Labor and Employment Law Commons^™

The Case Against Regulating The Market For Contingent Employment, Maria O'Brien Hylton

Washington and Lee Law Review

No abstract provided.

The Rise Of The Contingent Work Force: The Key Challenges And Opportunities, Richard S. Belous

Washington and Lee Law Review

No abstract provided.

The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt

Washington and Lee Law Review

No abstract provided.

The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab

Washington and Lee Law Review

No abstract provided.

Contingent Lives: The Economic Insecurity Of Contingent Workers, Mary E. O'Connell

Washington and Lee Law Review

No abstract provided.

The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii

Michigan Law Review

This Note argues that courts should adopt a narrow reading of the employment contract exception to the FAA, thus making arbitration agreements in most individual employment contracts enforceable under the Act. Part I argues that a textual analysis of the FAA supports a narrow interpretation of the exception. Because some courts and commentators have argued that the text favors a broad interpretation, Part II examines the legislative history of the exception and demonstrates that no firm conclusions can be drawn about congressional intent regarding the exception's scope. Finally, Part III demonstrates that a narrow reading of the exception best serves …

Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, as amended 'Title VII," prohibits sexual harassment in the workplace.' The courts have created two categories of sexual harassment. The first, quid pro quo sexual harassment, occurs when a supervisor requires sexual consideration from an employee in exchange for job benefits. The second, hostile work environment sexual harassment, occurs when an employee is subjected to unwelcome sexual harassment that affects a term, condition, or privilege of employment. The victim must prove that the harassment is sufficiently severe or pervasive to alter the conditions of hers employment and create an abusive working …

Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa

Washington International Law Journal

This Article examines the influences of foreign law on Japanese labor relations law and the process by which foreign legal concepts have been domesticated, focusing in particular on the provisions, interpretation, and operation of the Trade Union Law of 1949. Acting on the constitutional right to organize and to bargain and act collectively, the Japanese Diet established the framework for Japanese labor relations law by enacting the Trade Union Law of 1945 which was subsequently amended in 1949. While European constitutions appear to be the model for the constitutional provision regarding the right of workers to organize and German influence …

Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver

Michigan Law Review

A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV

Hooters: Should There Be An Assumption Of Risk Defense To Some Hostile Work Environment Sexual Harassment Claims?, Kelly C. Timmons

Vanderbilt Law Review

In 1993 several former waitresses at the restaurant "Hooters" sued the chain for sexual harassment. The lawsuits alleged that Hooters established a work environment in which its customers felt free to make sexual comments and advances to its waitresses.' Examples of the offensive nature of the work environment included the name of the restaurant ("Hooters," a slang term for women's breasts) and the sexually provocative uniforms the waitresses were required to wear. Responses to the lawsuits varied widely. Some individuals took the view that Hooters should be found liable for the sexual harassment of its waitresses by its customers, while …

The Forgotten Interest Group: Reforming Title Vii To Address The Concerns Of Workers While Eliminating Sexual Harassment, Hannah K. Vorwerk

Vanderbilt Law Review

Since 1980, Equal Employment Opportunity Commission ("EEOC") guidelines have made employers liable for harassment perpetrated by their agents and supervisory employees, and, in some cases, for harassment occurring between co-workers in their employ. In 1991, Congress amended Title VII (the "Act") to provide compensatory and punitive damages for victims of sexual harassment. The increased damages heightened the stakes in lawsuits concerning employer liability for sexual harassment, and thus provided increased incentives for employers to implement sexual harassment policies and to discipline harassers.

The extant EEOC guidelines already had defined sexual harassment broadly to include "verbal or physical conduct of a …

Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen

North Carolina Central Law Review

No abstract provided.

Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman

Faculty Publications

In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.

Enough Is Enough: Pre Se Constructive Discharge For Victims Of Sexually Hostile Work Environments Under Title Vii, Sarah H. Perry

Washington Law Review

In Title VII sexual harassment cases based on hostile work environments, application of the constructive discharge doctrine imposes unfair burdens on claimants. A finding of constructive discharge requires a greater severity or pervasiveness of harassment than that required for finding a hostile work environment. This forces many hostile environment victims to remain in abusive and intolerable conditions because they cannot afford to resign. Unless found constructively discharged by their employers, victims who quit their jobs cannot recover back pay for the period between resignation and judgment. The incorrect and inconsistent application of the constructive discharge doctrine in sexually hostile environment …

The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman

Faculty Publications

During the debate leading to the passage of the North American Free Trade Agreement (“NAFTA”), a great deal of concern focused on the effect that a trade agreement such as the NAFTA might have on workers' rights. As a condition for the ratification of the NAFTA, Congress provided that the treaty would not “enter into force until the three countries enact their own national agreement on labor cooperation.” In response to this concern, the three signatory countries negotiated the North American Agreement on Labor Cooperation (“NAALC” or “Labor Agreement”). The NAALC establishes a formal and elaborate procedure to settle complaints …

A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski

University of the District of Columbia Law Review

No abstract provided.

Sex, Love Letters, And Vicious Rumors: Anticipating New Situations Creating Sexually Hostile Work Environments, Chad W. King

Brigham Young University Journal of Public Law

No abstract provided.

Worker Profiling And Due Process, P. Maureen Bock-Dill

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

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

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Effects Of The Trend Toward Tightening Eligibility Conditions For Entitlement To Unemployment Compensation, Walter N. Adams

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Clarifying The Nonmonetary Eligibility Conditions In The Unemployment Insurance System, Amy B. Chasanov

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Are Non-English Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Timeliness Of Appeals: Improved Federal Oversight Is Needed, Cynthia L. Rice, Sharon M. Dietrich

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Interstate Claims And Unemployment Compensation, Mark D. Estrele, Jane Greengold Stevens

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of The Unemployment Insurance Program, John C. Gray

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Cardozo Law Review

In an Article published recently in this journal, Stanley Gacek, an attorney working with the United Food and Commercial Workers International Union in the United States, takes issue with my analysis of the political consequences of corporatist and contractualist labor law models, especially as applied to the current situations in Brazil and the United States. Despite our many major disagreements, I welcome Gacek's response to my Article and his effort to expand public discussion of the alternative legal-institutional forms of democratic labor organization. Unfortunately, in the course of developing his own position Gacek seriously misrepresents my views. He also misunderstands …

An End To Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Larry Norton, Marc Linder

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Unemployment Compensation In A Time Of Increasing Workfamily Conflicts, Martin H. Malin

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Due Process Implications Of Telephone Hearings: The Case For An Individual Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.