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Articles 8011 - 8040 of 11178

Full-Text Articles in Labor and Employment Law

Osha Criminal Penalty Reform Act: Workplace Safety May Finally Become A Reality, Timothy G. Gorbatoff Jan 1991

Osha Criminal Penalty Reform Act: Workplace Safety May Finally Become A Reality, Timothy G. Gorbatoff

Cleveland State Law Review

Present criminal penalty provisions under the Occupational Safety and Health Act are outdated and inadequate. They provide no meaningful deterrent to potential violators of workplace safety and health standards. This Note is written to assist the reader in understanding the statutory barriers which have hindered criminal enforcement of the OSH Act, and how the OSHA Criminal Penalty Reform Act breaks down these barriers to provide for a more effective criminal penalty structure. It begins with a brief history behind the enactment of the OSH Act and its enforcement record since 1970. Section III moves to a discussion of enhanced criminal …

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Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach Jan 1991

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

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The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell Jan 1991

The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell

Cleveland State Law Review

The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …

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Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White Jan 1991

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

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Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson Jan 1991

Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson

Faculty Scholarship

This article deals the workers who are bilingual and their accompanying compensation on the job. The article covers compensation, classification, Bilingual Hispanic employees required to speak both Spanish and English on the job may, in certain circumstances, be entitled to greater compensation under Title VII of the Civil Rights Act of 1964 than employees who do the same job exclusively in English. It is unlikely, however, that a court will conclude that bilingual Hispanic employees required to speak both Spanish and English are for that reason alone entitled to increased compensation. Yet bilingual Hispanic employees required to use both languages …

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Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.

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The Government And Union Democracy, Theodore J. St. Antoine Jan 1991

The Government And Union Democracy, Theodore J. St. Antoine

Articles

The desirability of union democracy is generally regarded today as a self-evident proposition. In this Symposium Clyde Summers treats it as a "fundamental premise." But there have always been reputable scholars who would support the thesis, in greater or lesser degree, that "democracy is as inappropriate within the international headquarters of the UAW as it is in the front office of General Motors."

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Banning The Buttons: Employer Interference With The Right To Wear Union Insignia In The Workplace, John W. Teeter Jr. Jan 1991

Banning The Buttons: Employer Interference With The Right To Wear Union Insignia In The Workplace, John W. Teeter Jr.

Kentucky Law Journal

No abstract provided.

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Toward The Feminization Of Collective Bargaining Law, Gillian L. Lester Jan 1991

Toward The Feminization Of Collective Bargaining Law, Gillian L. Lester

Faculty Scholarship

Canadian collective bargaining law is flawed because it fails to address the concerns of a substantial segment of the work force and overlooks women as a rich source of insight into the dynamics of the bargaining environment. The author begins by exploring the problems inherent in the classical contractualist model, arguing that current collective bargaining law reflects these weaknesses and echoes a morality and ideology which are stereotypically masculine. By analyzing the legal and practical structures of collective bargaining, the author illustrates the ways in which the "morality of the workplace" is manifested differently between men and women. The author …

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Book Review: Back To Work?: Labour, State And Industrial Relations In Canada, Eric Tucker Jan 1991

Book Review: Back To Work?: Labour, State And Industrial Relations In Canada, Eric Tucker

Articles & Book Chapters

No abstract provided.

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The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii Jan 1991

The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …

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The Employee/Independent Contractor Dichotomy: A Rose Is Not Always A Rose, John Bruntz Jan 1991

The Employee/Independent Contractor Dichotomy: A Rose Is Not Always A Rose, John Bruntz

Hofstra Labor & Employment Law Journal

No abstract provided.

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Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick Jan 1991

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Hofstra Labor & Employment Law Journal

No abstract provided.

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Class Struggle At The Door: The Origins Of The Portal-To-Portal Act Of 1947, Marc Linder Jan 1991

Class Struggle At The Door: The Origins Of The Portal-To-Portal Act Of 1947, Marc Linder

Buffalo Law Review

No abstract provided.

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Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker Jan 1991

Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker

Articles & Book Chapters

The decline of American unionism is now a well-documented phenomenon. Its causes and consequences, however, remain the subject of intense debate. Regardless of one’s view of this development, it clearly poses a challenge to the traditional techniques for the legal regulation of the employment relationship, and especially for state-sponsored collective bargaining which has been the centerpiece of American labour policy since the enactment of the Wagner Act in 1935. It is this crisis in American labour and employment law which Paul C. Weiler seeks to address in his new book, “Governing the Workplace: The Future of Labor and Employment Law”. …

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Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun Jan 1991

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.

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The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell Jan 1991

The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell

Cleveland State Law Review

The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …

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A Reply To Women Denied Partnerships Revisited, Christine Neylon O'Brien Jan 1991

A Reply To Women Denied Partnerships Revisited, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

This article is in the form of a response to one of the scholars who wrote about our work. One year earlier, we published an article that generated a tremendous amount of interest. In this response to that author's points, I agree that while the Hopkins decision stands as a remarkable milestone, the decision possibly raised as many questions as it answered that will require resolution through the courts or Congress.

