Labor and Employment Law Commons^™

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand

Maine Law Review

On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …

Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen

West Virginia Law Review

No abstract provided.

Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin

Michigan Journal of Gender & Law

This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a true understanding …

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

The History Books Tell It: Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

Paid Family And Medical Leave: Cost And Coverage Estimates Of Three Choices In Massachusetts, Policy Brief, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

This policy brief explores the costs and coverage of three proposed paid family and medical leave programs for Massachusetts. These are House Bill 2172, Senate Bill 1048, and 2018 Initiative Petition C. Each of these proposed programs establishes a contributory fund paid by employers and employees, to be used for eligible workers when they are out of work for their own serious health condition or that of a family member, for pregnancy, or to bond with a new child. The medical leaves considered are for own health reasons, including those related to pregnancy. Family leaves are for bonding with a …

Labor And Employment Law, W. Melvin Haas Iii, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Upson

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2016 to May 31, 2017, that affect labor and employment relations for Georgia employers.

Regarding Age As A Disability: Conceptualizing Age Discrimination At Work As (Mis)Perception Of Disability Discrimination, Kevin M. Cremin

Cardozo Law Review

No abstract provided.

An Americans With Disabilities Act For Everyone, And For The Ages As Well, Anita Silvers, Leslie P. Francis

Cardozo Law Review

The article argues that the Americans with Disabilities Act (ADA) was originally intended to universally protect individuals from disability-based discrimination, rather than focusing on categorizing who is disabled. The authors contend that the ADA should be interpreted to prevent discrimination based on disability for everyone, regardless of specific eligibility criteria, and that the statute's effectiveness has been undermined by court decisions that emphasize categorical limitations. They advocate for a broader, more inclusive understanding of the ADA, aligned with its original purpose of combating discrimination.

Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp

Cardozo Law Review

The article examines the evolving recognition and integration of disability rights in American society, emphasizing the transformative impact of the Americans with Disabilities Act (ADA) and the cultural shift towards inclusivity. It highlights the growing demographic presence of individuals with disabilities, the role of activism, and the importance of inclusive design and representation in media and politics. The authors argue that while significant progress has been made, ongoing advocacy is crucial to address persistent challenges and ensure the full recognition of disability as a valued aspect of human diversity.

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Cardozo Law Review

No abstract provided.

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Faculty Scholarship

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

Ai And Jobs: The Role Of Demand, James Bessen

Faculty Scholarship

In manufacturing, technology has sharply reduced jobs in recent decades. But before that, for over a century, employment grew, even in industries experiencing rapid technological change. What changed? Demand was highly elastic at first and then became inelastic. The effect of artificial intelligence (AI) on jobs will similarly depend critically on the nature of demand. This paper presents a simple model of demand that accurately predicts the rise and fall of employment in the textile, steel, and automotive industries. This model provides a useful framework for exploring how AI is likely to affect jobs over the next 10 or 20 …

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham

Akron Law Review

This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile …

Petition For A Writ Of Certiorari. Kirk V. Invesco, Limited, 138 S.Ct. 1164 (2018) (No. 17-762), 2017 U.S. S. Ct. Briefs Lexis 4618, 2017 Wl 5665441, Eric Schnapper, Nitin Sud

Court Briefs

QUESTION PRESENTED The Fair Labor Standards Act provides that covered employees who work more than 40 hours in a week must generally be paid overtime at a rate one and one-half times their regular rate. To assure compliance with that overtime rule, the Act and governing regulations require employers to maintain records of all hours worked by covered employees. If an employer has failed to keep the legally required records, the burden on the employee under Anderson v. Mt. Clemens Pottery Co. is simply to "produce[] sufficient evidence to show the amount and extent of that work as a matter …

Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad

Cornell Law Review

No abstract provided.

Resurrecting Labor, Rick Bales

Maryland Law Review

Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.

This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth. …

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry (2017-2022 archives)

No abstract provided.

Reply Brief. Crouse V. Caldwell, 138 S.Ct. 470 (2017) (No. 17-242), Eric Schnapper, Steven H. Goldblatt, Shon Hopwood, Marybeth Mullaney, Jennifer Munter Stark

Court Briefs

QUESTIONS PRESENTED (1) When disputes of fact arise regarding whether speech by a public employee is protected by the First Amendment, should those factual issues be resolved by a trier of fact (the rule in the Second, Third, Sixth, Eighth and Tenth Circuits), or by the court as a matter of constitutional law (the rule in the Fourth Circuit)? (2) When a government employee engages in speech on a subject of public concern, and a court applying Pickering balances the First Amendment interest against any contrary interests of the employer, should the extent of that First Amendment interest be “lessened” …

Uber, Lyft, And Regulating The Sharing Economy, Brett Harris

Seattle University Law Review

The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …