Worker Collective Action In The Digital Age,
2015
University of North Carolina School of Law
Worker Collective Action In The Digital Age, Jeffrey M. Hirsch
West Virginia Law Review
No abstract provided.
The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility,
2015
University of Wyoming College of Law
The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff
West Virginia Law Review
No abstract provided.
Managing For Social Change: Improving Labor Department Performance In A Partisan Era,
2015
Cornell University
Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris
West Virginia Law Review
No abstract provided.
From Weight Checking To Wage Checking: Arming Workers To Combat Wage Theft,
2015
University of Illinois College of Law
From Weight Checking To Wage Checking: Arming Workers To Combat Wage Theft, Matt Finkin
Indiana Law Journal
Wage theft refers to employer practices that result in employees taking home less than they are legally entitled to under federal and state law: paying below the legal minimum; not paying for time worked by having workers work “off the clock” before checking in, after clocking out, or by requiring work during unpaid break time; not paying for overtime work at the statutory overtime rate; for tipped employees, expropriating tips that should be the employee’s; or just not paying at all. In tandem with the massive shift in the economy from well-paid manufacturing jobs to low-wage service jobs, wage theft …
The Contract Of Employment At The Supreme Court Of Canada:
Employee Protection And The Presumption Of Employer Freedom,
2015
University of Western Ontario
The Contract Of Employment At The Supreme Court Of Canada: Employee Protection And The Presumption Of Employer Freedom, Gillian Demeyere
Dalhousie Law Journal
This article critically examines the Supreme Court of Canada's treatment of the contract of employment in its wrongful dismissal jurisprudence over the last 25 years, with the aim of challenging the view that only by exempting the contract of employment from the ordinary workings of contract doctrine or by resorting to public policy considerations can the common law of dismissal provide adequate protection for employees. The Court's jurisprudence reveals a commitment to what this paper calls the presumption of employer freedom, a view of the contract of employment which has its origins in the status-based master and servant relationship and …
Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination,
2015
Fordham University School of Law
Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination, Christina O'Connell
Fordham Law Review
As the number of Americans with criminal histories grows significantly, states and cities across the nation have reacted by adopting ban-the-box laws. Ban-the-box laws received their name because they ban the criminal history box on initial hiring documents. The goal of the ban-the-box movement is to promote job opportunities for persons with criminal records by limiting when an employer can conduct a background check during the hiring process and encouraging employers to take a holistic approach when assessing an applicant's fit for a position.
There is no federal ban-the-box law, but states have taken varying approaches to adopting ban-the-box statutes. …
Failed Efforts Of The Nitaqat: An Examination Of The New Saudization Initiative Aimed At Easing Unemployment Issues In Saudi Arabia,
2015
Benjamin N. Cardozo School of Law
Failed Efforts Of The Nitaqat: An Examination Of The New Saudization Initiative Aimed At Easing Unemployment Issues In Saudi Arabia, Feida Zhao
Cardozo Journal of International and Comparative Law
No abstract provided.
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity,
2015
University of Tennessee College of Law
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
Michigan Law Review
Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …
Griggs At Midlife,
2015
Indiana University Maurer School of Law
Griggs At Midlife, Deborah A. Widiss
Michigan Law Review
Not all Supreme Court cases have a midlife crisis. But it is fair to say that Griggs v. Duke Power Co., which recently turned forty, has some serious symptoms. Griggs established a foundational proposition of employment discrimination law known as disparate impact liability: policies that significantly disadvantage racial minority or female employees can violate federal employment discrimination law, even if there is no evidence that the employer “intended” to discriminate. Griggs is frequently described as one of the most important decisions of the civil rights era, compared to Brown v. Board of Education for its “momentous social consequences.” In 1989, …
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law,
2015
University of the District of Columbia School of Law
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
University of the District of Columbia Law Review
No abstract provided.
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children,
2015
University of the District of Columbia School of Law
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It,
2015
University of the District of Columbia School of Law
The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand
University of the District of Columbia Law Review
Couples regularly complain about marriage penalties,' discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage.
Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011),
2015
University of Arkansas Little Rock
Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt
University of Arkansas at Little Rock Law Review
No abstract provided.
"I Mean, You're Not Staff": The Employee Classification Circuit Split And Why The Southern District Of New York's Totality Of The Circumstance Test From Glatt V. Fox Searchlight Pictures Inc. Deserves A Lead Role,
2015
Villanova University Charles Widger School of Law
"I Mean, You're Not Staff": The Employee Classification Circuit Split And Why The Southern District Of New York's Totality Of The Circumstance Test From Glatt V. Fox Searchlight Pictures Inc. Deserves A Lead Role, Jamey Collidge
Villanova Law Review (1956 - )
No abstract provided.
Newsroom: Yelnosky On State Pension Lawsuit,
2015
Roger Williams University
Newsroom: Yelnosky On State Pension Lawsuit, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982).,
2015
University of Georgia School of Law
International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus
Georgia Journal of International & Comparative Law
No abstract provided.
The Third Circuit Lays Another Trap For Unsuspecting Employers: Lupyan V. Corinthian Colleges Inc.,
2015
Villanova University Charles Widger School of Law
The Third Circuit Lays Another Trap For Unsuspecting Employers: Lupyan V. Corinthian Colleges Inc., Keely Jac Collins
Villanova Law Review (1956 - )
No abstract provided.
Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico,
2015
University of Georgia School of Law
Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker
Georgia Journal of International & Comparative Law
No abstract provided.
(Un)Equal Protection: Why Gender Equality Depends On Discrimination,
2015
Northwestern Pritzker School of Law
(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter
Northwestern University Law Review
Most accounts of the Supreme Court’s equal protection jurisprudence describe the Court’s firm opposition to sex discrimination. But while the Court famously invalidated several sex-based laws at the end of the twentieth century, it also issued many other, less-celebrated decisions that sanctioned sex-specific classifications in some circumstances. Examining these long-ignored cases that approved of sex discrimination, this Article explains how the Court’s rulings in this area have often rejected the principle of formal equality in favor of broader antisubordination concerns. Outlining a new model of equal protection that authorizes certain forms of sex discrimination, (Un)Equal Protection advocates for one particular …
The Impact Of Affirmative Action On The Employment Of Minorities And Women Over Three Decades: 1973-2003,
2015
University of Massachusetts Amherst
The Impact Of Affirmative Action On The Employment Of Minorities And Women Over Three Decades: 1973-2003, Fidan Ana Kurtulus
Upjohn Institute Working Papers
What role has affirmative action played in the growth of minority and female employment in U.S. firms? This paper analyzes this issue by comparing the employment of minorities and women at firms holding federal contracts and therefore mandated to implement affirmative action, and at noncontracting firms, over the course of three decades spanning 1973–2003. It constitutes the first study to comprehensively document the long-term impact of affirmative action in federal contracting on the U.S. employment landscape. The study uses a new panel data set of over 100,000 large private-sector firms across all industries and regions, obtained from the U.S. Equal …
