Labor and Employment Law Commons^™

Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center

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

No abstract provided.

A Question Of Fairness: The Proper Standard Of Review Of School Board Just And Reasonable Cause Determinations In Teacher Termination Proceedings In Idaho, John E. Rumel

Articles

No abstract provided.

Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit

Vanderbilt Journal of Entertainment & Technology Law

This note begins by reviewing the Jewel Tea line of cases that theoretically serve as the starting point for any non-statutory exemption discussion, followed by brief overviews of the contrasting Wood and Mackey lines of cases. The background section then turns to a summary of Brown--the latest Supreme Court decision relating to the collective bargaining process in professional sports--followed by a brief discussion of the NFL eligibility rule and how it differs from the recently-enacted NBA eligibility rule, which is of unquestioned legality. Finally, both the District Court and Court of Appeals decisions in Clarett are summarized.

The analysis begins …

Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan

UIC Law Review

No abstract provided.

Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart

UIC Law Review

No abstract provided.

Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy

UIC Law Review

No abstract provided.

When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer

UIC Law Review

No abstract provided.

"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy

UIC Law Review

No abstract provided.

Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii

UIC Law Review

No abstract provided.

Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson

UIC Law Review

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb

Richmond Journal of Law and the Public Interest

The decision in Clean Sweep Prof'l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia's challenging task of applying the Commonwealth's workers' compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client's position. Part II of this note explores the legal background of Virginia's statutory employee scheme, first with an overview of two relevant …

Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii

Richmond Journal of Global Law & Business

No abstract provided.

Rethinking America's Approach To Workplace Safety: A Model For Advancing Safety Issues In The Chemical Industry, Gwen Forte

Cleveland State Law Review

In Part II of this note, I analyze the impact of tort litigation, workers' compensation, collective bargaining, and the Occupational Safety and Health Act on workplace safety. I begin by describing how each of these vehicles operated historically and then I provide a contemporary perspective. In this section, I also consider the advantages and disadvantages of using these approaches to prevent and compensate for injuries. In Part III, I propose an alternative approach to workplace safety: employee board representation. In this section, I analyze and critique various methods of employee board representation and ultimately recommend a form of representation in …

"Has The Millennium Yet Dawned?": A History Of Attitudes Toward Pregnant Workers In America, Courtni E. Molnar

Michigan Journal of Gender & Law

This Article will focus on what might be considered the "prehistory" of the PDA in an attempt to shed new light on the equality/difference debate. Beginning as early as the nineteenth century, pregnant workers have been forced into either the equality approach or the difference approach depending mostly on race and class. This Article will show that, at times, both approaches restrained the autonomy of women and even caused harm to individual women and society by contributing to the development of the stereotypes and social attitudes that continue to permit pregnancy discrimination today.

The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills

Seattle University Law Review

This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …

Lack Of Meaningful Choice Defined: Your Job Vs. Your Right To Sue In A Judicial Forum, Sara Lingafelter

Seattle University Law Review

Mandatory arbitration agreements subvert an employee's constitutional right to a judicial forum and generally place unfair burdens on plaintiffs. An employee faced with the option of either signing a mandatory arbitration agreement or losing a job often has no meaningful choice. The Supreme Court, however, has failed to recognize first that Congress did not intend for mandatory arbitration to extend to Title VII claims and second, that employers often leave employees with no meaningful choice regarding mandatory arbitration. Nonetheless, state and federal judges are increasingly recognizing that arbitration agreements may be the product of procedural unconscionability. Accordingly, when employees are …

An American Tragedy: The Decline Of U.S. Unionism And Its Human Rights Implications, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards by Lance Compa. Ithaca: Cornell University Press, 2004. 220pp.

Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Donald T. Bogan, Benjamin Fu

Faculty Articles

No abstract provided.

From Race To Class Struggle: Re-Problematizing Critical Race Theory, E San Juan Jr.

