Labor and Employment Law Commons^™

Case Studies Of Local Boards And One-Stop Centers: Tackling Fiscal Issues, Heike Boeltzig, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act of 1998 (WIA) established a network of One-Stop Career Centers by integrating different employment and training services into one comprehensive workforce investment system. Within this environment, One-Stop partners are mandated to collaborate to create a seamless service delivery system that enhances access to services and improves employment outcomes for all individuals, including those with disabilities. WIA's intent was to establish local workforce development systems that would respond to their areas' specific needs with unique solutions and creative partnerships. In addition to service delivery, WIA encourages One-Stop partners to share in the operating costs of the One-Stop …

Case Studies Of Local Boards And One-Stop Centers: Creative Involvement Of Community-Based Disability Organizations At One-Stop Career Centers, Jaimie Ciulla Timmons, Heike Boeltzig

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) facilitates partnerships among organizations for more coordinated service delivery to all job seekers. Although the state Vocational Rehabilitation (VR) agency is the only disability agency or program that is a mandated partner under WIA, community-based disability organizations (CBOs) can also work with One-Stop Career Centers to enhance their capacity to support customers with disabilities. Through case study research, the Institute for Community Inclusion identified several models of involvement between CBOs and One-Stops. These models illustrate that organizations can be creative in developing their partner roles to meet the needs of both their staff and their …

Risky Business: What Must Employers Do To Shield Against Liability For Employee Wrongdoings In The Internet Age?, Nicole J. Nyman

Washington Journal of Law, Technology & Arts

Recent suits filed by the recording industry have raised the issue of employer liability for copyright infringement by employees. In fact, legal consequences for an employer do not end with copyright infringement liability, but extend into many other areas. This Article discusses several legal concerns raised by employee Internet use and examines steps an employer should take to minimize or avoid liability for inappropriate employee actions, including a discussion of benefits and drawbacks to various approaches.

Superimposing Title Vii's Adverse Action Requirement On First Amendment Retaliation Claims: A Chilling Prospect For Government Employee Speech, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Vol. 22, No. 1, Claire A. Manning

The Illinois Public Employee Relations Report

Contents:

The Conundrum of Leaves, by Claire A. Manning

Recent Developments

Further References, compiled by Yoo-Seong Song

Reports, Awards And Opinions 2005-2006-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Entergy Nuclear Operations, Incorporated and the United States Postal Union, among others.

Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss

Faculty Scholarship

I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.

Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai

Richmond Journal of Global Law & Business

No abstract provided.

Reports, Awards And Opinions 2005-2006-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Grand Central Partnership, Narraganseit Electric Company, and Verizon Information Services, among others.

Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Going Home To Stay: A Review Of Collateral Consequences Of Conviction, Post-Incarceration Employment, And Recidivism In Ohio, Marlaina Freisthler, Mark A. Godsey

Faculty Articles and Other Publications

Currently, Ohio's legislative and administrative schemes dealing with employment are unduly punitive toward convicted felons. This article suggests an alternative approach to achieve the same legitimate purposes that the current scheme purports to serve. The first part of the article is a general discussion of collateral consequences. The second part discusses the manner in which collateral consequences can be imposed to achieve inappropriate results and describes the ABA's recent Criminal Justice Standards on collateral consequences as a method to avoid inappropriate results. The third part evaluates Ohio's efforts to return prisoners to communities following conviction and the effect that current …

The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh

Faculty Articles and Other Publications

Empty Vessel explores both the positive and normative questions of what the contractually implied obligation of good faith does and should require of contracting parties. The Article attempts to assess and evaluate the ways in which courts are currently employing the good faith doctrine in contract disputes, as part of a larger project whose goal is to re-conceive and reinvigorate the private law doctrine of good faith as one that might assist in effecting the public law norm of equality. Empty Vessel identifies two dominant theoretical approaches to how to define good faith, which I refer to as the fairness …

Disparate Impact Of Negative Impact: Future Of Non-Intentional Discrimination Claims Brought By The Elderly, Sandra F. Sperino

Faculty Articles and Other Publications

In 2005, the U.S. Supreme Court interpreted the Age Discrimination in Employment Act (ADEA) as permitting plaintiffs to proceed under a disparate impact theory of discrimination. This decision affirms that plaintiffs who are at least forty years old may challenge employment decisions resulting from policies that are neutral on their face but have a disproportionate impact on individuals in the protected class.

