Labor and Employment Law Commons^™

What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson

Faculty Scholarship

It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …

Erisa - Escape Clauses In Employee Benefit Plans Are Unenforceable Under Erisa, Wayne Dillahey

Villanova Law Review (1956 - )

No abstract provided.

A Strike Against The Law?, Tony Weir

Maryland Law Review

No abstract provided.

Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard

Loyola University Chicago Law Journal

No abstract provided.

Professional Unions In The Health Care Industry: The Impact Of St. Francis Ii And North Shore University Hospital, Debra Dyleski-Najjar

Loyola University Chicago Law Journal

No abstract provided.

Erisa Regulation Of Employee "Payroll Practices": California Hospital Association V. Henning, Mark A. Casciari

Loyola University Chicago Law Journal

No abstract provided.

Labor Law, Morrison Torrey, John B. Kavanagh

Loyola University Chicago Law Journal

No abstract provided.

Employment Discrimination Against Cancer Victims: A Proposed Solution, Lisa Bazemore

Villanova Law Review (1956 - )

No abstract provided.

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Maryland Law Review

No abstract provided.

Boycott, Theodore J. St. Antoine

Book Chapters

A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’

Availability Of Disparate Impact Theory To Attack A Multicomponent Employment System, Penelope M. Taylor

Villanova Law Review (1956 - )

No abstract provided.

Picketing, Theodore J. St. Antoine

Book Chapters

Picketing typically consists of one or more persons patrolling or stationed at a particular site, carrying or wearing large signs with a clearly visible message addressed to individuals or groups approaching the site. Some form of confrontation between the pickets and their intended addressees appears an essential ingredient of picketing. Congress and the National Labor Relations Board have distinguished between picketing and handbilling, however, and merely passing out leaflets without carrying a placard does not usually constitute picketing. What stamps picketing as different from more conventional forms of communication, for constitutional and other legal purposes, ordinarily seems to be the …

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

UF Law Faculty Publications

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.

The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …

Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly

Fordham Urban Law Journal

The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …

For A Few Dollars More: Client’S Right To Discharge His Attorney Under A Contingent Fee Contract, Irving Cohen

Cardozo Law Review

No abstract provided.

The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian

Cardozo Law Review

No abstract provided.

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson

Cardozo Law Review

No abstract provided.

An Analysis Of The Potential Use Of Rico To Impede The Flow Of Runaway Shops, Leslie Tarantola

Hofstra Labor & Employment Law Journal

No abstract provided.

County Sanitation District: The Need For A Legislative Response To Public Employee Strikes, Lawrence Spivak

Hofstra Labor & Employment Law Journal

No abstract provided.

Honesty Tests - A New Form Of Polygraph?, Kurt H. Decker

Hofstra Labor & Employment Law Journal

No abstract provided.

Job Creation For Union Members Through Pension Fund Investment, Paul J. Wessel

Buffalo Law Review

No abstract provided.

Employee Recruitment By Design Or Default: Uncertainty Under Title Vii, Elaine W. Shoben

Scholarly Works

The employment of every new worker is the result of a two-stage process: recruitment of applicants and selection from the applicant pool. A personnel officer may evaluate only John and Jane Worker because Juan and Juanita Worker are not in the applicant pool. What active or passive acts by the company establish the applicant pool? The issue becomes particularly troublesome when Juan and Juanita Worker are members of one minority group and John and Jane Worker are members of another racial or ethnic minority group. May employers legally recruit more actively from one group than another?

This Article examines the …

Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly

Washington and Lee Law Review

No abstract provided.

A Unified Theory For Section 504 Employment Discrimination Analysis: Equivalent Costbased Standards For "Otherwise Qualified" And "Reasonable Accommodation" , Russell A. Janis

Washington and Lee Law Review

No abstract provided.

The Applicability Of The Fair Labor Standards Act To Volunteer Workers At Nonprofit Organizations Congress

Washington and Lee Law Review

No abstract provided.

Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie

Innis Christie Collection

The notion that the wishes of employees with respect to certification should be ascertained primarily through a secret ballot vote hardly originated in Nova Scotia, having been adopted by the U.S. Wagner Act when it was first enacted. However, in the 1950's and 60's Canadian labour policy makers generally moved their labour legislation in the direction of enhancing the importance of "evidence" of union membership as the basis for certification, relegating the vote to secondary status, to be used only where the other evidence did not indicate clear majority support for the union or where employee petitions indicated a change …

Re-Envisioning Labor Law: A Response To Professor Finkin, Katherine Van Wezel Stone

Maryland Law Review

No abstract provided.

Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore

University of Richmond Law Review

This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …

New Freedom For Employer Communications, Cynthia Milne

Hofstra Labor & Employment Law Journal

No abstract provided.