Labor and Employment Law Commons^™

Bare Minimum: Stripping Pay For Independent Contractors In The Share Economy, Michael H. Leroy

William & Mary Journal of Race, Gender, and Social Justice

My study explores a small but revealing corner of the share economy, where an individual’s private resources are bartered for limited use by others in exchange for compensation. Strip clubs create value for owners by commoditizing sexual labor. Clubs avoid employment in favor of independent contracting with dancers. They pay no wages or benefits; patrons pay dancers with fees and tips. But clubs extract entry fees from dancers who work; require them to rent dressing rooms and stage time; and compel them to share tips with DJs, emcees, house moms, bouncers, and bartenders. My research identified seventy-five federal and state …

Newroom: Yelnosky: Future Of Public Sector Union 'Dues' 01-14-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sixth Circuit Undermines Labor Statute, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Connecting Nineteenth-Century Antislavery And Labor Movements With Twenty-First-Century Workers’ Rights, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Exhausted Yet? Stephens V. Pension Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spotts

Maine Law Review

By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private pension plans, …

Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Employer Liability For Non-Employee Discrimination, Dallan F. Flake

Law Faculty Scholarship

No abstract provided.

The Afscme – State Of Illinois Negotiations: Traveling In Uncharted Waters, Martin Malin

All Faculty Scholarship

No abstract provided.

Jess Smith And The Design Firm, Gabriel Tenaglia

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan

Richard T. Schellhase Essay Prize in Ethics

It is the recommendation of this author that, in regards to this case, Jess Smith should complete the project despite her misgivings about the ethical nature of the band. However, Smith should ensure that both the client and manager are notified of her concerns along with the specific components of the project with which she took issue. The case of Jess Smith and the Design Firm ultimately highlights the issue regarding how to resolve dissonance between personal belief and professional values and more broadly the challenge of facing other ideas that challenge an individual’s personal convictions.

Vol. 34, No. 1, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

The AFSCME - State of Illinois Negotiations: Traveling in Uncharted Waters, by Martin H. Malin

Recent Developments

Introduction (Unequal: How America's Courts Undermine Discrimination Law), Sandra F. Sperino, Suja A. Thomas

Faculty Articles and Other Publications

This is chapter 1 of Sandra F. Sperino and Suja A. Thomas, Unequal: How America's Courts Undermine Discrimination Law (2017)

Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel

Articles

No abstract provided.

Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan

Irish Business Journal

Trade unions in the private sector and the commercial semi-states have rejected voluntarist Labour Court recommendations in the industrial relations arena in a significant number of high-profile cases in recent times. Conversely, in parts of the public sector, there has been a move towards the adoption of binding dispute resolution systems. Brian Sheehan suggests that respect for the state’s dispute resolution agencies and need for expertise and experience in dispute management is as great as ever.

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 …

The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational …

People Analytics And Invisible Labor, Miriam A. Cherry

All Faculty Scholarship

This article explores two trends in labor and employment law: people analytics and invisible labor. People analytics includes the practice of employers using quantitative data to make objective decisions regarding employees. Invisible labor includes work that is unrecognized because it involves emotional work, or that is hidden due to the intermediation of technology. The article then discusses the paradox of the two trends. As people analytics relies on data for decision-making, how can employers use data analytics if there are increasingly invisible components to work? The article considers solutions: should people analytics include components of hidden labor, explicitly recognize 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 …