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Articles 6631 - 6660 of 11183

Full-Text Articles in Labor and Employment Law

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin Jan 2001

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.

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Genetic Testing And Employment Litigation, Harry Zanville Jan 2001

Genetic Testing And Employment Litigation, Harry Zanville

Journal of Law and Health

There are a number of very surprising studies that talk about the absolute amenability of these healthcare providers to turn over information without authority. So when we go over those kinds of facts and in some cases partial assumption together, you end up in a context where bad things can happen to good people, and that's what the Burlington Northern Santa Fe (BNSF) case really was about.

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Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin Jan 2001

Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin

Hofstra Labor & Employment Law Journal

No abstract provided.

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Mediation Research: Studying Transformative Effects, Joseph P. Folger Jan 2001

Mediation Research: Studying Transformative Effects, Joseph P. Folger

Hofstra Labor & Employment Law Journal

No abstract provided.

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Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce Jan 2001

Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann Jan 2001

The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann

Hofstra Labor & Employment Law Journal

No abstract provided.

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"Extraordinary Or Specialized Training"--As A "Legitimate Business Interest"--In Restrictive Covenant Employment Law: Florida And National Perspectives, Frank J. Cavico Jan 2001

"Extraordinary Or Specialized Training"--As A "Legitimate Business Interest"--In Restrictive Covenant Employment Law: Florida And National Perspectives, Frank J. Cavico

St. Thomas Law Review

The purpose of this article is to examine Florida statutory law and case law, as well as the law from other jurisdictions, that govern restrictive covenants which arise in the employment relationship. The analysis will center on the critical legal element essential to uphold and enforce a covenant not to compete - the "legitimate business interest" requirement. In particular, this article will focus on one important, yet perplexing, aspect thereto - the level and extent of training and/or education necessary to achieve such a protected "interest." The relevant part of the Florida restrictive covenant statute and all Florida court decisions …

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A Matter Of Class: The Impact Of Brown V. Mclean On Employee Discharge Cases, Christina M. Sautter Jan 2001

A Matter Of Class: The Impact Of Brown V. Mclean On Employee Discharge Cases, Christina M. Sautter

Villanova Law Review (1956 - )

No abstract provided.

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Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa Jan 2001

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

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Qualifying Immunity: Protecting State Employees' Right To Protect Their Employment Rights After Alden V. Maine, Raymond J. Farrow Jan 2001

Qualifying Immunity: Protecting State Employees' Right To Protect Their Employment Rights After Alden V. Maine, Raymond J. Farrow

Washington Law Review

Recent U.S. Supreme Court decisions have barred state employees from bringing private suits against their state employers to recover back wages due them as a result of having been paid in violation of the Fair Labor Standards Act (FLSA). This Comment proposes that the only method by which state employees may protect their FLSA rights on their own behalf is to bring suits against responsible state supervisory personnel in their individual capacities. Although such actions are not barred by sovereign immunity, the potential ability of state agents to invoke a defense of "qualified immunity" would severely impair state employees' ability …

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Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks Jan 2001

Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks

UIC Law Review

No abstract provided.

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Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor Jan 2001

Law As A Tool For A Sexual Revolution: Israel's Prevention Of Sexual Harassment Law- 1998, Tzili Mor

Michigan Journal of Gender & Law

Discussion of the newly enacted law will outline the theoretical underpinnings and their effect on the resultant version (Part III), followed by the legislative history, including the Knesset and the public debate surrounding the bill (Part IV), and the impact of that debate on the final outcome of the law (Part V). Part VI will pay particular attention to the innovative approach of the law as a whole and some of the revolutionary specific provisions within. In particular, the legislative framework will be considered in the context of a nation founded and conducted on traditional religious tenets of Judaism. Finally, …

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Emanuel Emroch Lecture, Symposium Keynote Address The Changing Labor Markets Of The Western Hemisphere, Richard W. Fisher Jan 2001

Emanuel Emroch Lecture, Symposium Keynote Address The Changing Labor Markets Of The Western Hemisphere, Richard W. Fisher

Richmond Journal of Global Law & Business

No abstract provided.

