Labor and Employment Law Commons^™

Newsroom: Yelnosky On Franchisor Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich

Nevada Supreme Court Summaries

The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.

Brief For Respondents. Tyson Foods, Inc. V. Bouaphakeo, 136 S.Ct. 1036 (2016) (No. 14-1146), 2015 Wl 5634431, David C. Frederick, Derek T. Ho, Matthew A. Seligman, Robert L. Wiggins Jr., Scott Michelman, Scott L. Nelson, Allison M. Zieve, Eric Schnapper

Court Briefs

QUESTIONS PRESENTED

1. Whether, in this class and collective action for wage-and-hour violations arising out of an employer's failure properly to compensate employees for time spent donning and doffing protective equipment and walking between sites where work was performed, the district court abused its discretion in granting certification where plaintiffs proceeded to prove the amount of work they did using individual timesheet evidence and representative proof concerning donning, doffing, and walking times in accordance with Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946).

2. Whether a class or collective action may be certified when it contains members …

The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen

All Faculty Scholarship

A surety faces potential exposure to a multitude of liabilities under payment and performance bonds issued for state and federally funded bonded projects as well as from the express obligations imposed by private common law performance and payment bonds. This paper, however, focuses only on a surety’s potential exposure for wage and related liabilities.

Under federal law, a surety faces possible liability under a Miller Act Payment Bond to laborers for the bonded principal’s failure to pay wages. Union trusts may also recover against a surety under a Miller Act Payment Bond for the bonded principal’s failure to remit union …

A Practitioner's Guide To United States Employment Taxation Of Nonresident Aliens Working In The United States, John L. Gornall Jr., John B. Copenhaver

Georgia Journal of International & Comparative Law

No abstract provided.

Regulations And Flexibility, Donald Roth

Faculty Work Comprehensive List

"Salaried workers are more likely to blur their work and home lives by taking work home, checking emails at night, or telecommuting."

Posting about changes in labor laws from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/regulations-and-flexibility/

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird

West Virginia Law Review

No abstract provided.

Toward Politically Stable Nlrb Lawmaking: Rulemaking Vs. Adjudication, Charlotte Garden

Faculty Articles

For the last several decades, there have been two constants with respect to the National Labor Relations Board. First, the modern Board has been notoriously reluctant to use its rulemaking authority; until recently, it had made only one significant substantive rule via the notice-and-comment process. Second, commentators academics, lawyers, judges, and politicians have issued a steady stream of calls for the Board to make law via rulemaking rather than through adjudications, arguing for the rulemaking process on both pragmatic and normative grounds. In recent years, however, the first of these has changed: the Board has engaged in two significant rulemaking …

Foreword: The Restatement Of Employment Law Project, Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, Stewart J. Schwab

Faculty Scholarship

After over a dozen years of work, the American Law Institute (ALI or Institute)'s Restatement of Employment Law has been completed. The membership of the ALI, the nation's leading private organization dedicated to clarifying and improving the law, approved the proposed final draft, subject to editing, at its May 2014 annual meeting. The final edits are done and the volume is now available both electronically and as a book to practitioners, judges, scholars, and law libraries around the country and world.

We have had the honor to serve as Reporters for the Restatement of Employment Law and are pleased to …

Fashioning A General Common Law For Employment In An Age Of Statutes, Michael C. Harper

Faculty Scholarship

In the current post-Erie age of statutes the Supreme Court continues to have potential influence over the development of a “general” common law used to decide recurring issues governed by state law. This influence, which has drawn little commentary, derives from the Court’s authority to consider analogous issues when filling gaps in federal statutes, sometimes through express reliance on general common law. The influence is through the power to persuade, like that of the federal judiciary in its general common lawmaking age of Swift, rather than through the power to command, like that of the federal judiciary in the formulation …

Obergefell’S Prescription: Why The Fourteenth Amendment Trumps State Employees’ Free Exercise Claims, Douglas B. Mckechnie

ConLawNOW

Soon after the United States Supreme Court’s decision in Obergefell v. Hodges, some elected officials and civil servants objected to the requirement that same-sex couples be offered marriage licenses. In particular, they argued that a government employee whose job duties include issuing marriage licenses cannot be forced to do so if it would violate his or her religion’s dictates. This piece argues that position is unavailing as it ignores the jurisprudence construing the free exercise clause of the First Amendment as well as the mandate created by the Court’s interpretation of the Fourteenth Amendment in Obergefell.

Israel Security Association V. National Labor Court, Daphne Barak-Erez, Hanan Melcer, Zvi Zylbertal

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Facts: The petitions concerned the interpretation of section 10 (3) of Schedule Two of the Class Actions Law, which restricts the possibility of instituting a class action in labor law in the case of a “suit by an worker who is subject to a collective agreement that regulates the terms of his employment, and the employer of that worker, or trade association of which …

Study Of Noncompliance With Mlc 2006 In Protection On Rights And Interests Of Seafarers Serving On China's Coastal Vessels And Its Countermeasures, Yanhai Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

An Examination Of Two Aspects Of The Nlrb Representation Election: Employee Attitudes And Board Inferences, William H. Fitzgerald, D. Richard Froelke

Akron Law Review

In any event, the National Labor Relations Board (NLRB) has, during the last 35 years, made the ballot, with its implications of order and stability, available to over 25 million American workers. Some may suppose that the bulk of union organization has already taken place and that today the election function of the NLRB is relatively unimportant. This is not the case.

The purpose of this paper is to examine, through the use of random sampling techniques, employee reactions to unions and employers, and to examine the effectiveness of NLRB policies followed in the regulation of representation elections.

The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke

Akron Law Review

In fiscal year 1968 more than a half million employees cast ballots in NLRB-conducted representation elections. Over the years more than twenty-five million employees have cast ballots in NLRB-supervised elections. Consequently, it seems worthwhile to review, in the light of the First Amendment, the NLRB's attempt to regulate the conduct of elections in which employees choose whether to become organized.

A Historical Sketch Of Anglo-American Medical Law (With Emphasis On The Maxim Of Respondeat Superior), Dennis O. Norman

Akron Law Review

In MEDICAL JURISPRUDENCE, the medical and legal professions are united to encompass a wide range of human activity. The spectrum of medical law is so broad that a thorough consideration of its historical development would require the writing of several volumes. Consequently, this article confines itself to a discussion of the primary origins and major developments of Anglo American medical jurisprudence. Special emphasis has been placed upon the agency concept of respondeat superior, since this doctrine plays a prominent role in medical law and since the doctrine has been used of late to significantly expand the potential liability of the …

Public Employee Strikes In Ohio: The Ferguson Act Reconsidered, Donald J. Hoffman, Donald J. Newman

Akron Law Review

A SOCIETY CHANGES through normal evolutionary processes, the laws by which that society elects to be governed must also be changed.2 The diminution of the rationale for a given law tends to render that law vacuous. Impossibility of effective enforcement of the law will often render a law impotent. Failure by the appropriate legislative body to revise or repeal such laws to more accurately accommodate the current consensus results in a general deterioration of society's respect for law. An example is the Ferguson Act, which unequivocably prohibits any public employee in Ohio from striking. It has become clear that the …