Labor and Employment Law Commons^™

Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella

Indiana Law Journal

No abstract provided.

Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan

Vanderbilt Law School Faculty Publications

Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast to the human capital theory, job match theory implies that women's wages are not directly affected by their discontinuous labour force participation. Using samples of women workers from three data sets, the authors estimate structural models of the wage-tenure relation which control directly for job match quality, and find evidence of a strong positive relation between wages and tenure.

4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner

Continuing Legal Education Materials

Materials from the 4th Biennial Employment Law Institute held by UK/CLE in June 1994.

Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research

Reports

The guidelines presented in this report propose an efficient architecture for structuring the huge volume of information flow necessary to manage and administer the several labor market programs operated by the System of Labor Offices (SOLO). The proposal includes a recommendation for the sequence of events in developing the many parts of the system which exploits the latest technical and methodological possibilities, but recognizes the practical constraints of time and money. At the heart of the proposed automated management information system (MIS) to support planning, evaluation, and budgeting for labor market programs in Poland is a set of performance indicators. …

Prison Labor Under State Direction: Do Inmates Have The Right To Flsa Coverage And Minimum Wage?, James K. Haslam

BYU Law Review

No abstract provided.

Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott

Innis Christie Collection

This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …

Vol. 11, No. 2, Richard J. Gonzalez

The Illinois Public Employee Relations Report

Contents:

Hicks and Hazen Paper: Blessings for Employers or Blessings in Disguise for Employment Discrimination Plaintiffs?, by Richard J. Gonzalez

Recent Developments, by the Student Editorial Board

Announcements

Further References, compiled by Margaret A. Chaplan

The Worker Participation Conundrum: Does Prohibiting Employer-Assisted Labor Organizations Prevent Labor-Management Cooperation?, Robert B. Moberly

Washington Law Review

Worker participation and labor-management cooperation have been important concepts in labor relations for more than a decade. Recently, some proponents of labor management cooperation have argued that the statutory prohibition against employer assistance to labor organizations contained in section 8(a)(2) of the National Labor Relations Act has hampered the development of worker participation programs and ought to be repealed or modified. Others are opposed both to repealing the prohibition and to labor-management cooperation in general. This Article argues that worker participation and labor-management cooperation are beneficial and ought to be encouraged; nonetheless, the prohibition against employer-assisted labor organizations is important …

Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker

West Virginia Law Review

No abstract provided.

Restoring Balance To Collective Bargaining: Prohibiting Discrimination Against Economic Strikers, William D. Turner

West Virginia Law Review

No abstract provided.

Paying The Price Of Judicial Activism Under The Wage Payment And Collection Act, Elizabeth D. Harter

West Virginia Law Review

No abstract provided.

A Guide To Self-Insurance Under The West Virginia Workers' Compensation System, Timothy E. Huffman

West Virginia Law Review

No abstract provided.

Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.

Extending Excelsior, Leonard Bierman

Indiana Law Journal

No abstract provided.

Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr.

West Virginia Law Review

No abstract provided.

Law And Union Power: Thoughts On The United States And Canada, James B. Atleson

Buffalo Law Review

No abstract provided.

The Making Of The Model Employment Termination Act, Theodore J. St. Antoine

Washington Law Review

Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.

Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien

Faculty Scholarship

One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

The Dubious Title Vii Cause Of Action For Sexual Favoritism, Michael J. Phillips

Washington and Lee Law Review

No abstract provided.

Sullivan V. Scoular Grain Co.: Apportioning The Fault Of Immune Employers, Dale T. Hansen

BYU Law Review

No abstract provided.

The Race To The Courthouse: Conflicting Views Toward The Judicial Review Of Osha Standards, David R. Cherrington

BYU Law Review

No abstract provided.

The Public Policy Exclusion And Insurance For Intentional Employment Discrimination, Sean W. Gallagher

Michigan Law Review

This Note argues that courts choosing to apply the public policy exclusion to insurance for intentional employment discrimination liability should nevertheless permit employers to enforce insurance covering negligent supervision liability and liability imputed to an employer as a result of the intentional discrimination committed by its employees. Part I establishes a framework for understanding the cases in which courts have invoked public policy to refuse enforcement of insurance contracts, arguing that the rationale behind the public policy exclusion is utilitarian and that courts refuse to enforce insurance for liability arising out of intentional wrongdoing on the grounds that such insurance …

Beyond Reasonable Accommodation: The Availability And Structure Of A Cause Of Action For Workplace Harassment Under The Americans With Disabilities Act, Frank S. Ravitch

Cardozo Law Review

Employment discrimination law has undergone a metamorphosis in the last few years. New legislation and judicial interpretation of existing legislation have broadened the rights available to the victims of discrimination, and have created new duties with which employers must comply. The passage of the Americans with Disabilities Act added one of the largest pieces to the new employment discrimination puzzle. Because the ADA is still in the early stages of development, it is essential to define the bases for potential causes of action under the Act, and to delineate workable structures for analyzing those causes of action.

Fathers And Parental Leave, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Just When You Thought It Was Safe . . . Nannygate Ii: The Sequel, Martin J. Katz, Christopher Leh

Sturm College of Law: Faculty Scholarship

The "Nannygate" scandal that erupted in the wake of Zoe Baird's failed attorney general nomination and Judge Stephen Breyer's aborted Supreme Court nomination has subsided. Most employers of domestic workers now realize they must comply with certain tax and immigration requirements. However, what they may not realize is that they might be violating the law concerning the most fundamental aspect of the employment relationship: how much they pay their domestic employees. Most people understand that nondomestic employees are subject to minimum wage, overtime and recordkeeping requirements of the federal Fair Labor Standards Act ("FLSA"). What is not so obvious is …

Vol. 11, No. 1, Robert Creamer

The Illinois Public Employee Relations Report

Contents:

The Case for National Health Insurance, by Robert Creamer

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

St. Mary's Honor Ctr. V. Hicks: The Court's Reinterpretation Of The Mcdonnell Douglas Framework In A Title Vii Case - Can The Plaintiff Win Without A "Smoking Gun"?, Glenn H. Egor

Hofstra Labor & Employment Law Journal

No abstract provided.

Rekindling Labor Law Successorship In An Era Of Decline, Wilson Mcleod

Hofstra Labor & Employment Law Journal

No abstract provided.

Individual Protection Crumbles While Sovereignty Reigns: A Comment On Saudi Arabia V. Nelson, Steven Weisman

Hofstra Labor & Employment Law Journal

No abstract provided.