"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?
Outsiders Looking In: Advancing The Immigrant Worker Movement Through Strategic Mainstreaming,
2014
Temple University Beasley School of Law
Outsiders Looking In: Advancing The Immigrant Worker Movement Through Strategic Mainstreaming, Jennifer J. Lee
Utah Law Review
The immigrant worker movement faces the age-old problem of social movements: whether change should be pursued from the inside or outside. Shaped by dominant cultural norms, the current legal framework generally disadvantages immigrant workers. They suffer from workplace exploitation, anti-immigrant hostility, and exclusion. By examining the interplay between law and culture, this Article offers a unique perspective on how immigrant workers have the power to change law through cultural narratives.
Change pursued from the inside by immigrant workers, community advocates, and public interest attorneys has more immediately provided positive results for immigrant workers. They have done so by mainstreaming immigrant …
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa,
2014
NYU School of Law
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth
Pace Law Review
This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories—from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights—the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this Article discusses how the …
Vol. 31, No. 3,
2014
Chicago-Kent College of Law
Vol. 31, No. 3, Eric Madiar
The Illinois Public Employee Relations Report
Illinois Public Pension Reform: What's Past is Prologue, by Eric Madiar
Recent Developments
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena,
2014
Florida State University College of Law
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Florida State University Law Review
No abstract provided.
Labor And Employment,
2014
Mercer University School of Law
Labor And Employment, Brooks Allan Suttle, Kandis Wood Jackson
Mercer Law Review
There were a number of important decisions in the labor and employment law arena handed down by courts within the Eleventh Circuit during the January 1, 2013 to December 31, 2013 survey period. The following is a discussion of the most significant of those opinions.
Making The Machine Work: Technocratic Engineering Of Rights For Domestic Workers At The International Labour Organization,
2014
Bowling Green State University
Making The Machine Work: Technocratic Engineering Of Rights For Domestic Workers At The International Labour Organization, Leila Kawar
Indiana Journal of Global Legal Studies
In September 2013, the International Labour Organization (ILO) Convention concerning decent work for domestic workers entered into force, thereby bringing domestic workers into the mainstream of labor law. This article explores how the interests of the ILO's constituents were shaken up and reconfigured to build support for new labor protections amidst the shifting global context of deregulation. I argue that technocratic devices-charts, questionnaires, and paragraph formatting-wielded by ILO insiders contributed to this development by creating epistemic space for this new category of employees to be recognized and for consensus to be secured on appropriate labor standards for this group. I …
Employment Discrimination,
2014
Mercer University School of Law
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
Following a relatively quiet and uneventful 2012 survey period, the United States Supreme Court stepped up its activity significantly in the area of employment discrimination during the 2013 survey period. The Supreme Court handed down several significant rulings. In University of Texas Southwestern Medical Center v. Nassar, the Court established a "but-for" rule of causation for purposes of Title VII retaliation cases. In Vance v. Ball State University, the Supreme Court determined the parameters of who qualifies as a "supervisor" for purposes of establishing vicarious liability in workplace harassment actions under Title VII.
At the circuit level, the …
