Labor and Employment Law Commons^™

Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard

Other Publications

No abstract provided.

A Response, Fay Faraday, Eric Tucker

Articles & Book Chapters

Faraday and Tucker respond to criticism about their work Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (2012).

From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs

Articles & Book Chapters

This paper was delivered as the keynote address to the 50th Annual Conference, Canadian Industrial Relations Association, 29 May 2013. My thanks to Alex Zamfir, JD Candidate, Osgoode Hall Law School, for his editorial and research assistance.

The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, K. Lee Adams

Cardozo Journal of International and Comparative Law

This year marks the thirtieth anniversary of the International Labour Organization's (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines LO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …

Tobacco's Other Downside: Child Labor In American Tobacco Fields, Katherine Colburn

Public Interest Law Reporter

No abstract provided.

¡Peligro! Si Usted No Entiende La Etiqueta, Busque A Alguien Para Que Se La Explique A Usted En Detalle: The Need For International And Domestic Implementation Of Bilingual Pesticide Labeling To Enhance Protection Of Migrant Farmworkers In Florida, Vanessa Calcano Thomas

Florida A & M University Law Review

No abstract provided.

Hours Equity Is The New Pay Equity, Nantiya Ruan, Nancy Reichman

Scholarly Works

At the dawning of the fifty-year anniversary of the Equal Pay Act of 1963, and as the same anniversary of Title VII of the Civil Rights Act of 1964 draws near, it is time to change the way we think about pay equity. Workplace fairness between women and men should no longer be framed merely by total disparities in pay, but also by disparities in hours given to women seeking as much work as their male counterparts. Doing so recognizes the realities of many female workers in today’s workplace and addresses the shortfalls thus far absent from the civil rights …

Hours Equity Is The New Pay Equity, Nantiya Ruan, Nancy Reichman

Villanova Law Review (1956 - )

No abstract provided.

The Effect Of Adopting Right To Work Laws: A Paired State Approach, Johnny Xu

MPA/MPP/MPFM Capstone Projects

The issue of unionization is an enduring one both politically and economically. A major subset within union studies deal with so-called “right-to-work laws.” States with right to work laws are concentrated heavily in the South and in the Plains states and have been that way since the 1940s or 1950s. The most recent additions of right-to-work states are Indiana and Michigan both in 2012. This paper will contribute to the debate by creating a new and novel dataset to analyze what the effects of adopting right to work laws are for a state over time as well as between a …

Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart

Publications

Women in virtually every job category still make less than men. Academia is no exception. This Article will explore some of the structural explanations for this continued disparity and the continued resistance to seriously confronting those structural barriers to equality. Using the still-unfolding story of a charge of discrimination filed against a university, this Article examines the script that has become all-too-familiar in discussions about the gender pay gap, whether in academia or elsewhere. The basic storyline in pay discrimination litigation is this: Evidence is presented about the existence of a gap between men's earnings and women's earnings. The response …

Internships As Invisible Labor, Melissa Hart

Publications

No abstract provided.

Workers Disarmed: The Campaign Against Mass Picketing And The Dilemma Of Liberal Labor Rights, Ahmed A. White

Publications

In the late 1930s and early 1940s, mass picketing, characterized by large numbers of workers congregating in common protest at or near their employers' establishments, emerged as a crucial weapon in a historic campaign by American workers to realize basic labor rights and build an enduring labor movement in the face of strident resistance from a powerful business community. So potent a weapon did mass picketing prove that these business interests, aided by allies at all levels of government, moved quickly to ban the tactic. From the real-world complexities of labor conflict, this coalition forged a simplistic, analytically dubious, but …

Wellness Programs, The Ada, And Gina: Framing The Conflict, E. Pierce Blue

Hofstra Labor & Employment Law Journal

No abstract provided.

Click To Accept (You Now Have No Rights!), Jason T. Brown, Zijian Guan

Hofstra Labor & Employment Law Journal

No abstract provided.

Women's Work: Economic Security In The Domestic Violence Context, Jamie Haar

Hofstra Labor & Employment Law Journal

No abstract provided.

Striking Gold, Not Dynamite When Using Social Media In Employment Screening, Mark Bannister, Michael Jilka, Derek Ulrich

Hofstra Labor & Employment Law Journal

No abstract provided.

Hijacking Of Title Vii Employment Discrimination Plaintiffs On The Way To The Jury, Steven R. Semler

Hofstra Labor & Employment Law Journal

No abstract provided.

Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers

University of Michigan Journal of Law Reform

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …

“Liking” The Social Media Revolution, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As in other areas of society, social media has significantly influenced the law. Currently, civil and criminal cases can, and often do, turn on an attorney's understanding and use of social media. In the realm of family law, most practitioners view social media as an essential tool-one that could serve as grounds for malpractice if ignored. Even in legal academia-an area long resistant to change-law schools are starting to understand the impact of social media on the law and offer courses like Social Media and Criminal Law and Law and Social Media.

The goal of this essay is not to …

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Articles by Maurer Faculty

No abstract provided.