Labor and Employment Law Commons^™

Unpaid Internships: Free Labor Or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt

Brigham Young University Education and Law Journal

No abstract provided.

Toil And Technology: Innovative Technology Is Displacing Workers To New Jobs Rather Than Replacing Them Entirely, James Bessen

Faculty Scholarship

At the Quiet Logistics distribution center north of Boston in the United States, a robot lifts a shelf and transports it through the warehouse to a workstation. There, an employee picks an item from the shelf and places it in a shipping box. Each robot in the distribution center does the work of one and a half humans.

Robots and other technologies are transforming supply chains, tracking items from source to consumer, minimizing shipping time and cost, automating clerical tasks, and more. But are they eliminating the need for human workers, leading to persistent technological unemployment?

Cinquante Ans D’Analyses Des Mutations Des Normes Du Travail En Amérique Du Nord: Voyage Comparatiste Autour De La Pensée De Harry Arthurs, Marie-Ange Moreau

All Papers

La pensée de Harry Arthurs permet de parcourir les changements intervenus dans l’analyse des protections des travailleurs depuis 50 ans en Amérique du Nord en raison du développement de la « nouvelle économie » qui sape les constructions anciennes du droit du travail élaborées à l’époque fordiste. Ses analyses construites à partir d’une approche de relations industrielles, et du « socio legal pluralism », conduisent au-delà de l’approche comparatiste à poser des questions centrales, autour des transformations normatives, de leurs causes, de leur sens, de leur avenir, autour de la citoyenneté sociale dans le monde post-moderne, autour des frontières du …

Under The Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does A Dismissal Count As A Strike: Coleman V. Tollefson (13-1333), Betsy Ginsberg

Articles

The Prison Litigation Reform Act of 1996 amended the federal in forma pauperis statute to include, among other provisions, what has become known as the “three strikes provision.” Under this provision, prisoners who have accumulated three strikes—three dismissals of cases that were frivolous, malicious, or failed to state a claim—are no longer permitted to proceed in forma pauperis unless they can show immediate danger of serious physical injury. This case asks the Court to determine whether a dismissal by the district court immediately counts as a strike or whether it does not count until any appeal of the dismissal has …

Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke

William & Mary Business Law Review

The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws cited …

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and …

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …

Illusory Protection: The Fifth Circuit’S Misguided Interpretation Of Title Vii’S Anti-Retaliation Provision In Hernandez V. Yellow Transportation, Inc., William C. Matthews

Florida Law Review

After Burlington Northern & Santa Fe Railway Co. v. White resolved the issue of what constitutes an “adverse action” under the Title VII anti-retaliation statute, the scope of employer liability was substantially broadened. The Supreme Court’s decision reinforced the broad intent behind the anti-retaliation statute and acknowledged the statute’s remedial purpose. The Fifth Circuit, however, has been reluctant to expand employer liability as evidenced through its interpretation of the “adverse action” prong relating to coworker harassment. More specifically, the Fifth Circuit’s “In Furtherance” standard, which is used to judge whether an employer is liable for coworker harassment in retaliation for …

Fact Sheet #71: Shortchanging The Unpaid Academic Intern, Patricia L. Reid

Florida Law Review

On the eve of the Fair Labor Standards Act’s seventy-fifth anniversary, unpaid academic internships threaten to outpace government regulation and undermine opportunities for gainful employment. Although coveted by students eager to fill a line on their résumé, unpaid academic internships are a subspecies of unpaid internships that might soon face extinction. While the advent of unpaid internship litigation decreases the likelihood that employers will plead ignorance of the law when they defend against disgruntled unpaid interns, recent litigation does little to clear up a half-century of contradictory case law. The only certainty that surrounds the legal status of unpaid academic …

Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities, Nicole Buonocore Porter

Florida Law Review

This Article explores the marginalization of two groups of employees—individuals with disabilities and workers with caregiving responsibilities. One might argue that these two groups have little in common. However, while these groups are not perfectly aligned, they do have much in common in the workplace. First, these employees are unable to consistently meet their employers’ expectations of an “ideal worker.” Thus, they often must seek adjustments or modifications in the workplace to accommodate for their failure to conform to the ideal-worker norm. The need for accommodation causes both groups of employees to suffer from “special-treatment stigma,” which manifests itself in …

The Tort Label, Sandra F. Sperino

Florida Law Review

This Article demonstrates the dangers of the tort label, using the lens of two core discrimination statutes: Title VII and the ADEA. However, the discussion has broader implications. Courts have applied the tort label to a variety of statutes and in a wide array of contexts.

This Article proceeds as follows. Part I discusses the move to tortify federal discrimination law. Parts II, III, and IV highlight serious problems with the way the courts understand, use, and apply tort law in the discrimination context. Part V discusses the stakes of the tort label, including its tendency to lead to unsatisfactory …

The Forgotten Role Of Consent In Defamation And Employment Reference Cases, Alex B. Long

Florida Law Review

As has been well documented, the fear of defamation suits and related claims lead many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing defamation action if the employee has consented to the release of information concerning the employee’s job performance. Thus, many attorneys now advise prospective employers to have applicants sign consent agreements, permitting the prospective employer to conduct an investigation into the applicant’s work history and releasing from liability anyone who provides information about the employee’s work history. The Restatement (Second) of …

Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc., Michelle Letourneau

Notre Dame Law Review

This Note will analyze the language of the United Airlines II decision, in light of Barnett, Seventh Circuit precedents regarding the reasonable accommodation of reassignment, and cases from other circuits that the Seventh Circuit cited in relevant part in its United Airlines II decision. Part I will provide an introduction to the relevant provisions of the ADA. Part II will summarize relevant portions of a series of cases predating United Airlines II that deal with the concept of reassignment as a reasonable accommodation under the ADA. These cases are discussed in considerable detail in order to highlight in Part III …

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn

Georgia Journal of International & Comparative Law

No abstract provided.

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.

General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Harmonization Of Labor Law In The Eec, Françoise Blanquet

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.