Labor and Employment Law Commons^™

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …

Vol. 36, No. 2, Lisa R. Callaway, Rebecca C. Barnard

The Illinois Public Employee Relations Report

Labor Relations Collaboration from Start to Finish: A Case Study on a First Contract for Westminster Colorado Firefighters, by Lisa R. Callaway and Rebecca C. Barnard

Recent Developments

Discrimination Without Discriminating? Learned Gender Inequality In The Labor Market And Gig Economy, Arianne Renan Barzilay

Cornell Journal of Law and Public Policy

The "sharing" economy, and in particular the exchange of labor and services within it, is generating wide-spread attention from scholars. It has been celebrated as a disruption to current forms of labor and consumption. This depiction suggests a new, sui generis form of economy, which can and should be understood in and of itself or at most, by its contrast with the current labor market in which workers are employees. Yet, I argue, emerging research on gender discrimination in the gig economy suggests that this understanding occludes a major feature of the gig economy-its operation in the shadow of the …

On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale

West Virginia Law Review

No abstract provided.

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster

Indiana Law Journal

Despite worsening climate change threats, investment in energy—in the United States and globally—is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.

The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s decision to withdraw …

Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson

Articles & Chapters

Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory—a social psychology theory with a robust body of supporting empirical research—to take on this task and connect judicial interpretation of Title VII to the human tendency to create and maintain group-based hierarchies. In doing so, the Article questions the common view that Title VII race discrimination doctrine is symmetrical, protecting all …

The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius

Cardozo International & Comparative Law Review

The article examines the ethical challenges and legal complexities surrounding nonattorney advocacy in labor relations, particularly under the National Labor Relations Act (NLRA) and similar state statutes. It highlights the tension between holding non-lawyer union representatives to attorney ethical standards and the need for simpler, practical norms. The analysis emphasizes the importance of balancing due process for pro se parties with maintaining the integrity of advocacy roles, suggesting that resorting to fundamental statutory values and reciprocal duties can provide a baseline for ethical conduct.

Straight Actors In Lgbt Roles: Creative Casting Or Employment Discrimination?, Erica Ruff

Cardozo Journal of Equal Rights & Social Justice

The note examines the trend of casting straight actors in LGBT roles, termed "gay face," and explores its implications as a form of employment discrimination. It argues that this practice limits opportunities for LGBT actors and discusses the legal challenges in addressing this issue under Title VII of the Civil Rights Act of 1964, which does not explicitly cover sexual orientation. The note highlights the tension between anti-discrimination laws and First Amendment protections for artistic expression, noting that courts often favor the latter.

But, Men And Women Are Equally Compensated, Right? An Examination Of Why An Equal Rights Amendment In New York's Constitution Will End The Wage Gap, Amanda B. Slutsky

Journal of Civil Rights and Economic Development

(Excerpt)

This Note proposes an ERA for New York’s constitution to end the wage gap between men and women, and uses language from H.J. Res 52 and S.B. No. 1919. To demonstrate why New York needs the amendment, this Note will discuss Maryland’s and California’s ERAs and equal pay laws to establish the benefits of an ERA and how both ERAs and equal pay laws, together, help shrink the wage gap in those states. With an ERA, New York’s courts will analyze sex-based discrimination claims with strict scrutiny, which provides heightened protection because women will be considered a suspect class. …

Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder

Ohio Northern University Law Review

American lesbian, gay, bisexual, and transgender (LGBT) workers have made great strides toward equal employment rights, and the trend toward equal rights is clear. Still, 52% of LGBT workers can be denied employment or fired simply for being LGBT. This state of the law makes the U.S. lag behind many of its major trading partners, who have already established equal employment in their national laws. While there are a number of routes U.S. law may soon take to end LGBT employment discrimination, private firms, especially those with international operations, will need to determine the best course to take. Major U.S. …

A More Perfect (Nfl Players) Union: Secret "Side Deals," The Nflpa, And The Duty Of Fair Representation, Sam C. Ehrlich J.D.

Ohio Northern University Law Review

No abstract provided.

Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and equality …

“Just When I Thought I Was Out . . . .”: Post-Employment Repayment Obligations, Stuart Lichten, Eric M. Fink

Washington and Lee Journal of Civil Rights and Social Justice

The common law doctrine of “employment at will” has dominated U.S. employment law for over a century. Pursuant to this concept, an employer may discharge an employee at any time for any reason, or for no reason at all. An employee may similarly resign at any time for any reason, or for no reason at all. Despite the rule’s facial even-handedness, it operates against the background of “the deeply rooted conception of the employment relation as a dominant-servient relation rather than one of mutual rights and obligations.” Within that relationship, “the employer [has] the right to impose any requirement on …

The Efficacy Of New York's Qualified Prohibition On Ndas And Reforms That Can Protect Sexual Harassment Survivors, Bina Nayee

Fordham Law Review Online

The numerous sexual harassment scandals that were uncovered following the Harvey Weinstein exposé have at least one very positive byproduct: new state legislation aimed to protect and combat sexual misconduct in the workplace. New York is leading the charge by creating a legislative framework that protects a broader spectrum of workers against sexual harassment in the workplace. The State’s 2019 fiscal year budget substantiates the commitment to empower survivors and protect those who may be future targets of sexual harassment in their workplaces. As part of this framework, the State’s human rights laws now extend to and protect independent contractors, …

Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner

Catholic University Law Review

Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …

Will The Smoke Blow Over: Employers' Concerns As States Expand Protections For Medical Marijuana Users, Stephanie Speirs

Hofstra Labor & Employment Law Journal

No abstract provided.

Undermining Worker Safety And Health Protection Through Statutory Interpretation, James A. Gross

Hofstra Labor & Employment Law Journal

No abstract provided.

Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel

Brigham Young University Education and Law Journal

No abstract provided.

Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath

Brigham Young University Education and Law Journal

No abstract provided.