Although this decision was heralded as a new tool to fight age discrimination in employment, Professor Sperino argues that the decision will have serious and detrimental effects on the ability of elderly employees to seek redress for unfavorable …

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Internal Revenue Service’S Proposed Phased Retirement Regulations: Summary Of Comments, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Eligibility For Medical Leave Under The Fmla, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits eligible workers to take up to 12 weeks per year of unpaid leave for medical reasons—either their own or those of an immediate family member. In the case of personal medical leave, an employee is entitled to leave for medical conditions that constitute “serious health conditions” and that make an employee unable to perform the functions of his or her position. The FMLA statute defines “serious health condition” as: “an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.” …

Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Intermittent Leave And Reduced Schedule Leave Under The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits workers who meet certain conditions to take up to 12 weeks per year of unpaid leave for medical or family care reasons. This memorandum discusses the statutes, legislative history and regulations pertinent to intermittent and reduced schedule leave, as well as select case law.

To give workers not just the time but also the flexibility to balance the demands of work and family, the FMLA allows workers to take leave on an intermittent basis (e.g., a few hours per week to attend a standing medical appointment) or on a reduced …

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher

Hofstra Labor & Employment Law Journal

Former Supreme Court plaintiff Beth Ann Faragher ruminates on the circumstances that led to the Supreme Court's landmark decision in Faragher v. City of Boca Raton. For Ms. Faragher, the case was about much more than the monetary issue involved, specifically whether she should have been awarded $1.00 under Title VII. The case became, in her words, "a national issue of human dignity and civil rights."

Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang

Hofstra Labor & Employment Law Journal

This article examines two ways in which the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board should be construed narrowly. First, Hoffman's analysis - grounded in the specific purposes of the NLRA and the limited competence of the NLRB to referee apparent conflicts with other laws - cannot be fungibly imported into other statutory schemes. Second, Hoffman does not give license to defense counsel to utilize intrusive and threatening discovery tactics as a means of coercing withdrawals of claims or dismissals of plaintiffs, inasmuch as it does not address how, or even whether, discovery …

The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges

Hofstra Labor & Employment Law Journal

Professor Hodges discusses the 2004 decision of the National Labor Relations Board in IBM Corp., and how this decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to right under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. …

Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp

Hofstra Labor & Employment Law Journal

This Article provides an overview of the evolutionary developments in employment law, placed in the context of Title VII jurisprudence, with an eye toward whether we have achieved the lofty goals embodied in that legislation. Statistics covering discrimination incidents and charges filed with the EEOC are examined to trace the impact that anti-discrimination efforts have had on employment opportunities in this country. Through anecdotal evidence of the employment discrimination faced by Americans in each decade, this piece assesses the legal and social changes promised by the Act. The changes resulting from the enforcement of Title VII prohibitions are examined by …

Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung

Hofstra Labor & Employment Law Journal

No abstract provided.

Workers' Rights In The Mexican Maquiladora Sector: Collective Bargaining, Women's Rights, And General Human Rights: Law, Norms, And Practice, Joshua M. Kagan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Notice, Designation And Substitution Of Leave Requirements Under The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) imposes notice obligations on both employers and employees. Employees must give their employer notice of their need for leave by providing an FMLA-qualifying reason for leave. Employees are not, however, required to use the words “FMLA” when asking for leave. Employees must also tell their employer if they wish to substitute paid leave for unpaid FMLA leave. Finally, employees must provide their employer with two-days’ notice of their plans to return to work following leave.

Employers initially must give employees notice of their FMLA rights. Once an employee has requested leave, …