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Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight Jan 2001

Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight

Richmond Journal of Global Law & Business

This division of labour, from which so many advantages are derived, is not originally the effects of any human wisdom, which forsees and intends that general opulence to which it gives occasion. It is the necessary, though very slow and gradual consequence of a certain propensity in human nature which has in view no such extensive utility; the propensity to truck, barter, and exchange one thing for another.

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Legislation And Genetic Discrimination, Sharona Hoffman Jan 2001

Legislation And Genetic Discrimination, Sharona Hoffman

Journal of Law and Health

State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed …

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Harvest Of Danger: The Child Farmworker In The United States , Teresa Young Reeves Jan 2001

Harvest Of Danger: The Child Farmworker In The United States , Teresa Young Reeves

Human Rights Brief

No abstract provided.

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Equal Opportunity For Employers: Elevating The Adverse Employment Action Standard To Allow Only Meritorious Retaliation Claims, Wendy Hyland Jan 2001

Equal Opportunity For Employers: Elevating The Adverse Employment Action Standard To Allow Only Meritorious Retaliation Claims, Wendy Hyland

Kentucky Law Journal

No abstract provided.

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Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery Jan 2001

Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery

Cleveland State Law Review

Passed in response to the nineteenth century hostility towards union activity, the NLRA traditionally was viewed as a pro-union statute. However, as much as the Act contains provisions clearly aimed at protecting union activity, the Act explicitly applies to non-union employees as well as union employees. Nevertheless, many nonunion employers and employees are unaware of the existence of the NLRA despite it being the only law governing the relationship between an employer and its employees as a group in most private sector establishments in this country. This Note analyzes the conflicting history surrounding this issue and asserts that the necessary …

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Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer Jan 2001

Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer

University of Baltimore Law Review

No abstract provided.

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To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel Jan 2001

To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel

Seattle University Law Review

The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …

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Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa Jan 2001

Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa

Faculty Works

The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …

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Judicial Standard Of Review In Erisa Benefit Claim Cases, 50 Am. U. L. Rev. 1083 (2001), Kathryn J. Kennedy Jan 2001

Judicial Standard Of Review In Erisa Benefit Claim Cases, 50 Am. U. L. Rev. 1083 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy Jan 2001

The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Roberts V. Dudley: An Unnecessary Broadening Of The Public Policy Exception To The Employment-At-Will Doctrine In Washington, Brian Hersey Jan 2001

Roberts V. Dudley: An Unnecessary Broadening Of The Public Policy Exception To The Employment-At-Will Doctrine In Washington, Brian Hersey

Washington Law Review

In Roberts v. Dudley, the Supreme Court of Washington dramatically expanded the previously narrow public policy exception to the employment-at-will doctrine and created a dangerous precedent. The court held that small employers, explicitly exempt from the Washington Law Against Discrimination (VLAD), could be liable at common law for the tort of wrongful discharge in violation of Washington's public policy against sex discrimination as found in the WLAD. The tort of wrongful discharge in violation of public policy requires a finding of a "clear mandate of public policy." This Note argues the court should not have found in the WLAD …

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Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan Jan 2001

Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan

Faculty Articles

No abstract provided.

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Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear Jan 2001

Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear

Faculty Scholarship

Since 1980, District CourtJudges, designated pursuant to federal statute, have helped decide over 75,000 court of appeals cases-nearly one of every five merits decisions. Although scholars and judges have warned that the presence of these visitors on appellate panels may undermine consistency, legitimacy, or collegiality, little empirical evidence exists related to such concerns. Working with an especially complete data set of labor law opinions, the authors found that district court visitors perform in a much more diffident fashion than their appellate colleagues. They contribute notably fewer majority opinions and dissents. In addition, their participations do not reflect their professional or …

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The Changing Role Of Labor Arbitration, Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration, Theodore J. St. Antoine

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab Jan 2001

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester Jan 2001

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth Jan 2001

Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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