Missing The Mark: How Fmla's Bonding Leave Fails Mothers,
2014
Maurice A. Deane School of Law at Hofstra University
Missing The Mark: How Fmla's Bonding Leave Fails Mothers, Rona Kaufman Kitchen
Hofstra Labor & Employment Law Journal
In the two decades since it was adopted, the Family and Medical Leave Act (hereinafter “FMLA” or “the Act”) has been consistently criticized for its failure to achieve its stated goal of enabling workers “to balance the demands of the workplace with the needs of families.” Since it was signed into law in 1993, legal scholars and women’s rights groups, while applauding the accomplishments of the Act, have expressed their dissatisfaction with the status of family and medical leave law in the United States. It has been argued that the FMLA should be expanded to cover more workers, for more …
Finding A Fix For The Fmla: A New Perspective, A New Solution,
2014
Maurice A. Deane School of Law at Hofstra University
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Hofstra Labor & Employment Law Journal
When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation,
2014
Maurice A. Deane School of Law at Hofstra University
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Hofstra Labor & Employment Law Journal
No abstract provided.
Abortion & The Military: Limitations On Access For Servicewomen,
2014
Maurice A. Deane School of Law at Hofstra University
Abortion & The Military: Limitations On Access For Servicewomen, Laura Ahern, Ivy Cherian
Hofstra Labor & Employment Law Journal
No abstract provided.
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases,
2014
Maurice A. Deane School of Law at Hofstra University
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cn Tower Over Qatar: An Analysis Of The Use Of Slave Labor In Preparation For The 2022 Fifa Men's World Cup And How The European Court Of Human Rights Can Stop It,
2014
Maurice A. Deane School of Law at Hofstra University
A Cn Tower Over Qatar: An Analysis Of The Use Of Slave Labor In Preparation For The 2022 Fifa Men's World Cup And How The European Court Of Human Rights Can Stop It, Michael B. Engle
Hofstra Labor & Employment Law Journal
No abstract provided.
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry,
2014
Maurice A. Deane School of Law at Hofstra University
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Hofstra Labor & Employment Law Journal
No abstract provided.
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term,
2014
University of Kentucky College of Law
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries
Law Faculty Scholarly Articles
In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar,
2014
Loyola University Chicago, School of Law
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court,
2014
New York Law School
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Other Publications
No abstract provided.
Amici Brief Of Labor Relations And Research Center, U. Mass., Amherst And Massachusetts Wage Campaign, In Meshna V. Scrivanos, Sjc 11618,
2014
Western New England University School of Law
Amici Brief Of Labor Relations And Research Center, U. Mass., Amherst And Massachusetts Wage Campaign, In Meshna V. Scrivanos, Sjc 11618, Harris Freeman
Faculty Scholarship
Amici brief submitted by the Labor Relations and Research Center, University of Massachusetts and the Massachusetts Wage Campaign, to the Massachusetts Supreme Judicial Court in the case of Meshna v. Scrivanos. The brief argues that the Massachusetts Tips Act prohibits no-tipping policies and that it does not sanction such no-tipping policies as a lawful business response to customer demand or preference. Furthermore, it argues that no-tipping policies contribute to the impoverishment of the low-wage workforce and foist the social and economic costs of tipping bans onto citizen-tax payers.
Clothes Don't Make The Man (Or Woman), But Gender Identity Might,
2014
Western New England University School of Law
Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer Levi
Faculty Scholarship
The Ninth Circuit's recent decision in Jespersen v. Harrah's Operating Co., Inc. reflects the blinders on many contemporary courts regarding the impact of sex-differentiated dress requirements on female employees. Although some courts have acknowledged the impermissibility of imposing sexually exploitive dress requirements, they have done so only at the extreme outer limits, ignoring the concrete harms experienced by women (and men) who are forced to conform to externally imposed gender norms. On the other hand, some transgender litigants have recently succeeded in challenging sex-differentiated dress requirements. This success is due in part to their incorporation of disability claims based on …
A Response,
2014
Osgoode Hall Law School of York University
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).
The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On,
2014
Atlanta's John Marshall Law School
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 …
The Law And Economics Of Corporate Social Responsibility And Greenwashing,
2014
Saint Louis University School of Law
The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry
All Faculty Scholarship
In this symposium article, I explore the concept of greenwashing in more depth. In the first part of the article, I start with first principles, looking at the origins of greenwashing, its definitions, and identifying theeconomic incentives that lead firms into the practice. The second part of this article examines the legal structure that allows greenwashing to occur, and with it, explores the pervasiveness and extent ofgreenwashing. The third part of this article articulates the harms of greenwashing. Intuitively, greenwashing involves deception, falsity, and hypocrisy that reflexively seem problematic. Precisely identifying the actual harm inflicted by some forms of greenwashing, …
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain,
2014
Saint Louis University School of Law
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
All Faculty Scholarship
Recently, workers led by non-union labor advocacy groups, popularly labelled “ALT-Labor,” have been staging strikes and other job actions across the low wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or, more generally, as audacious dissent by low wage workers with nothing to lose. Others view the activity cynically as an exercise in futility, a struggle against inexorable market forces that refuse to pay $15 per hour to a fast food or big box retail worker. This article takes a different tack, presuming (implicitly using history as its guide) that employers will respond …
Tobacco's Other Downside: Child Labor In American Tobacco Fields,
2014
Loyola University Chicago, School of Law
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,
2014
Florida A&M University College of Law
¡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,
2014
Villanova University Charles Widger School of Law
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,
2014
University of Kentucky
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 …
