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Articles 7381 - 7410 of 11179

Full-Text Articles in Labor and Employment Law

Labor Law, Industrial Relations And Employee Choice: The State Of The Workplace In The 1990s: Hearings Of The Commission On The Future Of Worker-Management Relations, 1993-94, Richard N. Block, John Beck, Daniel H. Kruger Jan 1996

Labor Law, Industrial Relations And Employee Choice: The State Of The Workplace In The 1990s: Hearings Of The Commission On The Future Of Worker-Management Relations, 1993-94, Richard N. Block, John Beck, Daniel H. Kruger

Upjohn Press

Block, Beck and Kruger present detailed examples from the testimony given during the Commission on the Future of Worker-Management Relations (commonly called the Dunlop Commission) national and regional hearings. The Commission, by hearing from a wide range of stakeholders, sought to define the state of industrial relations and labor law in the U.S. during the 1990s. Because the Commission's final reports were concerned with policy matters, they only briefly summarized the testimony. This volume draws deeply from the testimony, citing many examples that clearly illustrate the wide variety of relationships between workers and management today. In addition, it shows how …

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Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland Jan 1996

Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland

Indiana Law Journal

No abstract provided.

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Crafting A Corporate Code From Scratch, Uriel Procaccia Jan 1996

Crafting A Corporate Code From Scratch, Uriel Procaccia

Cardozo Law Review

In the summer of 1982 1 was contacted by the incumbent Minister of Justice of the State of Israel, Mr. Moshe Nissim. Nissim asked me to accept the commission of drafting a brand new and fully cohesive corporate code to replace our current, antiquated Companies Ordinance. I consented at once. Having consented, it occurred to me to reflect on the meaning of that little word, "cohesive," which was used-quite inadvertently, I presume-in Minister Nissim's solicitation. I finally came to interpret it as a sort of puzzle, or perhaps a quiz, which the resulting product, the corporate code, was crafted to …

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Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr. Jan 1996

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …

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Does Title Vii Allow For Liability Against Individual Defendants?, Kendra Samson Jan 1996

Does Title Vii Allow For Liability Against Individual Defendants?, Kendra Samson

Kentucky Law Journal

No abstract provided.

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Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone Jan 1996

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

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Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Peter Siegelman, Ian Ayres Jan 1996

Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Peter Siegelman, Ian Ayres

Faculty Articles and Papers

The debates over the passage of Title VII of the 1964 Civil Rights Act' were marked by passionate disagreement: conservatives objected to the legislation as an unwarranted interference with employers' freedom of contract, while liberal supporters considered it a first step toward racial justice. While disagreement about what employment discrimination law should do has continued-in much the same form-to this day, there has been surprising consensus about the mechanism by which Title VII actually works: whether it is thought of as inadequate or excessive, Title VII is usually presumed to promote the hiring of those it is designed to protect.'The …

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Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock Jan 1996

Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock

Hofstra Labor & Employment Law Journal

No abstract provided.

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Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal Jan 1996

Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal

Hofstra Labor & Employment Law Journal

No abstract provided.

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Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman Jan 1996

Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman

Hofstra Labor & Employment Law Journal

No abstract provided.

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Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld Jan 1996

Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld

Hofstra Labor & Employment Law Journal

No abstract provided.

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Violence In The Workplace: Reevaluating The Employer's Role, Ann E. Phillips Jan 1996

Violence In The Workplace: Reevaluating The Employer's Role, Ann E. Phillips

Buffalo Law Review

No abstract provided.

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Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii Jan 1996

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

Scholarly Works

Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …

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Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii Jan 1996

Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii

Scholarly Works

This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million …

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Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley Jan 1996

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

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Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King Jan 1996

Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King

Washington and Lee Law Review

No abstract provided.

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The Impact Of Sweden's Accession Into The European Union On Its Social And Labor Policies, Matthew H. Wexley Jan 1996

The Impact Of Sweden's Accession Into The European Union On Its Social And Labor Policies, Matthew H. Wexley

Cardozo Journal of International and Comparative Law

The European Union has evolved beyond its initial economic focus, now addressing labor and social laws through mechanisms like the Social Charter and the Agreement on Social Policy. Sweden, with its robust labor unions and progressive social policies, faces challenges as it integrates into the EU, balancing its high standards with the need for harmonization. The EU must establish minimum labor standards to prevent a race to the bottom, while Sweden should leverage its influence to maintain its model and promote active labor market policies.

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Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue Jan 1996

Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue

Villanova Law Review (1956 - )

No abstract provided.

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"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo Jan 1996

"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo

University of Richmond Law Review

This is a paper with a modest goal about an immodest topic: how mankind does God's work in this world. In particular, I address a small part of this rather large question: how do religiously affiliated schools make their modest contribution to this work? More particularly, who gets chosen to be a laborer in bringing in the plentiful harvest. The laborer is the teacher or administrator, the vineyard is the religiously affiliated university or college of the late twentieth century United States. Consequently, I address employment practices: who gets hired as a laborer and by what criteria is this special …

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Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman Jan 1996

Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman

Hofstra Labor & Employment Law Journal

This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.

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Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne Jan 1996

Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne

Hofstra Labor & Employment Law Journal

No abstract provided.

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Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss Jan 1996

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Hofstra Labor & Employment Law Journal

No abstract provided.

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A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo Jan 1996

A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo

Hofstra Labor & Employment Law Journal

No abstract provided.

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First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman Jan 1996

First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman

Hofstra Labor & Employment Law Journal

No abstract provided.

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Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin Jan 1996

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Hofstra Labor & Employment Law Journal

No abstract provided.

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Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy Jan 1996

Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak Jan 1996

The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak

Hofstra Labor & Employment Law Journal

No abstract provided.

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Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo Jan 1996

Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo

Hofstra Labor & Employment Law Journal

No abstract provided.

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Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes Jan 1996

Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes

University of Michigan Journal of Law Reform

In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.

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Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas Jan 1996

Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas

University of Michigan Journal of Law Reform

Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.

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