Labor and Employment Law Commons^™

Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry

University of Richmond Law Review

No abstract provided.

Employment And Training Policy In The United States During The Economic Crisis, Christopher J. O'Leary, Randall W. Eberts

Conference Papers

No abstract provided.

Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman

BYU Law Review

No abstract provided.

Vol. 26, No. 4, Betty Cox, Perry A. Zirkel

The Illinois Public Employee Relations Report

Contents:

School Boards' Adverse Employment Actions Against Superintendents: An Empirical Analysis of the Case Law, by Betty Cox and Perry A. Zirkel

Recent Developments

Employment Law - Antidiscrimination - Heading Toward Federal Protection For Sexual Orientation Discrimination?, Matthew Barker

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo

University of Arkansas at Little Rock Law Review

No abstract provided.

The Paradox Of Public Sector Labor Law, Martin H. Malin

Indiana Law Journal

William R. Stewart Lecture

When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook

North Carolina Central Law Review

No abstract provided.

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang

William & Mary Law Review

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …

The Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, Nancy M. Modesitt

All Faculty Scholarship

Since the Supreme Court’s 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …

Summary Of Ozawa V. Vision Airlines, Inc., 125 Nev. Adv. Op. No. 16, Nick Portz

Nevada Supreme Court Summaries

Consolidated appeals considering two issues: (1) whether to recognize a new exception to the at-will employment doctrine and to allow a claim for tortious discharge related to an employee’s termination for attempting to organize his fellow employees; and (2) whether the district court abused its discretion in its resolution of respondents’ request for attorney fees and costs.

Testimony On The Employment Non-Discrimination Act (Enda) And The Religious Exemption : Hearing Before The H. Comm. On Education And Labor, 111th Cong., Sept. 23, 2009 (Statement Of Adjunct Professor David N. Saperstein, Geo. U. L. Center), David N. Saperstein

Testimony Before Congress

We are long past the point when our laws should permit discrimination against any individual because of their sexual orientation. Just as we do not tolerate behavior that discriminates based on race, gender, national origin or religion, so should we be clear about discrimination based on the characteristic of being gay or lesbian. For many of America’s faith traditions, this is a religious value. It is a moral value. And for all of us, it is of great social and economic value, as evidenced by the nearly 90% of Fortune 500 companies that already have policies consistent with ENDA. They …

Evaluating Wia Using Administrative Data, Kevin Hollenbeck

Conference Papers

No abstract provided.

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a …

Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran

Buffalo Public Interest Law Journal

No abstract provided.

Chinese Coal Mines--The Industrial Death Trap, Amber Mehmood

Department of Emergency Medicine

No abstract provided.

The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara J. Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …

Flexible Work Arrangements And Low-Wage Work: Presentation By Liz Watson, Liz Watson

Conferences, Panels, and Events

Presentation given by Liz Watson, Legislative Counsel, Workplace Flexibility 2010, during a briefing titled "Flexible Work Arrangements and Low-Wage Work." This event was held on July 8, 2009, and presented by Workplace Flexibility 2010 and the New America Foundation.

Improving Work Schedules In Hourly Jobs, Susan J. Lambert

Conferences, Panels, and Events

Slides of presentation given by Susan J. Lambert, Associate Professor, University of Chicago, at a briefing titled "Flexible Work Arrangements and Low-Wage Work." This event was held on Wednesday, July 8, 2009, and presented by Workplace Flexibility 2010 and the New America Foundation.

Vol. 26, No. 3, J. Stuart Garbutt

The Illinois Public Employee Relations Report

Contents:

Recent and Potentially Forthcoming Developments in Federal Regulation of the Workplace, J. Stuart Garbutt

Recent Developments

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

Articles

Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Data Note: Work Incentives And Ssi Recipients With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Congress has enacted a number of work incentive programs for Supplemental Security Income (SSI) recipients with disabilities after concluding additional incentives were necessary to help individuals become self-supporting. Moreover, Congress has noted that individuals who could work outside of sheltered workshops might have been discouraged from doing so by the fear of losing their benefits before they had established for themselves the capability for continued self-support. In this Data Note, we explore the degree to which SSI recipients with Intellectual Disabilities (ID) work and participate in these incentive programs.

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.

How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman

University of Michigan Journal of Law Reform

This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …

A Historical Overview Of The Fair Labor Standards Act, Pamela Newell

Journal Articles

No abstract provided.

Height Discrimination In Employment, Isaac B. Rosenberg

W&M Law Student Publications

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

This Article specifically focuses on heightism in the workplace, with an emphasis on prejudice against short people …

Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins

Nevada Supreme Court Summaries

Certified questions from the United States District Court, District of Nevada, arising from a action by HD Supply Facilities Maint., Ltd. (“HDS”), seeking enforcement of restrictive employment covenants against its former employee, Leif Bymoen (“Bymoen”) and Bymoen’s current employer AZ Partsmaster, Inc. (“AZP”). The questions each relate to whether the Nevada rule, set forth by the Nevada Supreme Court in Traffic Control Servs. v. United Rentals,2 prohibiting the assignment of noncompetition covenants in asset purchase transactions “applies when a successor corporation acquires covenants of noncompetition, nonsolicitation, or confidentiality as a result of a merger.”

Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara J. Fick

Journal Articles

This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.