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Employer Supported Child Care As A Mandatory Subject Of Collective Bargaining, Carol Ann Diktaban Jan 1991

Employer Supported Child Care As A Mandatory Subject Of Collective Bargaining, Carol Ann Diktaban

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Retroactive Application Of Deklewa: Inequitable And Unjust Results For Construction Industry Employers, Howard Douglas Fineman Jan 1991

The Retroactive Application Of Deklewa: Inequitable And Unjust Results For Construction Industry Employers, Howard Douglas Fineman

Hofstra Labor & Employment Law Journal

No abstract provided.

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Nuclear Employers No Longer Shielded From Whistleblower State Tort Claims: Fallout From English V. General Electric Company, Thomas Michael Rittweger Jan 1991

Nuclear Employers No Longer Shielded From Whistleblower State Tort Claims: Fallout From English V. General Electric Company, Thomas Michael Rittweger

Hofstra Labor & Employment Law Journal

No abstract provided.

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Pensions In Peril: Single Employer Pension Plan Terminations In The Context Of Corporate Bankruptcies, Mark Daniels Jan 1991

Pensions In Peril: Single Employer Pension Plan Terminations In The Context Of Corporate Bankruptcies, Mark Daniels

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Civil Rights Act Of 1991: An Examination Of The Storm Preceding The Compromise Of America's Civil Rights, Caryn Leslie Lilling Jan 1991

The Civil Rights Act Of 1991: An Examination Of The Storm Preceding The Compromise Of America's Civil Rights, Caryn Leslie Lilling

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Extraterritorial Force Of Title Vii: Regulating The Conduct Of American Employers Overseas, Sean M. Bunting Jan 1991

The Extraterritorial Force Of Title Vii: Regulating The Conduct Of American Employers Overseas, Sean M. Bunting

Hofstra Labor & Employment Law Journal

No abstract provided.

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Predictive Probabilities In Employee Drug-Testing, John M. Gleason, Darold T. Barnum Jan 1991

Predictive Probabilities In Employee Drug-Testing, John M. Gleason, Darold T. Barnum

RISK: Health, Safety & Environment (1990-2002)

Substance abuse in the U.S. has been estimated to cost $99 billion annually through lower productivity. Yet the authors urge caution in attempting to reduce these costs and health and safety Risks. In doing so, they cite commonly high frequencies of false negatives and false positives in employee drug tests - the latter having the potential to do great injustice to many drug-free employees.

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Review Of Occupational Safety And Health Law (Stephen A. Bokat & Horace A. Thompson, Eds., Bna Books), Anthony J. Dangelantonio Jan 1991

Review Of Occupational Safety And Health Law (Stephen A. Bokat & Horace A. Thompson, Eds., Bna Books), Anthony J. Dangelantonio

RISK: Health, Safety & Environment (1990-2002)

Review of the book OCCUPATIONAL SAFETY AND HEALTH LAW. (Stephen A. Bokat and Horace A Thompson, eds., BNA Books 1986.) 988 pp. Appendices, bibliographical references, index, table of cases. LC 88-7252; ISBN 0-87179-527-2 [$95.00. P.O.B. 7816, Edison NJ 08818-7816.]. SUPPLEMENT (1988.) 220 pp. LC 89-13999, ISBN 0-87179-640-6

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Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel Jan 1991

Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

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Proposal For A Substance Abuse Testing Act, Task Force On The Drug-Free Workplace Jan 1991

Proposal For A Substance Abuse Testing Act, Task Force On The Drug-Free Workplace

IBRL Events

This is the Report of the Task Force on the Drug-Free Workplace, sponsored by the Institute of Bill of Rights Law of the College of William and Mary, Marshall-Wythe School of Law. The Report contains an introduction describing the mission of the Task Force and the guiding philosophical principles it embraced, an Executive Summary providing a summary overview of the proposed model statute, the formal text of the proposed model Substance Abuse Testing Act, including commentary illuminating the intent and rationales underlying each provision of the Act, biographical information on all members of the Task Force, and a brief individual …

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Annual Survey Of Virginia Law: Employment Law, Robert T. Billingsley, Thomas J. Dillon Iii Jan 1991

Annual Survey Of Virginia Law: Employment Law, Robert T. Billingsley, Thomas J. Dillon Iii

University of Richmond Law Review

This article surveys the judicial and legislative developments in Virginia employment law between June 1990 and June 1991. Developments in the areas of worker's compensation and unemployment compensation, each of which has its own distinctive body of law, are outside the scope of this article.

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Labor Unions And The Economic Performance Of Firms, Barry T. Hirsch Jan 1991

Labor Unions And The Economic Performance Of Firms, Barry T. Hirsch

Upjohn Press

Hirsch develops a model of union rent-seeking in which the unions capture a share of quasi-rents that make up the normal ROI in long-lived capital and R&D. He finds that in response, firms adjust their investments in vulnerable tangible and intangible capital. Hirsch also attempts to explain the connection between the contraction of the size of unions which occurred in the 1970s and firms' lower profitability, diminished market value, and lower investment levels.

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