Labor and Employment Law Commons^™

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.

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 …

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.