Michigan Journal of Race and Law

The misconstrual of "class" as a theoretical and analytic concept for defining group or individual identity has led, especially during the Cold War period, to its confusion with status, life-style, and other ideological contingencies. This has vitiated the innovative attempt of CRT to link racism and class oppression. We need to reinstate the Marxist category of class derived from the social division of labor that generates antagonistic class relations. Class conflict becomes the key to grasping the totality of social relations of production, as well as the metabolic process of social reproduction in which racism finds its effectivity. This will …

Summary Of Pope V. Motel 6, 121 Nev. Adv. Op. 31, Collin Webster

Nevada Supreme Court Summaries

On April 5, 1996, Motel 6 hired Juanita Pope as a housekeeper. Within several months, Motel 6 promoted Ms. Pope to the position of head housekeeper. However, within the first fourteen months of Ms. Pope’s employment she was written up, warned, and suspended multiple times for tardiness and unsatisfactory job performance. In June 1997, Victoria Inman, manager of the Motel 6 where Ms. Pope worked, issued a verbal warning to Ms. Pope, telling her that she was to stop gossiping to other Motel 6 employees. Inman explained to Ms. Pope that such conduct was inappropriate for somebody in a management …

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

UIC Law Review

No abstract provided.

Land, Labor And Reparations, Guadalupe T. Luna Northern Illinois University

Cleveland State Law Review

Kim David Chanbonpin and Ronald L. Mize, Jr. bring to LatCrit two legal historical essays that connect property and labor issues to the present. The first draws from the former Mexican land base presently comprising the American Southwest. The second examines a class of "agricultural underdogs" that provided their labor to the nation's food production systems during wartime. Both articles bring real life consequences impacting our communities of color generally but gente of Mexican descent specifically. The authors' treatment of difficult questions however, extends legal engagement that demands compensation for past injuries with consequences into the present. Their assertions of …

When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth A. Rowe

UF Law Faculty Publications

Critics of the inevitable disclosure doctrine decry the inconsistency with which courts rule on these cases, and the difficulty in predicting case outcomes. They contend that courts are left to "grapple with a decidedly ... nebulous standard of 'inevitability."' Further, they claim the doctrine undermines the employee's fundamental right to move freely and pursue his or her livelihood.

Ultimately, both the problem and solution here are about fairness: fairness in the employer-employee relationship, fairness in the application of the law, and fairness in providing protection from unfair competition between competing employers. The crux of the opposition to the doctrine, in …

Reparations For Mexican Braceros - Lessons Learned From Japanese And African American Attempts At Redress , Ronald L. Mize Jr.

Cleveland State Law Review

The U.S.-Mexico Bracero Program, 1942-1964, was designed originally to be a war-time labor relief measure that brought Mexican laborers to the United States to work in the agricultural and railroad industries. Over the past six years, I have conducted field research in Colorado and California with those who were most directly impacted by the Bracero Program - the formerly contracted Mexican workers. During the summer of 2002, my research was submitted as expert testimony on behalf of Braceros in a class action lawsuit associated with the Bracero savings program. The ten percent deducted from workers' paychecks is, from my research, …

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

Law Faculty Scholarship

No abstract provided.

Adverse Employment Action In Retaliation Cases, Brian A. Riddell, Richard A. Bales

University of Baltimore Law Review

No abstract provided.

The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick

All Faculty Scholarship

In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …

Tribal Employment Separation: Tribal Law Enigma, Tribal Governance Paradox, And Tribal Court Conundrum, Matthew L.M. Fletcher

University of Michigan Journal of Law Reform

Each year, more and more people--Indians and non-Indians--are employed by Indian Tribes and Tribally-chartered organizations. However, as Tribal employment grows, so do the problems associated with personnel disputes. Tribal employment is different than traditional corporate or even government employment because Tribal communities are incredibly close-knit and Tribal governments are very accountable to their constituents. Because of this dynamic, employment separations can create excessive difficulty within a Tribe. Many Tribal courts apply the principles of the Supreme Court's decision in Loudermill, granting terminated employees the right to both an administrative and judicial hearing. However, these processes can often be incredibly painful …