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Articles 6901 - 6930 of 11183

Full-Text Articles in Labor and Employment Law

Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell May 1999

Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell

Brigham Young University Journal of Public Law

No abstract provided.

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Working Without Rights: Recognizing Housestaff Unionization--An Argument For The Reversal Of "Cedars-Sinai Medical Center And St. Clare's Hospital", Jennifer A. Shorb May 1999

Working Without Rights: Recognizing Housestaff Unionization--An Argument For The Reversal Of "Cedars-Sinai Medical Center And St. Clare's Hospital", Jennifer A. Shorb

Vanderbilt Law Review

Increased competition in today's health care industry has contributed to the industry's growing emphasis on cost-containment. Concerns about this focus on the bottom line have motivated some caregivers to attempt to improve working conditions and the quality of patient care through unionization. One such group, "housestaff' or "house officers," is comprised of hospital interns, residents, and fellows. These individuals are medical school graduates seeking additional training for licensure and specialization. Housestaff are often overworked, underpaid, and forced to deal with working conditions that adversely affect patient care. Such conditions force many house officers to join union organizations and seek the …

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The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh May 1999

The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh

Brigham Young University Journal of Public Law

No abstract provided.

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The 1998 Ilo Declaration On Fundamental Principles And Rights At Work: Promoting Labor Law Reforms Through The Ilo As An Alternative To Imposing Coercive Trade Sanctions, Christopher R. Coxson May 1999

The 1998 Ilo Declaration On Fundamental Principles And Rights At Work: Promoting Labor Law Reforms Through The Ilo As An Alternative To Imposing Coercive Trade Sanctions, Christopher R. Coxson

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein May 1999

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.

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The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell May 1999

The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell

Michigan Law Review

Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …

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Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie Apr 1999

Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie

Innis Christie Collection

Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …

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Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe Apr 1999

Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe

Florida State University Law Review

No abstract provided.

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There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White Apr 1999

There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White

William & Mary Bill of Rights Journal

In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …

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Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn Apr 1999

Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn

William & Mary Bill of Rights Journal

In both the case law and the literature, sexual harassment is treated as an exceptional and unique form of discrimination. In this Article, Professor Willborn expands on the Supreme Court's recent decision in Oncale v. Sundowner Offshore Services, Inc. to argue that this exceptionalism should be rejected and that harassment law should return to its roots in the broader body of antidiscrimination law. Professor Willborn begins by articulating the contours of a discrimination-centered model of sexual harassment and explaining how it differs from currently accepted views. He then reviews the Supreme Court's recent cases on sexual harassment, concluding that they …

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Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Apr 1999

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

William & Mary Bill of Rights Journal

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …

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Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett Apr 1999

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett

William & Mary Bill of Rights Journal

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …

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Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss Apr 1999

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.

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Vandevender V. Sheetz, Inc.: A Closer Look At The Framework For Review Of Punitive Damages Awards, William B. Hicks Apr 1999

Vandevender V. Sheetz, Inc.: A Closer Look At The Framework For Review Of Punitive Damages Awards, William B. Hicks

West Virginia Law Review

No abstract provided.

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The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor Apr 1999

The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor

West Virginia Law Review

No abstract provided.

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Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss Apr 1999

Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

William & Mary Bill of Rights Journal

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …

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The Plain Meaning Of Oncale, Catherine J. Lanctot Apr 1999

The Plain Meaning Of Oncale, Catherine J. Lanctot

William & Mary Bill of Rights Journal

The unanimous Supreme Court opinion in Oncale v. Sundowner Offshore Services, Inc. caught many observers by surprise. Even more surprising than the Court's unanimity on the divisive issue of same-sex harassment, however, was the author of the opinion-the deeply conservative Justice Antonin Scalia. Many commentators suggest that the opinion's requirement that plaintiffs prove that the harassment was "because of sex" will hamper lawsuits arising from single-sex work environments. Attempts to fit the decision within traditional Title VII jurisprudence inevitably will be clouded by conjecture about Scalia's true intent. Indeed, after one year of experience with Oncale, the judicial record is …

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Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans Apr 1999

Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans

William & Mary Bill of Rights Journal

No abstract provided.

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Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner Apr 1999

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.

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Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore Apr 1999

Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler Apr 1999

The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.

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The Employment Contract, Ian Ayres, Stewart J. Schwab Apr 1999

The Employment Contract, Ian Ayres, Stewart J. Schwab

Cornell Law Faculty Publications

This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.

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Do User Fees Violate Nonmember Rights?, Jerry Hartman Apr 1999

Do User Fees Violate Nonmember Rights?, Jerry Hartman

UNLV Theses, Dissertations, Professional Papers, and Capstones

User fees are moneys charged non-union members by their representative union for the purpose of processing grievances. The non-member has to request the union to represent them in order for the union to do so. They may also hirer private representation at their own cost. User fees violate the intent of right-to-work laws in Nevada. The Nevada Local Government Employee-Management Board was wrong when they allowed Union/Local 1107 to charge such fees. The "Executive Board Policy" posted by Local 1107 on union bulletin boards announcing the fees for representation was coercive and discriminatory. According to survey, 40% of the respondents …

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Personal Liability For Sexual Harassment Under The Washington Law Against Discrimination, Darya V. Swingle Apr 1999

Personal Liability For Sexual Harassment Under The Washington Law Against Discrimination, Darya V. Swingle

Washington Law Review

Personal liability for sexual harassment stands at the forefront of employment law and the American political conscience. Title VII of the Civil Rights Act and the Washington Law Against Discrimination both enjoin employers from engaging in sexual harassment. The federal circuit courts have uniformly held that individual employees are exempt from personal liability for sexual harassment under Title VII because they do not fit the statutory definition of "employer." Washington courts have yet to address the issue under state law. This Comment argues that the correct interpretation of the Washington Law Against Discrimination bars individuals from personal liability for sexual …

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The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig Apr 1999

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world. As I …

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Cpaa V Canada Post Corp, Innis Christie Mar 1999

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …

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Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Mar 1999

Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.

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Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak Mar 1999

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …

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Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr Mar 1999

Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr

Washington and Lee Law Review

No abstract provided.

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Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone Mar 1999

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

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