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Articles 7621 - 7650 of 11179

Full-Text Articles in Labor and Employment Law

A Call For Bright-Lines To Fix The Fair Labor Standards Act, Robert D. Lipman, Allison Plesur, Joel Katz Jan 1994

A Call For Bright-Lines To Fix The Fair Labor Standards Act, Robert D. Lipman, Allison Plesur, Joel Katz

Hofstra Labor & Employment Law Journal

No abstract provided.

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Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns Jan 1994

Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns

Campbell Law Review

To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …

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Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr. Jan 1994

Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.

Seattle University Law Review

This Article argues in support of the trend towards greater protection for workers through the deterrent factor of certain civil liability for WISHA violations resulting in injury. The Article begins by charting the evolution of Washington law on this issue. It then describes the current state of the law on this subject. Finally, it explains how Stute and its progeny are in line with the state's overall trend towards greater worker protection, consistent with the legislative intent of WISHA, and beneficial to not only employees, but employers as well.

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Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl Jan 1994

Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl

Scholarly Articles

In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.

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Fair Notice: Assuring Victims Of Unfair Labor Practices That Their Rights Will Be Respected, John W. Teeter Jr Jan 1994

Fair Notice: Assuring Victims Of Unfair Labor Practices That Their Rights Will Be Respected, John W. Teeter Jr

Faculty Articles

Employers should always be required to read notices aloud to their workers as a standard remedy for violations of the National Labor Relations Act. Such a remedy would be a small but essential step in redressing the harm inflicted on workers by an employer’s unfair labor practices. Such notices are necessary for a series of reasons. First, millions of Americans suffer from reading deficiencies and cannot comprehend a printed notice. Second, even literate employees may not happen to observe the printed notice at the workplace. Third, a mere piece of paper is unlikely to reassure victims of unfair labor practices …

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Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams Jan 1994

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams

Articles

No abstract provided.

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Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.

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A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown Jan 1994

A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown

Seattle University Law Review

This Preface briefly describes WISHA, the problems of worker safety in Washington, and the role of Labor and Industries in working to solve those problems. In Section II, this Preface addresses the status of worker health and safety in Washington. Section III describes some unique Washington programs that are to be used to combat the problems of worker safety. Section IV describes the cooperative steps that employers and workers are taking to help solve safety problems. Section V identifies new legal standards that are coming to bear on the issue of worker safety. Section VI identifies new frontiers upon which …

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Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff Jan 1994

Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff

Seattle University Law Review

The subject of this Comment is whether the actual control requirement in Hennig should also be employed to find liability in cases involving asserted statutory violations. This Comment argues that Washington courts should employ the same case-by-case control analysis used to impose the common law duty to provide a safe workplace to impose similar statutory duties on a job site owner. Part II of this Comment briefly identifies the possible sources of a job site owner's duties, including common law, contract, and statute. Part III explains the current status of job site owner liability in Washington. This Part carefully distinguishes …

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Garcia V. Spun Steak Co.: The Ninth Circuit Requires That Title Vii Plaintiffs Prove The Adverse Effect Of A Challenged English-Only Workplace Rule, Dan Clawson Jan 1994

Garcia V. Spun Steak Co.: The Ninth Circuit Requires That Title Vii Plaintiffs Prove The Adverse Effect Of A Challenged English-Only Workplace Rule, Dan Clawson

Seattle University Law Review

Although the Spun Steak decision recognizes that English-only rules may impact Title VII in some circumstances, the court held that an employer's good-faith imposition of these rules on fully bilingual employees does not violate Title VII. Section II of this Comment presents an overview of the substantive law and the enforcement mechanisms of Title VII. Section III outlines the development of federal discrimination law regarding English-only rules. Section IV examines the Spun Steak decision, and Section V analyzes the implications of this decision and its effect on discrimination law in the Ninth Circuit.

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Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee Jan 1994

Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee

UIC Law Review

No abstract provided.

