Labor and Employment Law Commons^™

The Legal Chokehold: Professional Employment In Ohio Under The Employment-At-Will Doctrine, Lorraine K. Phillips

Akron Law Review

This article seeks to present the employment-at-will doctrine and the theories of its erosion. In particular, the article will examine Ohio case law from a practical perspective, with emphasis on which theories are most likely to provide successful arguments around the employment-at-will rule. In addition, the article will reveal trends and possible future proposals to deal with employment disputes

Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.

Akron Law Review

The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.

This section focuses on the issue of teenage greed. First, the …

Employment At Will And Public Policy, Frank J. Cavico

Akron Law Review

The purposes of this article are to examine the current public policy case law, commentary, and related statutes, to explain and interpret in detail this significant area of employment law, and to propose a just principle to govern the discharge aspect of the employment relation.

United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry

Akron Law Review

In United Auto Workers v. Johnson Controls, Inc., the U.S. Supreme Court was faced with the task of deciding whether women's childbearing capacity could be used to limit women's job choices and opportunities within certain industrial/ manufacturing fields. The Court decided that the ability to bear children could be used to so limit women, but only if the employer met a high standard. In Johnson Controls, employees who worked in a toxic work environment sought a determination that their employer's fetal protection policy discriminated on the basis of sex in violation of Title VII of the Civil Rights Act …

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.

Beyond Crosby V. Beam: Ohio Courts Extend Protection Of Minority Stockholders Of Close Corporations, Kathleen L. Kuhlman

Akron Law Review

This Comment explores the possible ramifications of viewing working minority shareholders as term employees on both close corporation law and at-will-employment law in Ohio. Part I discusses the background and emergence of the heightened fiduciary duty owed by the majority stockholders to the minority stockholders in closely held corporations and the resultant protection of the minority. Part II discusses the current standing of the employment at-will doctrine and what protections exist for at-will employees in Ohio. Part III examines recent Ohio case law that compares close corporation employment with at-will-employment and analyzes the courts' reasoning behind creating a new exception …

Sexual Harassment In The Workplace: A Primer, Barry S. Roberts, Richard A. Mann

Akron Law Review

This Article is a primer for attorneys to use when advising their clients on how to address sexual harassment in the workplace. We will begin by describing the scope and severity of the sexual harassment problem. Then we will examine the recently strengthened federal law governing sexual harassment in the workplace. Finally, we will suggest policies and procedures for establishing and implementing a sexual harassment policy.

College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn

Akron Law Review

This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.

Of Taxes And Duties: Taxing The System With Public Employees' Tax Obligations, Kenneth H. Ryesky

Akron Law Review

Governmental agencies, including and especially those involved in the taxation function, have compelling reasons to insist that individuals in their employ comply with the laws of the land, including the personal tax requirements. As tax law complexity increases, so does the general propensity for noncompliance. The governmental agencies are thus confronted with increasing volumes of disciplinary issues relating to employee tax obligations. This article will explore how the various types of governmental agencies deal with enforcing compliance by their employees with personal taxation obligations, and will discuss how fallout from thetax law arena affects the efficiency of government as compliance …

Five Hundred Years Of English Poor Laws, 1349-1834: Regulating The Working And Nonworking Poor, William P. Quigley

Akron Law Review

This article will review how the working and the nonworking poor were regulated by 500 years of English poor laws. It will conclude with ideas about the principles which have since evolved to regulate the working and nonworking poor.

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames

Akron Law Review

This Note will discuss the three Supreme Court cases that, up to now, have defined Fourth Amendment doctrine regarding suspicionless drug testing in the public sector: National Treasury Employees Union v. Von Raab, Skinner v. Railway Labor Executives’ Association, and Vernonia School District v. Acton. Specifically, this Note will focus on the "special needs" analysis as it was articulated in these cases, as well as how that analysis was altered in Chandler. This Note will then thoroughly analyze the Chandler decision, pointing out its strengths in eliminating some of the subjectivity of Fourth Amendment doctrine. It will also explain the …

A Square Peg Trying To Fit Into A Round Hole: The Federal Communication Commission's Equal Employment Opportunity Regulations In Lutheran Church Missouri-Synod V. Federal Communications Commission, Pamela J. Holder

Akron Law Review

The purpose of this Note is to examine the judicial review of the FCC’s quasi-judicial powers. Part II explores the FCC’s EEO regulations and the appropriate standard of review for racial classifications. Part III reviews the particular facts of this case and the holding of the court. Finally, Part IV analyzes the court’s decision as a protection of the separation of powers doctrine.

