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Articles 5011 - 5040 of 11179
Full-Text Articles in Labor and Employment Law
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
McGeorge Law Review
No abstract provided.
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom
May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom
UIC John Marshall Journal of Information Technology & Privacy Law
The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the …
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Hofstra Labor & Employment Law Journal
Because of an annual tax subsidy that well exceeds $100 billion, most private healthcare expenses in the United States today are covered by employer-sponsored insurance. Like other important employee-welfare benefits, employer-sponsored health insurance is regulated by the Employee Retirement Income Security Act of 1974 (ERISA) - a landmark federal statute whose primary objective was the protection of private-sector retirement savings. A rich scholarly literature has developed which addresses the effects of federal tax and regulatory policy on the structure and performance of our healthcare industry. Within legal academia, however, one issue in particular has engendered much debate: to what extent …
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting The Train On The Right Track: A Modern Proposal For Changes To The Federal Employers' Liability Act, Melissa Sandoval Greenidge
Getting The Train On The Right Track: A Modern Proposal For Changes To The Federal Employers' Liability Act, Melissa Sandoval Greenidge
McGeorge Law Review
No abstract provided.
Foreword, Margaret E. Johnson
Foreword, Margaret E. Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim
Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim
Sturm College of Law: Faculty Scholarship
The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …
Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada
Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This Article proposes that courts follow a new, integrated disparate treatment and accommodation framework for all Title VII religion claims. The integrated framework requires employees to show: (1) the employee had a sincerely held religious belief or practice that may or may not have conflicted with a work requirement; (2) the employer knew of the employee's belief; and (3) the employee was subjected to an adverse employment action. The burden would then shift to the employer to show (1) the employer was neutral, and not intentionally biased toward employee's religion in the workplace, by articulating its reasons for acting, which …
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Fordham Urban Law Journal
There is no question that litigation is expensive, but we remain puzzled as to why the solution to this problem should be arbitration. All the reasons arbitration is cheaper than litigation cut against the rights-holder or against the enforcement of laws. Commentators who argue that arbitration may be the only or best option for some rights-holders implicitly accept a deeply cynical conception of who is entitled to enjoy full remedies for a deprivation of rights. If the problem is a lack of counsel, that lack requires attention, as giving up on courts for certain segments of society is not a …
Postracial Discrimination , Girardeau A. Spann
Postracial Discrimination , Girardeau A. Spann
The Modern American
No abstract provided.
Legislative Updates , Rene Carballo
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
UIC Law Review
No abstract provided.
Is The Door Open Or Closed? Evaluating The Future Of The Federal Medical Peer-Review Privilege, 42 J. Marshall L. Rev. 561 (2009), Ghazal Sharifi
Is The Door Open Or Closed? Evaluating The Future Of The Federal Medical Peer-Review Privilege, 42 J. Marshall L. Rev. 561 (2009), Ghazal Sharifi
UIC Law Review
No abstract provided.
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
UIC Law Review
No abstract provided.
Confessions Of A Whistleblower: The Need To Reform The Whistleblower Provision Of The Sarbanes-Oxley Act, 43 J. Marshall L. Rev. 241 (2009), Jisoo Kim
UIC Law Review
No abstract provided.
Are Women-Only Trade Unions Necessary In South Korea: A Study Of Women Workers' Struggles In Korea's Labor Market Comment , Gina Kong
Northwestern Journal of International Law & Business
Recently, in response to discriminatory laws, a gendered labor market, and male-dominated unions, Korean women workers organized women- only trade unions. This comment argues that the strategy of Korean women workers to unionize apart from mainstream labor unions is a necessary and positive movement. First, the comment examines the circumstances in which the organization of Korean women's trade unions became necessary to respond to the discrimination and mistreatment of women by the Korean labor market and the inadequacy of mainstream trade unions to protect women workers. Second, the comment examines how the Korean women's trade unions have been improving the …
Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin
Journal Articles
Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Maryland Journal of International Law
No abstract provided.
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Journal of Law and Health
Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …
Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung
Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung
Institute for Asian American Studies Publications
Nepali female migrants are among the fastest-growing immigrant workforces in the South Asian community, particularly in service and domestic work in big cities of the United States. However, there has not until now been a study investigating the work experiences of Nepali immigrants/migrants employed in the service and domestic sectors in these cities. This article investigates the work experiences of Nepali female migrants who work in service and domestic/child care work in Boston and New York, focusing on examining the type and nature of women's work, labor practices, work and living conditions, women's experiences and views about their work, and …
Balancing Erisa's Anti-Alienation Provisions Against Garnishment Of A Convicted Criminal's Retirements Funds: Unscrambling The Approaches To Protecting The Retirement Nest Egg, Alan K. Ragan
University of Baltimore Law Review
No abstract provided.
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin
Journal Articles
No abstract provided.
The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal
The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal
Journal Articles
The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Villanova Law Review (1956 - )
No abstract provided.