Labor and Employment Law Commons^™

Vol. 32, Nos. 3 & 4, Robert Bruno, Thomas F. Sonneborn

The Illinois Public Employee Relations Report

The Changing Landscape and Future of Labor Relations: A View from Organization Labor, by Robert Bruno

Conducting Independent Research: Should an Arbitrator Look Beyond the Record for the Facts or the Laws?, by Thomas Sonneborn

Recent Developments

"Juuuussst A Bit Outside": A Look At Whether Mlb Owners Can Justify Paying Minor Leaguers Below Minimum Wage Without Violating The Fair Labor Standards Act, Mark Stanton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Does Work Law Have A Future If The Labor Market Does Not?, Noah D. Zatz

Chicago-Kent Law Review

This Essay is based on the 37th Annual Kenneth M. Piper Lecture. It offers a new perspective on the much-discussed “future of work.” That discussion typically highlights changes within the labor market that undermine the employment relationship’s role as the bedrock for work regulation. But might something even deeper be afoot, namely the disintegration of “the labor market” itself? Several recent developments challenge the legal construction of employment as occurring wholly inside a distinctive, and distinctively economic, market sphere. This Essay considers Uber and the relationship between work and “sharing,” Hobby Lobby and the relationship between work and religion, the …

The Cat’S Paw Supervisor: Vance V. Ball State University’S Flexible Jurisprudence, Daniel Leigh

Northwestern University Law Review

It is easier to hold a company liable for workplace harassment perpetrated by a supervisor than by a coworker. In Vance v. Ball State University, the Supreme Court attempted to clarify the crucial yet enigmatic definition of “supervisor.” In doing so, the Court created a definition that early commentators criticized as too narrow and too inflexible to capture the varied structures of the modern workplace. In contrast to those commentators, this Note argues that Vance’s definition is flexible enough to encompass all workplaces. Vance’s definition does this by incorporating the tort concept of proximate causation into employment …

Preparing For Another Round Of Collective Bargaining In The National Basketball Association, Scott Bukstein

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Kicking Away Responsibility: Fifa's Role In Response To Migrant Worker Abuses In Qatar's 2022 World Cup, Azadeh Erfani

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Comparative Analysis Of The Protections Of Workers' Demands In The People's Republic Of China And The United States In The Global Economy -- The Costs And Benefits Of Collective Bargaining, Xiaohan Sun

Maurer Theses and Dissertations

No abstract provided.

Partnerships In Employment National Transition Systems Change Project: Building A Transition-To-Employment Agenda, Institute For Community Inclusion, University Of Massachusetts Boston

All Institute for Community Inclusion Publications

The national Partnerships in Employment (PIE) National Transition Systems Change Project was established in 2011 by the Administration on Intellectual and Developmental Disabilities. This five-year project focuses on improving, developing, and implementing policies and practices that raise community expectations and overall employment outcomes for youth with intellectual/developmental disabilities (I/DD). Now in the last phase of the funding cycle, the eight state projects involved in the PIE initiative (Alaska, California, Iowa, Mississippi, Missouri, New York, Tennessee, and Wisconsin) are uniquely positioned to provide youth employment recommendations to federal, state, and local agencies. In this document, we share several of the findings …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Perhaps the most significant cases during the 2014 survey period were those that were not handed down by United States Supreme Court, rather than the cases that were decided. Easily the most talked about case during the survey period was the case pending before the Supreme Court, Young v. United Parcel Service, Inc., in which the Court will decide whether the Pregnancy Discrimination Act requires employers to offer work place accommodations to pregnant employees in order to remain on the job. Another high profile case is Mach Mining, LLC v. Equal Employment Opportunity Commission, in which the Supreme Court will …

The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green

Faculty Scholarship

In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Faculty Scholarship

An evaluation of normative and legal frameworks to encourage the employment of people with criminal convictions is in order. While current approaches are likely to eliminate overbroad initial hiring screens, there remains the unfinished project of reintegrating persons with criminal convictions into the workforce. For this, policy tools are needed to discourage the misuse of irrelevant criminal convictions and to encourage a contextualized evaluation of criminal convictions and the fair consideration of applicants’ qualifications separate from them.

