Legislation Commons^™

Saving Money On Health Insurance Just Got A Lot Easier . . . Or Did It?: The Preserving Employee Wellness Programs Act And Its Impact On The Future Of Employee Health, Zachary Maciejewski

Indiana Law Journal

This Note addresses the growing use of employer-sponsored wellness programs in the American workplace and the concomitant harms and risks these programs impose on employee privacy and insurance costs. Specifically, this Note analyzes the Preserving Employee Wellness Programs Act (PEWPA)—a proposed law that would allow employers to require employees to disclose genetic information to qualify for an employer-sponsored wellness program (and the program’s associated insurance premium benefits). This Note ultimately argues that employees and employee advocacy groups must work to thwart PEWPA to preserve employee privacy in the face of mounting corporate pressure to alter the structure of employer-sponsored health …

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …

The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg

Federal Communications Law Journal

Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

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

Indiana Law Journal

No abstract provided.

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle

IUSTITIA

"The Equal Rights Amendment: Will it do so little, we don't need it -or so much, we shouldn't have it?"

The paradox stems from the arguments of the groups who oppose the Equal Rights Amendment (ERA). On one hand, they claim that the 14th Amendment and Title V1II provide all the tools women need, so the ERA won't be able to accomplish anything uniquely significant. On the other hand they contend, with even greater fervor, that the ERA will be so powerful it will destroy the fabric of society. The paradox is not altogether ludicrous, however, when it is recognized …

The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

Power And Politics In Labor Legislation, By Alan K. Mcadams, Byrum E. Carter

Indiana Law Journal

No abstract provided.

Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

Whither Hurried Hence -- The New Right To Work Amendment, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Fela Venue Abuse: Necessity For Congressional Amendment

Indiana Law Journal

No abstract provided.

The Contract Clause Of Action Under The Taft-Hartley Act, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

The Taft-Hartley Law, Willett H. Parr Jr.

Indiana Law Journal

Address delivered at Evansville at the Annual Meeting of the Indiana State Bar Association, September 5, 1947.

The Anti-Strike Act

Indiana Law Journal

Indiana Legislation, 1947

Unemployment Compensation

Indiana Law Journal

Indiana Legislation, 1947

Labor And Industry

Indiana Law Journal

Indiana Legislation, 1947

The Fair Labor Standards Act, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Handbook Of Federal Labor Legislation, By Elsie Gluck

Indiana Law Journal

Government Publications Review

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman

Articles by Maurer Faculty

No abstract provided.

Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Workmen's Compensation Act-Occupational Disease

Indiana Law Journal

No abstract provided.

Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.