The Multiple Justifications Of Occupational Licensing,
2018
University of Washington School of Law
The Multiple Justifications Of Occupational Licensing, Nick Robinson
Washington Law Review
Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing increased consumer costs and impairing labor mobility and economic freedom. To address these concerns, many policymakers and academics argue that licensing restrictions should be more closely tailored to the goal of protecting the public from harm and that, to guard against capture, practitioners should not regulate their own licensing. Federal courts, in turn, have drawn on this vision of the proper role of occupational …
Slavery, Liberty, And The Right To Contract,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Nevada Law Journal
No abstract provided.
The Thirteenth Amendment And Minimum Wage Laws,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
Nevada Law Journal
No abstract provided.
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids,
2018
Notre Dame Law School
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
Journal of Legislation
No abstract provided.
Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts,
2018
University of Ottawa
Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell
Genocide Studies and Prevention: An International Journal
No abstract provided.
Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law, Richard Blum
Nevada Law Journal
No abstract provided.
Hb 701 - Public Officers And Employees,
2018
Georgia State University College of Law
Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz
Georgia State University Law Review
The Act amends Georgia’s statute to give state employers the authority to drug test certain applicants to various public positions. The Act adds opioids, opioid analgesics, and opioid derivatives to the list of drugs for which state employers may screen.
Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law,
2018
Paul M. Hebert Law Center of Louisiana State University
Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett
Buffalo Law Review
No abstract provided.
Free Trade, Immigrant Workers, And Employment Discrimination,
2018
Texas A&M University School of Law
Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison
Faculty Scholarship
This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.
This article shifts the focus. Instead, it argues that …
Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law,
2018
Louisiana State University Law Center
Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett
Journal Articles
No abstract provided.
Combating The Actor's Sacrifice: How To Amend Federal Labor Law To Influence The Labor Practices Of Theaters And Incentivize Actors To Fight For Their Rights,
2018
Benjamin N. Cardozo School of Law
Combating The Actor's Sacrifice: How To Amend Federal Labor Law To Influence The Labor Practices Of Theaters And Incentivize Actors To Fight For Their Rights, Shelley Attadgie
Cardozo Law Review
Part I of this Note will provide a background of the stage theater industry and the current federal and state labor laws and regulations. Section L.A will introduce the basic structure of the acting world, the differences between union and non-union actors, and the conflict surrounding the recent repealing of the Los Angeles 99-seat Theatre Waiver. Section I.B will discuss current minimum wage laws, focusing on the provisions of the Fair Labor Standards Act (FLSA). Part II of this Note will analogize the actor's situation in the line with the relevant statutes, regulations, and case law to determine whether theaters …
#Metoo & Tax,
2018
Indiana University McKinney School of Law
#Metoo & Tax, Margaret Ryznar
Washington and Lee Law Review Online
Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.
Restoring Unemployment Insurance As Social Insurance,
2018
W.E. Upjohn Institute for Employment Research
Restoring Unemployment Insurance As Social Insurance, Christopher J. O'Leary
Presentations
No abstract provided.
Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis,
2018
William & Mary Law School
Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla
William & Mary Law Review
No abstract provided.
Bc Teachers’ Federation V. British Columbia: The Supreme Court Takes A School Holiday,
2018
Osgoode Hall Law School of York University
Bc Teachers’ Federation V. British Columbia: The Supreme Court Takes A School Holiday, Eric Tucker
Articles & Book Chapters
Constitutional labour rights in Canada now protect workers’ freedom to organize and bargain collectively and to strike. These associational freedoms are especially important for public sector workers, the most frequent targets of legislation limiting their freedoms. However, the Supreme Court of Canada judgments recognizing these rights and freedoms have also introduced important ambiguities about their foundation, scope and level of protection. This brief comment locates these ambiguities in the context of Canada’s political economy and industrial relations regime, which are beset by contradiction and conflict. It then explores the origins and development of the jurisprudential ambiguities in constitutional labour rights …
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force : Analysing Implementation Challenges And Future Outlook,
2018
World Maritime University
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force : Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe
World Maritime University Dissertations
No abstract provided.
Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States,
2018
Cornell Law School, 2019
Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham
Cornell Law Review
Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision or …
Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000,
2018
Allard School of Law at the University of British Columbia
Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000, Stepan Wood
All Faculty Publications
This chapter explores the role of organized labour in drafting the ISO 26000 guidance standard on social responsibility (SR) as a case study of the circumstances in which weaker actors can take advantage of transnational business governance interactions (TBGIs) to achieve regulatory outcomes that advance their interests. Organized labour initially opposed the development of an ISO standard on SR and was vastly outnumbered when it joined this project in a defensive posture. Yet it achieved remarkably wide and strong protection for workers in ISO 26000 compared to other leading SR initiatives. Integrating theories of legitimation and regulatory enrolment, I theorize …
Law & Laundry: White Laundresses, Chinese Laundrymen, And The Origins Of Muller V. Oregon,
2018
University of Michigan Law School
Law & Laundry: White Laundresses, Chinese Laundrymen, And The Origins Of Muller V. Oregon, Emily Prifogle
Articles
This article uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Typically considered a labor law decision permitting the regulation of women’s work hours, the article argues that through particular attention to the specific context in which the labor dispute took place — the laundry industry in Portland, Oregon — the Muller decision and underlying conflict should be understood as not only about sex-based labor rights but also about how the labor of laundry specifically involved race-based discrimination. The article investigates the most important conflicts behind the Muller decision, namely …
Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?,
2018
Texas A&M University School of Law
Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman
Faculty Scholarship
This piece is a follow-up to a previous article that I wrote on Regulation A. In April of 2012, then President Barack Obama signed into law the Jumpstart our Business Start Ups (JOBS) Act. Under the JOBS Act’s Title IV, Congress made revisions to a private offering exemption referred to as Regulation A with the intention of reviving an exempt offering option that was close to dormant. The primary Regulation A criticism being that issuers were required to do too much in terms of providing business and financial disclosure where the most the issuer could raise though a Regulation A …