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Carlisle V. Consolidated Rail Corp. And Justice Ginsburg's Dissent: Striking An Equitable Compromise Between The Interests Of Labor And Management Regarding Fela Liability For Work-Related Stress, Christopher M. Shields Jan 1994

Carlisle V. Consolidated Rail Corp. And Justice Ginsburg's Dissent: Striking An Equitable Compromise Between The Interests Of Labor And Management Regarding Fela Liability For Work-Related Stress, Christopher M. Shields

Villanova Law Review (1956 - )

No abstract provided.

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The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman Jan 1994

The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton Jan 1994

Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton

Faculty Publications

Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.

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Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky Jan 1994

Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky

Faculty Publications

In the aftermath of a typical strike, management often seeks to restore order to the workplace by imposing restrictions on employee expression. Although in principle employee expression is protected by section 7 of the National Labor Relations Act, courts, relying on outdated notions of workplace organization, often accept ad hoc management justifications for restrictions on employee expression. The author argues that after a strike, it is crucial for employees to be able to express their grievances or vent their frustrations at exactly the same time that employers feel it necessary to restrict expression as a way of re-imposing order in …

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Beware The Toothless Tiger: Critique Of The Model Employment Termination Act, Kenneth A. Sprang Jan 1994

Beware The Toothless Tiger: Critique Of The Model Employment Termination Act, Kenneth A. Sprang

American University Law Review

No abstract provided.

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Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi Jan 1994

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.

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E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg Jan 1994

E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg

American University Law Review

No abstract provided.

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A Standard For Punitive Damages Under Title Vii, Judith J. Johnson Jan 1994

A Standard For Punitive Damages Under Title Vii, Judith J. Johnson

Journal Articles

Under the Civil Rights Act of 1991, the plaintiff in an employment discrimination case who alleges intentional discrimination may recover punitive damages if she demonstrates that her employer engaged in the discriminatory practice with "malice" or "reckless indifference" to federally protected rights. To prove a case of disparate treatment under Title VII, the plaintiff bears the burden of persuading the trier of fact that her employer intended to discriminate against her. In other words, to be liable in a disparate treatment case, the employer has to specifically intend to treat the plaintiff differently based, for example, on her sex. If …

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The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary Jan 1994

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Scholarly Works

No abstract provided.

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Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes Jan 1994

Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes

Cleveland State Law Review

Most profit sharing plans provide that the nonvested portion of an employee's profit sharing benefit can be forfeited when the employee incurs a break in service. A break in service often results in termination. Employees can also break their service with an employer by quitting, retiring, dying, becoming disabled, getting laid-off, or being discharged for cause. Some of these methods of incurring a break from service are voluntary while others are involuntary. Whether an employee's profit sharing benefit can be forfeited may depend on whether his break in service was voluntary or involuntary. The issue that will be addressed here …

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Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi Jan 1994

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.

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Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine Jan 1994

Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine

Articles

The Commission on the Future of Worker-Management Relations, the so-called "Dunlop Commission," is focusing on three principal subjects: (1) union organizing, (2) worker participation in management decision making, and (3) alternative dispute resolution (ADR). I am going to concentrate on the last, but first I would like to say a few words about union organizing. After all, unionization and collective bargaining - and for that matter, worker participation as well - can fairly be viewed as special forms of alternative dispute resolution.

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Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

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The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker Jan 1994

The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker

Articles & Book Chapters

This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made …

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St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway Jan 1994

St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

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There Is Life In That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. V. Biggins, Robert J. Gregory Jan 1994

There Is Life In That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. V. Biggins, Robert J. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

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How The Taft-Hartley Act Hindered Unions, Steven E. Abraham Jan 1994

How The Taft-Hartley Act Hindered Unions, Steven E. Abraham

Hofstra Labor & Employment Law Journal

No abstract provided.

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Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …

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Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel Jan 1994

Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel

Scholarly Works

Richard Posner’s, the Chief Judge of the United States Court of Appeals for the Seventh Circuit, judicial actions have been criticized, primarily for inconsistently commingling economic analysis with other approaches to decisionmaking in an effort to reach personally pleasing results that are at odds with Posner's professed commitment to methodological rigor. Although criticism of Posner's judging is diverse, a common theme is that he too frequently marshals his argumentative force merely to uphold the economic rights of the powerful. In other words, according to the critics, after the rush of intellectual excitement subsides, litigants and the justice system are left …

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