West V. Gibson: Federal Employees Win The Battle, But Ultimately Lose The War For Compensatory Damages Under Title Vii, Christina M. Royer

Akron Law Review

This Note analyzes the Supreme Court's decision in West v. Gibson against the backdrop of the new damages provisions of the Civil Rights Act of 1991 and the EEOC system for federal employees. Section II provides a brief legislative history of the 1991 CRA, outlines the EEOC complaint procedure specifically tailored to federal sector employees, and describes the cases leading up to West v. Gibson. Section III describes the Supreme Court's reasoning in Gibson, and Section IV analyzes the decision, concluding that, given the realities of congressional compromise and systemic constraints, the Supreme Court's decision actually does little to benefit …

Genaro V. Central Transport: A New Direction In Ohio Law Regarding Employment Discrimination, Karen Gaum

Akron Law Review

Part I of this Note will examine the Genaro decision in depth, focusing on the Ohio Supreme Court’s reasoning. The court looked at the language of Ohio Revised Code Chapter 4112, specifically the use of the word “agent” as support for its imposition of individual liability. In addition, Part II will also examine the the policy goals the Ohio Supreme Court has attempted to achieve. Finally, Part II will also demonstrate that the Genaro decision is a poor one, one which was not legislatively intended, one that imposes an undue burden on individuals without a corresponding increase in benefit to …

Brief Amicus Curiae For The National Employment Lawyers Association In Support Of Petitioner. Green V. Brennan, 136 S.Ct. 1769 (2016) (No. 14-613), 2015 Wl 4381189, Roberta L. Steele, Eric Schnapper

Court Briefs

No abstract provided.

Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer

Akron Law Review

This Comment analyzes the resurgence of sovereign immunity under the Eleventh Amendment – what could be construed as a sort of “new federalism” – specifically in the context of federal employment statutes and state employees’ rights there under. The analysis focuses on the Fair Labor Standards Act (hereinafter FLSA), the Age Discrimination in Employment Act (hereinafter ADEA), and the Family and Medical Leave Act (hereinafter FMLA), because these statutes appear to be among those that are the most threatened by the Supreme Court’s recent actions. This Comment concludes that, because the scales are now tipped in favor of states' rights …

Covenants Not To Compete, John Dwight Ingram

Akron Law Review

This article will discuss the enforceability of covenants not to compete when they are used in commercial business settings. There will be no discussion of the forms of relief available if a court determines that a covenant is enforceable. Also omitted from this article are noncompetition agreements which accompany the sale of a business or dissolution of a partnership. Finally, a discussion concerning covenants not to compete between professionals (attorneys, physicians, etc.) will not be a part of this current article.

In most states today, courts will enforce a covenant not to compete if the covenant is found to be …

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …

Unionization At Justice Canada: A Case Study, Andrij Roman Kowalsky

PhD Dissertations

In April 2005, non-management lawyers working at the federal Department of Justice Canada (DOJ) were recognized by the Public Service Labour Relations Act (PSLRA) as employees. This dissertation explores DOJ lawyers unionizing by addressing two research questions: (1) what led DOJ lawyers to unionize with the Association of Justice Counsel (AJC)? and (2) what was the AJC’s experience in negotiating a first collective agreement?

The dissertation is organized using a conventional structure. The literature review presented in Chapter 2 maps the academic study of lawyer unionization. Chapter 3 elaborates on the dissertation’s research design as a case study. Chapter 4 …

Summary Of D&D Tire, Inc., V. Ouellette, 131 Nev. Adv. Op. 47 (Jul. 02, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that a subcontractor or independent contractor is not immune to liability for workplace injuries if the work being performed is a specialized repair. Ouellette was injured by an employee of Purcell while performing a task that would not be considered a specialized repair. The employee, however, was only present on the job site because of a specialized repair. The Court, however, held that the activity leading to the injury must be considered in context and the employee would not have been present but for the repair.