Labor and Employment Law Commons^™

Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering

BYU Law Review

No abstract provided.

Vol. 13, No. 3, Steven Mark Bierig

The Illinois Public Employee Relations Report

Contents:

Discipline for Off-Duty Conduct: Can (And If So, When Should) Big Brother Watch?, by Steven Mark Bierig

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh

Washington International Law Journal

The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …

"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis

Washington Law Review

Congress passed the Age Discrimination in Employment Act (ADEA) to prohibit discrimination against older workers. The legislative history of the ADEA shows that Congress recognized that this discrimination most commonly stemmed from inaccurate stereotypes about the older worker. A review of ADEA cases decided between 1984 and 1995 demonstrates the frequent incidence of cases in which older workers allegedly were fired or not hired because of the higher salaries typically earned by these relatively experienced workers. This review also reveals that, applying an unduly mechanical version of the McDonnell Douglas/Burdine test, courts did not effectively identify (1) employment actions purportedly …

Farris V Merks Farms Ltd, Innis Christie

Innis Christie Collection

The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with …

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.

Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson

West Virginia Law Review

No abstract provided.

North Star Steel Company V. Thomas: Time For Warning, Vanessa Zyla Goddard

West Virginia Law Review

No abstract provided.

The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.

The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing

West Virginia Law Review

No abstract provided.

Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas

Research to Practice Series, Institute for Community Inclusion

This summary of a qualitative study reports the results of focus groups with administrators and counselors in Massachusetts's vocational rehabilitation agency. The findings highlight differences in perspectives on how the 1992 Rehabilitation Act Amendments have been implemented.

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Cornell Law Faculty Publications

A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton

Faculty Scholarship

This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …

Representing Business Clients In 1996, Oregon Law Institute, David Culpepper, Barnes H. Ellis, N. Robert Stoll, Steven D. Stadum, Peter R. Jarvis, Bradley F. Tellam, Claudia K. Powers, Corbett Gordon, Frank X. Curci, Micah D. Stolowitz, Jere M. Webb

Oregon Law Institute, 1996

Course Materials from the May 3, 1996 Program in Portland

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1995 decisions of the United States Court of Appeals for the Eleventh Circuit that addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the National Labor Relations Act ("NLRA), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA7).

Unlike the past few years, this survey year the Eleventh Circuit did not decide many cases which involved labor law issues. There were numerous unpublished opinions by the Eleventh Circuit dealing with the …

Employment Discrimination, John F. Dickinson, F. Damon Kitchen

Mercer Law Review

The employment law docket of the Eleventh Circuit last year was a reflection of the general state of employment-related litigation in all but one respect. It included a large number of decisions, many of which turned on complicated procedural issues arising out of trial practice before juries. On the other hand, as in previous years the court of appeals published no opinion concerning a disability claim under the Americans With Disabilities Act of, 1990. These are sure to come.

Consistent with the tradition of past articles on this topic, this survey does not attempt to include all opinions that touch …

Mckennon V. Nashville Banner Publishing Company: Progression Of The After-Acquired Evidence Doctrine, Lauren L. Logan

Mercer Law Review

In McKennon v. Nashville Banner Publishing Co., the United States Supreme Court held that after-acquired evidence of employee wrongdoing that would have led to termination on lawful and legitimate grounds does not bar the employee from all relief sought under an employment discrimination action. The plaintiff, Christine McKennon, had worked for the defendant, Nashville Banner Publishing Company, for thirty years when, as claimed by Banner, she was discharged as part of a work force reduction plan. McKennon, who was sixty-two years old at the time of her discharge, claimed that her termination was based on her age. She filed …

Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth

BYU Law Review

No abstract provided.

Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman

Faculty Publications

Introduction In a recent article in the North Carolina Law Review, Louisiana State University Law Professor William R. Corbett proposes an innovative solution to the contentious issue of the right of employers to permanently replace economic strikers pursuant to the National Labor Relations Act (“NLRA” or “Act”). Professor Corbett's proposal is based on two arguments. First, he argues that the current legal distinction between “economic” and “unfair labor practice” strikes -- whereby employers are prevented from permanently replacing employees striking over employer unfair labor practices but may permanently replace employees striking over economic issues -- is a useful one and …

Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner

University of Arkansas at Little Rock Law Review

No abstract provided.

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler

Brigham Young University Journal of Public Law

No abstract provided.

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick

Washington and Lee Law Review

No abstract provided.

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.

Employee Representation In Economies In Transition: Discussion, Christopher J. O'Leary

Conference Papers

No abstract provided.