Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

11,169 Full-Text Articles 8,576 Authors 8,863,851 Downloads 215 Institutions

All Articles in Labor and Employment Law

Faceted Search

11,169 full-text articles. Page 175 of 246.

A Tale Of Two Appellations: A Comparative Study Of International Agreements And Prevailing Law Impacting The Availability Of Seasonal Employees For The Wine-Grape Harvest In California's Napa Valley And France's Bordeaux Appellation, Michael K. Edmonson 2014 University of Georgia School of Law

A Tale Of Two Appellations: A Comparative Study Of International Agreements And Prevailing Law Impacting The Availability Of Seasonal Employees For The Wine-Grape Harvest In California's Napa Valley And France's Bordeaux Appellation, Michael K. Edmonson

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis 2014 Seton Hall University School of Law

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of Revolution: Black Trade Unions, Workplace Forums, And The Struggle For Democracy In South Africa, C. Matthew Smith 2014 University of Georgia School of Law

The Right Of Revolution: Black Trade Unions, Workplace Forums, And The Struggle For Democracy In South Africa, C. Matthew Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison 2014 University of Detroit Mercy

Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison

Georgia Journal of International & Comparative Law

No abstract provided.


Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. DiFazio 2014 University of Georgia School of Law

Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. Difazio

Georgia Journal of International & Comparative Law

No abstract provided.


The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip DeHart 2014 University of Georgia School of Law

The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart

Georgia Journal of International & Comparative Law

No abstract provided.


On “Trafficking And Health”, Dominique Stewart 2014 Chapman University

On “Trafficking And Health”, Dominique Stewart

e-Research: A Journal of Undergraduate Work

This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …


"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova 2014 University of Georgia School of Law

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.


Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele 2014 University of Georgia School of Law

Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware 2014 University of Delaware

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson 2014 International Monetary Fund

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy 2014 Seattle University School of Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …


The Fourth Trimester, Saru M. Matambanadzo 2014 Tulane University Law School

The Fourth Trimester, Saru M. Matambanadzo

University of Michigan Journal of Law Reform

This Article introduces a new conceptual framework to the legal literature on pregnancy and pregnancy discrimination: the fourth trimester. The concept of a fourth trimester, drawn from maternal nursing and midwifery, refers to the crucial three to six month period after birth when many of the physical, psychological, emotional, and social effects of pregnancy continue. Giving this concept legal relevance extends the scope of pregnancy beyond the narrow period defined by conception, gestation, and birth and acknowledges that pregnancy is a relational process, not an individual event. In the United States, however, antidiscrimination law has failed to acknowledge the demands …


Employment Arbitration Reform: Preserving The Right To Class Proceedings In Workplace Disputes, Javier J. Castro 2014 University of Michigan Law School

Employment Arbitration Reform: Preserving The Right To Class Proceedings In Workplace Disputes, Javier J. Castro

University of Michigan Journal of Law Reform

The recent judicial enforcement of class waivers in arbitration agreements has generated ample debate over the exact reach of these decisions and their effects on the future of collective action for consumers and employees. In AT&T Mobility v. Concepcion, a 5-4 majority of the Supreme Court majority held that the Federal Arbitration Act (FAA) preempted state laws prohibiting companies from incorporating class action waivers into arbitration agreements. The Court upheld such waivers on the grounds that they are consistent with the language and underlying purpose of the FAA. Most courts across the country have since reinforced the strong federal policy …


“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil 2014 Washington and Lee University School of Law

“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock 2014 Vanderbilt Law School

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Washington and Lee Law Review

Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …


Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan

Nevada Law Journal

No abstract provided.


A Study On The Domestic Application Of Maritime Labour Convention 2006 In China, Sha Yi 2014 World Maritime University

A Study On The Domestic Application Of Maritime Labour Convention 2006 In China, Sha Yi

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


The Study On Manning Issues Of Chinese Dry Cargo Ships, Yong Wang 2014 World Maritime University

The Study On Manning Issues Of Chinese Dry Cargo Ships, Yong Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Brief For Respondents. Integrity Staffing Solutions, Inc. V. Busk, 135 S.Ct. 513 (2014) (No. 13-433), 2014 Wl 3866627, Mark R. Thierman, Joshua D. Buck, Eric Schnapper 2014 University of Washington School of Law

Brief For Respondents. Integrity Staffing Solutions, Inc. V. Busk, 135 S.Ct. 513 (2014) (No. 13-433), 2014 Wl 3866627, Mark R. Thierman, Joshua D. Buck, Eric Schnapper

Court Briefs

QUESTIONS PRESENTED

(1) Does the time an hourly employee spends participating in an employer-mandated anti-theft search constitute "work" within the meaning of the Fair Labor Standards Act?

(2) If such a search occurs at the end of the workday, is the employee’s time nonetheless non-compensable as a postliminary activity under the Portal-to-Portal Act?


Digital Commons powered by bepress