Labor and Employment Law Commons^™

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Articles

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …

Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh

Texas A&M Law Review

At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It …

Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas

Claremont-UC Undergraduate Research Conference on the European Union

Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar workers, …

National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois

The Catholic Lawyer

No abstract provided.

A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou

Hofstra Labor & Employment Law Journal

No abstract provided.

Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris

Hofstra Labor & Employment Law Journal

This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …

Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega

Hofstra Labor & Employment Law Journal

No abstract provided.

Fss 2020: Pension Sector, Zarah Gadzama

Bullion

The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …

Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener

Hofstra Labor & Employment Law Journal

No abstract provided.

The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr

Hofstra Labor & Employment Law Journal

No abstract provided.

College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal

Hofstra Labor & Employment Law Journal

No abstract provided.

Recognizing An Overcorrection: A Proposal For Nevada's Policy On Non-Compete Agreements, Kristopher Kalkowski

Nevada Law Journal

No abstract provided.

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Faculty Scholarship

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Kaplan, Yotam Kaplan, Yotam

Articles

In this Article, we show how the biggest tort reform of the last decade was passed through the back door with the blessing of its staunchest opponents. We argue that the widely-endorsed "apology law" reform-a change in the national legal landscape that privileged apologies-is, in fact, a mechanism of tort reform, used to limit victims' recovery and shield injurers from liability. While legal scholars overlooked this effect, commercial interests seized the opportunity and are in the process of transforming state and federal law with the unwitting support of the public.

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami

University of Miami International and Comparative Law Review

No abstract provided.

Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.

Petition For A Writ Of Certiorari, 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” …

When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker

Osgoode Hall Law Journal

In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law. However, it is a little known fact that in 1935, Canada enacted a criminal wage theft law, which remained on the books until 1955. This article provides an historical account of the wage theft law, including the role of the Royal Commission on Price Spreads, the legislative debates and amendments that …

Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne

Indiana Journal of Global Legal Studies

Raising global labor standards has been a goal of labor activists, nongovernmental organizations (NGOs), and nations for over a century. The International Labor Organization (ILO) was created nearly one hundred years ago for that purpose, but a century later its goal remains largely unfinished. This paper will propose a retooling initiative for the ILO that will give it the enforcement power it needs for real labor standard change and the resources it needs to use that enforcement power to promote work according to established international labor standards. This enforcement power will take place through regional free trade agreements (RFTAs), which …