Labor and Employment Law Commons^™

Prop Up The Heavenly Chorus? Labor Unions, Tax Policy, And Political Voice Equality, Philip T. Hackney

Journal Articles

Labor Unions are nonprofit organizations that provide laborers a voice before their employer and before governments. They are classic interest groups. United States federal tax policy exempts labor unions from the income tax, but effectively prohibits labor union members from deducting union dues from the individual income tax. Because these two policies directly impact the political voice of laborers, I consider primarily the value of political fairness in evaluating these tax policies rather than the typical tax critique of economic fairness or efficiency. I apply a model that presumes our democracy should aim for one person, one political voice. For …

Few Thoughts About Scalia's Dissenting Opinion In Rutan V. Republican Party Of Illinois And His View Of The Public Workplace, Rafael Gely

Faculty Publications

I first became familiar with the U.S. Supreme Court decision in Rutan v. Republican Party of Illinois, when I began teaching employment law a few years after the decision was issued. Having spent six years in Illinois while attending law school and graduate school, and returning to teach at Chicago-Kent College Law, the case was of particular interest to me, as the names and location of the case all seemed so familiar. I found the dissent by Justice Antonin Scalia particularly interesting in that it raised a number of fascinating issues and made various assertions that seemed to make sense. …

Employment As Fiduciary Relationship, Matthew T. Bodie

All Faculty Scholarship

Under traditional agency law doctrine, employees are agents of their employers and owe an agent’s concomitant fiduciary duties. Employers, in turn, are merely principals and have no corresponding fiduciary duties. A new wave of thinking has unsettled this approach by concluding that only high-level employees have fiduciary responsibilities to their employers. Taking this controversy as a starting point, this Article reconceives the employment relationship as a mutual fiduciary relationship in which both employers and employees are fiduciaries of one another. Even though current law does not consider employers to be fiduciaries of their employees, employers have long had significant statutory …

Teaching Law As A Vocation: Local 1330, Promissory Estoppel, And The Critical Tradition In Labour Scholarship, Michael Fischl

Faculty Articles and Papers

A central feature of early work associated with critical legal studies was an effort to ‘break the seal’ between teaching and writing, the supposedly dichotomous dimensions of academic life. This essay locates the link in a ‘demystification’ project – a relentless focus on the recurring rhetorical structures of legal reasoning and argument – and nowhere is it more evident than in critical labour scholarship. The essay offers an extended illustration by deploying a series of critical classroom techniques in a study of Local 1330 v. U.S. Steel, a tragically unsuccessful effort by a union to prevent the closing of a …

The Uberization Of Arbitration Clauses, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In the early part of this decade, the Supreme Court’s decisions interpreting the Federal Arbitration Act (FAA) strictly enforced predispute arbitration clauses (PDAAs) with class action waivers and so-called “delegation” provisions in consumer contracts. Just after the Court’s 2013 ruling that clauses with class action waivers did not prevent claimants from vindicating their statutory rights, Uber— a company at the heart of the “gig economy”—started inserting PDAAs in agreements with its drivers and passengers. Uber’s move has generated dozens of challenges to its clause in lawsuits across the country, and thus dozens of federal court opinions contributing to modern FAA …

California Must Be Specified In Venue And Choice Of Law Employment Contract Provisions, Chris Micheli

University of the Pacific Law Review

No abstract provided.

It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn

American University Business Law Review

No abstract provided.

The Joint-Employer Standard After Browning-Ferris Ii & The 21st Century American Dream, Jay Forester

American University Business Law Review

No abstract provided.

Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Lessons From The Dramatists Guild For The Platform Economy, Matthew T. Bodie

All Faculty Scholarship

Are platform workers part of a firm or are they working as individual businesses? Are they providing their labor as part of a team, or do they hold on to individual capital throughout their transactions? This essay explores the question of employee versus independent contract through the specific examples of dramatists and screenwriters. Dramatists have chosen to conduct their work as separate artists; they maintain copyright over their work, and they retain control over its use. Screenwriters, on the other hand, work as part of a team; they hand over their copyright to the production company and cede control over …

Introduction: The American Law Institute's Restatement Of Employment Law: Comments And Critiques, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa

Marquette Sports Law Review

None

The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.

Marquette Sports Law Review

None

The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick

Marquette Sports Law Review

None

Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt

Marquette Sports Law Review

None

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Faculty Scholarship

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players …

Partnerships In Employment: State Self-Assessment Toolkit For Systems Change In The Transition Of Youth And Young Adults With Intellectual And Developmental Disabilities From High School, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This self-assessment tool was developed for those who wish to embark on state-wide governmental systems change to improve high school transition and employment outcomes for youth and young adults with intellectual and developmental disabilities (IDD). Its purpose is to aid in the development of a work plan that is based on a review of the state policies, practices, and strategies that impact transition from school and opportunities for competitive integrated employment of youth and young adults with IDD.

This tool incorporates research identifying elements of state government that support high rates of participation in integrated employment (Hall et al., 2007), …

Partnerships In Employment Brief: Influencing Changes In State Policy And Practice With Data On Subminimum Wages, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

Subminimum wage is a pervasive and controversial issue. In many states there are individuals with disabilities who earn as little as seven cents an hour and workers who do not earn any wages because they do not produce enough products to be paid wages for their work according to the 14(c) Certificate holder.

There are many ways that data on wages earned under Section 14(c) of the Fair Labor Standards Act, i.e., 14(c) Certificates can be used to influence changes in state policy and practice. This brief describes examples from Partnerships in Employment grantee states.

Ethical Decision Making: Balancing The Rights And Needs Of Stakeholders, Sarah Becker

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo

Faculty Articles

Because the idea that sharing economy companies operate as invisible bosses is central to many critiques of this new approach to labor exchange, Part I begins by explaining just what it is about their authority that makes it “invisible.” Part II extends this discussion to two earlier developments that, like the sharing economy, also significantly transformed the way Americans work: the franchise explosion of the 1950s and the spread of the independent contractor model in the late twentieth century. This article is the first to offer a detailed comparison of work practices used by sharing economy companies, franchises, and some …