Labor and Employment Law Commons^™

Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn

Law Faculty Research Publications

No abstract provided.

A Rosetta Stone For Causation, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The law of mental causation—or motives—is a mess. It is as if writers in the field are using different languages to describe a multiplicity of causal concepts. The plethora of causal terms and lack of definitional clarity make it difficult to understand the relationship among causal concepts within a single area of law, let alone across substantive areas of law. To reach a clear and consistent understanding of this mess, it would be useful to have a Rosetta Stone—a translation key describing causal concepts and the relationships among those concepts in a precise and universal way. Andrew Verstein’s article, The …

Challenges In Compensating Employees In Cryptocurrencies, Rebecca K. Webster

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin

Marquette Benefits and Social Welfare Law Review

The Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, Pub. L. No. 115-41, 131 Stat. 862 (2017), was enacted into law on June 23, 2017, in an effort to reform a troubled government agency that has had the media shine a spotlight on its abuses and waste. This new law significantly lowers the standard of evidence to take adverse actions against federal employees at the Department of Veterans Affairs, overrides collective bargaining agreements, and greatly shortens notice and response time periods that are constitutionally guaranteed. This comment will discuss the history of due process in federal employment, …

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None

The Growing Gender/Religion Divide, Marcia L. Mccormick

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018), Brianne Perkins

UIC Law Review

No abstract provided.

Evader, Avoider, Or None Of The Above? Shedding Light On The Implications Of The Illinois Employee Classification Act On Small Construction Contractors, And Considerations For Their Exemption, 51 J. Marshall L. Rev. 341 (2018), Taso Tsiganos

UIC Law Review

No abstract provided.

A Statutory Patent Reversion Period May End The Debate On Employee Inventions, 51 J. Marshall L. Rev. 675 (2018), Yucheng Wang

UIC Law Review

No abstract provided.

The Federal Arbitration Act And Independent Contractors, Richard Frankel

Cardozo Law Review de•novo

The misclassification of employees as independent contractors is one of the most serious problems affecting the American workforce. It deprives workers of important employee benefits, civil rights, and wage and hour protections, and deprives the federal and state governments of billions of dollars in tax revenue annually. While workers can seek redress in the courts, businesses are trying to take away that right as well by forcing workers to submit their disputes to binding mandatory arbitration under the Federal Arbitration Act (FAA). Section 1 of the FAA, however, creates an exemption for transportation workers, stating that “nothing herein contained shall …

Sex Harassment Training Must Change: The Case For Legal Incentives For Transformative Education And Prevention, Susan Bisom-Rapp

Faculty Scholarship

In the wake of the #MeToo moment, employers, legislators, and human resources professionals have defaulted to a familiar solution to what seems like an epidemic of workplace harassment: mandatory sex harassment training. The chosen antidote, however, begs an important question that this author posed over 15 years ago: Does sex harassment training actually prevent harassment? My review of the social science research in 2001 revealed no convincing evidence that sex harassment training curbs harassment. In fact, the scant research available indicated that training, as typically conducted in American workplaces, may backfire, triggering stereotypes about women and people of color, and …

Human Rights Protections In International Supply Chains—Protecting Workers And Managing Company Risk: 2018 Report And Model Contract Clauses From The Working Group To Draft Human Rights Protections In International Supply Contracts, Aba Section Of Business Law, David Snyder

Scholarly Articles in Law Reviews & Journals

This report and the model contract clauses that it contains are an effort to help companies provide legally effective and operationally likely human rights protections for workers in international supply chains. The report is the product of the Working Group to Draft Human Rights Protections in International Supply Contracts, which is a unit of the American Bar Association Business Law Section. After identifying the problems, such as human trafficking and factory collapses as well as developing compliance obligations under federal, state, and foreign law, the report explains the difficulty of drafting legally effective clauses. Most of the issues result from …

How The U.S. Supreme Court Deemed The Workers' Compensation Grand Bargain 'Adequate' Without Defining Adequacy, Michael C. Duff

All Faculty Scholarship

During the second and third decades of the twentieth century, the U. S. Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation and the National Association of Manufacturers, of European workers’ compensation systems during the first decade of the twentieth century. Some of those systems had been in existence since the 1870s and 1880s, and many employers preferred them to newly-emerging American employer liability statutes that retained …

To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock

American University Business Law Review

No abstract provided.

Uber’S Arbitration Trickery: Mohamed’S Holding, The New Era Of Limiting The Scope Of Administrative Protection And The Vindication Of Rights Doctrine, 51 J. Marshall L. Rev. 439 (2018), Kerby Kniss

UIC Law Review

No abstract provided.

Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi

University of Michigan Journal of Law Reform

Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies.

Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees.

Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.