Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions,
2015
University of Georgia School of Law
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb,
2015
University of Florida Levin College of Law
Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson
Florida Law Review
Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have led some observers to suggest that employees who use social media may not find adequate legal protection from wrongful termination. This Note refutes this contention by analyzing current laws that may protect employees from adverse employment actions due to their use of social media. This …
Newsroom: Yelnosky On Firefighters Decision,
2015
Roger Williams University
Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Vol. 32, No. 1,
2015
Chicago-Kent College of Law
Vol. 32, No. 1, James C. Franczek, Laura E. Knittle, Patrick M. Depoy
The Illinois Public Employee Relations Report
Illinois Votes for Change: So What Kind of Changes Can We Expect?, by James C. Franczek Jr., Laura E. Knittle, and Patrick M. DePoy
Recent Developments
Free Speech For Some: The Nlra, Secondary Boycotts, And The First Amendment,
2015
IIT Chicago-Kent College of Law
Free Speech For Some: The Nlra, Secondary Boycotts, And The First Amendment, Seth B. Kennedy
Louis Jackson National Student Writing Competition
No abstract provided.
Coming Out Of The Shadows Of Sheltered Workshops And Subminimum Wage: Exploring The Exploitation Of Disabled Workers Under Section 214(C) Of The Fair Labor Standards Act,
2015
Suffolk University Law School
Coming Out Of The Shadows Of Sheltered Workshops And Subminimum Wage: Exploring The Exploitation Of Disabled Workers Under Section 214(C) Of The Fair Labor Standards Act, Jillian Guilfoyle
Louis Jackson National Student Writing Competition
No abstract provided.
Executive Orders And The Struggle For Workplace Equality,
2015
The University of Denver Sturm College of Law
Executive Orders And The Struggle For Workplace Equality, David C. Roth
Louis Jackson National Student Writing Competition
No abstract provided.
Colorism Among South Asians: Title Vii And Skin Tone Discrimination,
2015
University of Maryland - Baltimore
Colorism Among South Asians: Title Vii And Skin Tone Discrimination, Taunya L. Banks
Faculty Scholarship
In 2013 Nina Davuluri, an Asian Indian from Syracuse, NY, became the first South Asian-American Miss America. The largely congratulatory comments from South Asian bloggers while reveling in the significance of her win, also commented on her skin tone, characterizing the new Miss America as dark brown, some adding that Davuluri would have never won the Miss Indian America USA title because she is “too dark.” Early discussions of colorism, skin tone bias, by legal scholars focus on how the practice impacts black Americans or other persons with some African ancestry. Yet the comments from South Asians about Davuluri’s skin …
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases,
2015
Mitchell Hamline School of Law
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
William Mitchell Law Review
No abstract provided.
Work Made For Hire – Analyzing The Multifactor Balancing Test,
2015
University of New Hampshire School of Law
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings,
2015
University of Idaho College of Law
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Articles
No abstract provided.
Fundamentals Of Workers' Compensation In Minnesota,
2015
Mitchell Hamline School of Law
Fundamentals Of Workers' Compensation In Minnesota, Thomas F. Coleman
William Mitchell Law Review
No abstract provided.
A Comparison Of Wisconsin And Minnesota Workers' Compensation Claims,
2015
Mitchell Hamline School of Law
A Comparison Of Wisconsin And Minnesota Workers' Compensation Claims, Thomas M. Domer, Michael R. Johnson
William Mitchell Law Review
No abstract provided.
Retaliation And The Reasonable Person,
2015
University of Cincinnati College of Law
Retaliation And The Reasonable Person, Sandra F. Sperino
Faculty Articles and Other Publications
When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as insufficiently serious to constitute retaliation.
Many courts hold that it is legal for an employer to threaten to fire a worker, to place the worker on administrative leave, or to negatively evaluate the worker because she complained about discriminatory conduct. Even if the worker has evidence …
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender,
2015
University of Arkansas, Little Rock, William H. Bowen School of Law
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles
Michigan Journal of Gender & Law
Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …
A Franchisor's Flsa Liability For Its Franchisee's Workers: Why Operational Control Over Employment Conditions Should Make A Franchisor A Joint Employer,
2015
Maurice A. Deane School of Law at Hofstra University
A Franchisor's Flsa Liability For Its Franchisee's Workers: Why Operational Control Over Employment Conditions Should Make A Franchisor A Joint Employer, Bryan Arbeit
Hofstra Labor & Employment Law Journal
No abstract provided.
Reality’S Bite,
2015
Florida International University College of Law
Reality’S Bite, Kerri Lynn Stone
Faculty Publications
The realities of the workplace have been captured by years of socio-scientific, industrial organizational, and other psychological research. Human behavior and thought, interpersonal dynamics, and organizational behavior, with all of their nuances and fine points, are now better understood than they have ever been before, but unless they are used to inform and buttress the rules of law and interpretations promulgated by courts, Title VII’s ability to successfully regulate the workplace to rid it of discrimination will be threatened. This article expands upon that premise, lamenting judges, and specifically justices having eschewed available research and other insights into workplace realities, …
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015),
2015
UIC School of Law
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim,
2015
Marquette University Law School
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim, Donald T. Bogan
Marquette Benefits and Social Welfare Law Review
ERISA recites in § 502(d)(1) that a plan can sue and be sued as an entity. Does such a legislative pronouncement, in and of itself, establish the plan as a juristic person? Further, does Congress’s declaration that a plan can be sued suggest that no other person or entity can be held liable in an ERISA § 502(a)(1)(B) benefits claim? Relying upon ERISA § 502(d)(1), long-standing authority in the Ninth Circuit Court of Appeals, and in other circuits, holds that the plan, and only the plan, is a proper party defendant in an ERISA § 502(a)(1)(B) benefits claim. That is …
University of Baltimore
Recent Development: Antonio V. Ssa Sec., Inc.: Upon Exhausting All Other Tools Of Statutory Interpretation, Policy Considerations Revealed That The Maryland Legislature Did Not Intend To Abrogate The Common Law Doctrine Of Respondeat Superior Through The Enactment Of § 19-501 Of The Maryland Security Guards Act, David Bronfein
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Maryland Security Guards Act, Section 19-501 of the Maryland Code, Business Occupations and Professions Article (“section 19-501”) does not expand a security guard agency’s liability for unauthorized employee conduct; rather, the statute remains consistent with the liability prescribed by Maryland’s common law doctrine of respondeat superior. Antonio v. SSA Sec., Inc., 442 Md. 67, 90, 110 A.3d 654, 667 (2015). Finding the plain language, context, and legislative history of the statute to be ambiguous and unconvincing, the court was ultimately persuaded by policy considerations behind upholding the common law doctrine of …
