Labor and Employment Law Commons^™

Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild

American University Law Review

No abstract provided.

It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes

American University Law Review

The National Labor Relations Board ruled in Columbia University that student assistants who have a common law employment relationship with their university are statutory employees under the National Labor Relations Act, which granted them full bargaining rights and union protection. However, just one year earlier, the Board decided to not address the question of whether college athletes receiving grant-in-aid scholarships should similarly be accorded the protections of the Act as statutory employees. Importantly, the Board noted that it was well-suited to make that determination in the future.

College athletes have been left in legal limbo as the teams, universities, and …

Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz

UIC Law Review

Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be …

Everything Passes, Everything Changes: Unionization And Collective Bargaining In Higher Education, William A. Herbert, Jacob Apkarian

Publications and Research

This article begins with a brief history of unionization and collective bargaining in higher education. It then presents data concerning the recent growth in newly certified collective bargaining representatives at private and public-sector institutions of higher education, particularly among non-tenure track faculty. The data is analyzed in the context of legal decisions concerning employee status and unit composition under applicable federal and state laws. Lastly, the article presents data concerning strike activities on campuses between January 2013 and May 31, 2017.

Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Local Police Entanglement With Immigration Enforcement In Georgia, Azadeh Shahshahani

Cardozo Law Review de•novo

The federal government has encouraged local police to assist in apprehending, detaining, and removing undocumented immigrants living in the United States ever since the 1980s. State governments, by themselves, do not have the authority to directly regulate immigrants’ presence or immigration; that power belongs to the federal government pursuant to Article I, Section 8 of the U.S. Constitution’s Commerce Clause, among other sources. However, federal officials have permitted—sometimes even coerced—states to “cooperate” in reporting undocumented immigrants and aiding in “identification, apprehension, detention, or removal” of these immigrants.

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas

Scholarly Articles in Law Reviews & Journals

Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …

Roundtable On Re-Imagining Forms And Approaches To Workplace Representation: Introduction., Simon Archer, Sara Slinn

Articles & Book Chapters

No abstract provided.

Dependent Contractors' In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi

All Faculty Scholarship

Lawsuits around the misclassification of workers in the on-demand economy have ballooned in the United States in recent years. That is because employee status is the gateway to many substantive legal rights. Inresponse, some commentators have proposed an in-between hybrid category just for for the gig economy. However, such an intermediate category is not new. In fact, it has existed in many countries for decades, producing successful results in some, and misadventure in others. We use a comparative approach to analyze the experiences of Canada, Italy, and Spain with the intermediate category. In Italy, the quasi-subordinate category created an opportunity …

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …

The Tax Lives Of Uber Drivers: Evidence From Internet Discussion Forums, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

In this Article, we investigate the tax issues and challenges facing Uber and Lyfi drivers by studying their online interactions in three internet discussion forums: Reddit.com, Uberpeople.net, and Intuit TurboTax AnswerXchange. Using descriptive statistics and content analysis, we examine (1) the substantive tax concerns facing forum participants, (2) how taxes affect their driving and profitability decisions, and (3) the degree of user sophistication, accuracy of legal advising, and other cultural features of the forums.

We find that while forum participants displayed generally accurate understandings of tax filing and income inclusion obligations, their approaches to expenses and deductions were less accurate …

Reconciling The History Of The Hangman’S Noose And Its Severity Within Hostile Work Environment Claims, 51 J. Marshall L. Rev. 137 (2017), Tess Godhardt

UIC Law Review

No abstract provided.

The Role Of The State Towards The Grey Zone Of Employment: Eyes On Canada And The United States, Susan Bisom-Rapp, Urwana Coiquaud

Faculty Scholarship

In most countries, precarious working is on the rise and nonstandard forms of work are proliferating. What we call the “grey zone” of employment is generated by transformations at and with respect to work both in standard and nonstandard forms of working. Focusing on legal and policy regulation, and on the role of the state in the creation and perception of the grey zone, our contribution explains the way the government acts or fails to act, and the consequences of that activity or inactivity on the standard employment relationship. Examining and juxtaposing conditions in our two countries, Canada and the …

The Death Of The Firm, June Carbone, Nancy Levit

Faculty Works

This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …

Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke

American University Law Review

No abstract provided.

Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Farmers Behind Bars: A Critical Analysis Of Prison Farm Labor In Kentucky And Beyond, Tatum Isaacs

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen, Elizabeth A. Rowe

Faculty Scholarship

Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the "California view" on the enforceability of NCAs, leading to a special provision of the DTSA that limits injunctive relief with respect to employee NCAs. Through our lens as …