This Article proposes a disability normative and legal framework as a useful approach to guide this analysis. Disability laws first consider the privacy …

Labour Law And Transnational Law: The Fate Of Legal Fields / The Trajectory Of Legal Scholarship, Harry Arthurs

Conference Papers

In this lecture, I’m going to explain how and why I came to write my article, The Law of Economic Subordination and Resistance. I hope that by doing so, I will be able to shed some light not only on my own field of labour law, but on the larger problem of how legal fields or domains of legal knowledge, come into existence, change or become obsolete, and in the end are either transformed or superseded altogether. I will be talking about labour law, but I hope you will be thinking about transnational law. I’m going to try to persuade …

Relevance Is Irrelevant: A Plain Meaning Approach To Title Vii Retaliation Claims, Eric Ledger

Akron Law Review

This article is a case note on the Sixth Circuit’s decision in Niswander. The position of this note is that for the purpose of establishing a retaliation claim under Title VII, 42 U.S.C.A. § 2000e3(a), courts should consider the good-faith production of confidential documents in response to a formal request for discovery as participation activity, not opposition activity. Whether the produced documents are relevant to a formal discovery request should not factor into the participation analysis. The determining question should be whether the employee acted in good faith.

This note will first describe the factual background of the Niswander …

Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis, Ofer Tur-Sinai

Akron Law Review

This Article challenges this one-dimensional approach and calls for a more frequent use of non-utilitarian considerations in discussions of the patent system. To be sure, this Article does not call for the complete abolition of economic analysis of patent law, which, despite its shortcomings, remains the most important tool in the evaluation of legal rules in this arena, where the vast majority of the players are motivated primarily by economic considerations. However, it does call for a broader use of non-economic considerations, particularly those embedded in the labor theory and the personality theory, alongside the economic analysis. As will be …

Restrictive Covenants In Illinois: Adequate Consideration Problems Show That The Common Law Is An Inadequate Solution, David S. Repking

Chicago-Kent Law Review

Illinois courts have long dealt with whether restrictive covenants, specifically non-compete clauses, can and should be enforced when they involve employees of businesses. Many aspects of restrictive covenants have been litigated, but a recent Illinois Appellate Court case analyzed the issue of what is adequate consideration in order to enforce a restrictive covenant against a former employee. The First District in Fifield v. Premier Dealer Services, Inc., affirmed a bright-line, two-year rule for deciding how long an employee must work for an employer before a re-strictive covenant can be enforced.

The two-year rule protects employees because an employer cannot …

Newsroom: Ri Center For Justice Takes Off, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny

Articles

This article presents findings from a survey of professional workers in the institutes of technology sector in Ireland regarding work-related stress. The research instrument was based on a work-related stress questionnaire developed by the UK Health and Safety Executive, augmented with a specific subset of questions relevant to the Irish higher education sector. The questionnaire format was modified to enable online delivery. It was distributed to a sample population in 2014 with a response rate over 30% (n=1,131). The research provides baseline data on work-related stress levels experienced by workers in this sector. The results associate increased levels of risk …

401(K) Plan Expenses, Anne Becker, Jeffrey Arnold

Pension Action Center Publications

Under a 401(k) plan, your benefit is your vested account balance. This account balance reflects the contributions you make to the plan, the contributions your employer makes to the plan on your behalf (if any), and investment gains and losses.

Many 401(k) plan participants are responsible for choosing how to invest their account balances. If you direct the investment of your 401(k) plan account balance, it is important to understand that fees and expenses may substantially reduce the growth of your 401(k) plan account balance over the course of your working life. The Department of Labor (DOL) estimates that paying …

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin

Georgia Journal of International & Comparative Law

No abstract provided.