.

"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait

Chicago-Kent Law Review

In the aftermath of the 2008 economic downturn, two of the hardest hit industries were manufacturing and construction. As a result, men became unemployed at a higher rate than women, and consequently, women—for the first time ever—became over fifty percent of the employment. This "mancession" gave rise to great debate over the place of women in the workforce and the important role that employment plays in shaping male identity. An intervening critique came in the form of the "momcession" discourse that focused on the impact of the recession on mothers, who were often responsible for caretaking, homemaking, and providing the …

Enforcement And The Future

Labor & Employment Law Forum

No abstract provided.

$0.77 Does Not Equal $1.00: A Perspective On The Ledbetter Fair Pay Act In A Dukes V. Wal-Mart World, Jessica B. Clarke

Labor & Employment Law Forum

No abstract provided.

Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff

All Faculty Scholarship

Invariably, in Wyoming, as in other states, the educational debate swirls around two topics: the extent to which school teachers’ unions influence educational policy, and the related, but distinct, question of whether teachers are unreasonably entrenched in their jobs through systems of “tenure.” These questions in turn are closely intertwined with the broader national debate over public employee unionism. In Wyoming, however, the broader debate is not at issue, a fact that will be revealed in this article through close scrutiny of the terms “union” and “tenure.”

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

Introductory Note, Richard S. Ugelow

Labor & Employment Law Forum

No abstract provided.

Enforcement Against State And Local Governments

Labor & Employment Law Forum

No abstract provided.

Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana

William & Mary Business Law Review

Workers' Compensation is often described as a bargain between employers and employees. Employees give up the right to sue their employers in negligence for workplace injuries, and, in return, employers agree to pay predictable, statutorily mandated benefits to injured employees. Over time, this “bargain” became compulsory in every state but one. Texas is the only state in which employers and employees can decide whether or not to enter the workers' compensation bargain. This elective system has some fairly serious problems, and many have advocated its abandonment. This Note analyzes the system's history, compares the system to conventional compulsory systems, analyzes …

Going Postal: What Can Reform Do For You?, Lauren T. Andrews

William & Mary Business Law Review

The sending and receiving of post and parcel is a vital aspect of daily living in the United States. Despite this vitality, the setup for post and parcel delivery in the United States has been heavily criticized. This Note, in response to these criticisms, explores whether postal reform is warranted in the United States today. To do so, this Note examines the origins of the public/private dichotomy inherent in the delivery of post and parcel, governmental regulation of the United States Postal Service and its private competitors, and the monopolies possessed by the United States Postal Service. It then analyzes …

Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines

Research to Practice Series, Institute for Community Inclusion

Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.

Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs

Dalhousie Law Journal

What an honour it is to deliver the first Innis Christie lecture in labour and employment law. My career and Innis' developed in parallel. Our very first publications dealt with tort liability for strikes; our early research dealt with collective labour law; we worked together on a labour law casebook; we both shuffled sideways from labour law into administrative law and lurched from there into legal ethics; we both became labour mediators and arbitrators and then-a logical progression-deans of law. Finally, we both worked on government policy studies, starting with the Woods Task Force in the mid-1960s, though Innis became …

Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil

Dalhousie Law Journal

For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did notprovide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of the Charter's rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could …

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dalhousie Law Journal

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …

Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam

Dalhousie Law Journal

North American union certification violates workers' freedom of association, a fundamental human right well established by the International Labour Organization (ILO); by denying workers the right to be represented when a majority of their co-workers does not favour a union. In Canada, the Supreme Court has drawn on ILO standards to recognize a constitutional right to bargain collectively and organize as part of freedom of association under section 2(d) of the Charter of Rights and Freedoms. However, such recognition of the ILO principles has, as yet, to translate into legislation that would provide non-exclusive, non-majority union representation, at least in …

Why The Right-Freedom Distinction Matters Tolabour Lawyers-And To All Canadians, Brian Langille

Dalhousie Law Journal

This lecture is about very basic legal ideas such as rights, freedoms, and the distinction between them. It makes the argument that clear thinking about these basic ideas is required and that when these ideas are neglected we have a recipe for real legal confusion. More than that, a failure to attend to these basic concepts and their relationship can produce, as it has in recent Supreme Court of Canada Charter cases on "Freedom of Association," a real threat to the fundamental freedoms of all Canadians