Labor and Employment Law Commons^™

Navajo Nation Labor Commission Appellants' Opening Brief, Paul Spruhan

Faculty Scholarship

The District Court erred when it concluded the Navajo Nation’s employment jurisdiction over the school districts was “plainly lacking,” and the Court was required to stay or dismiss the case pending the school districts’ exhaustion of its remedies in the Navajo Nation courts. Under the plainly lacking exception, this Court requires exhaustion of tribal remedies when jurisdiction is “plausible” or “colorable.” Under the circumstances of the case, which concerns treaty rights, tribal-state relations, and the fact-intensive rules of Montana v. United States, 450 U.S. 544 (1981), the District Court could not have made that determination without a robust factual …

Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin

All Faculty Scholarship

Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …

Vol. 30, No. 4, Gilbert A. Cornfield

The Illinois Public Employee Relations Report

Contents:

The Scope of Judicial Review of Public Sector Arbitration Awards, by Gilbert A. Cornfield

Recent Developments

Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.

A Proposal To Improve The Workplace Law Curriculum From A Corporate Compliance Perspective, Nicole Buonocore Porter

Faculty Publications

The goal of this Article is to explore and propose a course [in labor and employment law] that I believe will be very valuable for law students. The goal of the course will be two-fold. The first goal will be to integrate the three areas of workplace law [Employment Discrimination, Labor Law, and Employment Law] into one course, exploring the ways that these areas of the law intersect and interact with one another. The second goal will be to teach non-litigation practical skills that will benefit students when eventually called upon to advise employers on the compliance of our workplace …

Not So Glamorous: Unveiling The Misrepresentation Of Fashion Models' Rights As Workers In New York City, Alexandra R. Simmerson

Cardozo Journal of International and Comparative Law

The note examines the misclassification of fashion models as independent contractors in New York City, arguing that this status denies them essential legal protections and perpetuates exploitation. It highlights the disparity between the treatment of models in New York and Paris, where models are classified as employees with access to benefits like unemployment insurance and regulated working hours. The analysis underscores the control modeling agencies exert over models' careers, handling bookings, billing, and payments, which suggests an employer-employee relationship. The note advocates for reclassifying models as employees to ensure fair labor practices and access to protections such as unemployment benefits …

Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien

Faculty Scholarship

Modern Chapter 9 litigation has been characterized by extraordinary protections for municipal bondholders, and Central Falls is no exception. Although not well understood by politicians, fear of contagion has encouraged the adoption of legal arrangements that have limited the bankruptcy courts’ ability to include bondholders in the cost of restructuring municipal debt. This preference for bondholders (and, by extension, their insurers) has meant increased misery for taxpayers and retirees. Given that all of these actors appear to have been complicit to some degree in the creation and maintenance of the fiscally imprudent conditions that triggered bankruptcy and that evidence of …

In Good Company: How Corporate Social Responsibility Can Protect Rights And Aid Efforts To End Child Sex Trafficking And Modern Slavery, Erika George, Scarlet R. Smith

Faculty Scholarship

The principal contribution of this Article is to show that, in many cases, the private sector, in cooperation with law enforcement, can initiate and implement policies that help increase the likelihood that buyers and traffickers are caught ultimately making access to child sex workers more difficult. Most commentary regarding child sex trafficking focuses on the failures of local law enforcement to find a solution. However, this Article argues that the private business sector can effectively supplement the efforts of law enforcement, nongovernmental organizations, and international human rights initiatives to protect exploited children. In Part I, this Article first introduces the …

Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald

W&M Law Student Publications

No abstract provided.

Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt

All Faculty Scholarship

This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …

Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt

Michigan Law Review

Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …

List Of Presenters: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

No abstract provided.

Conference Program: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

The Colloquium on Current Scholarship in Labor and Employment Law provides an opportunity for labor and employment law scholars to present works-in-progress and receive feedback from their colleagues in the field. This year, with the Colloquium set in Las Vegas, participants will have the opportunity to discuss developments in labor and employment law with the unique workplace law landscape of Las Vegas as the setting. Las Vegas is often thought of as a global playground, but this image obscures the hard work and difficult issues that exist "behind the curtain."

Conference Bibliography: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

A selected bibliography was prepared in connection with 8th Annual Colloquium on Current Scholarship in Labor & Employment Law held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on September 27-28, 2013.

Presenter Bios: 8th Annual Colloquium On Current Scholarship In Labor & Employment Law, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

8th Annual Colloquium on Current Scholarship in Labor & Employment Law

No abstract provided.

Global And Local Youth Unemployment: Dislocation And Pathways, Ramon Borges-Mendez, Lillian Denhardt, Michelle Collett

New England Journal of Public Policy

The impact of economic recessions is not felt uniformly across demographic groups, and the detrimental effects of the one-time dislocations can significantly shift the long-term prospects of human development for many years to come. The current recession has been hard on young people in the United States between the ages of 16 and 24, especially minorities (Latino or African American). Labor force participation rates have dropped dramatically and unemployment has reached as high as 30% in some states. Long spells of unemployment and adverse conditions for labor market incorporation further increase the likelihood of other poor life outcomes, such as …

Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene

University of Michigan Journal of Law Reform

This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …

The Unpaid Internship: A Stepping Stone To A Successful Career Or The Stumbling Block Of An Illegal Enterprise? Finding The Right Balance Between Worker Autonomy And Worker Protection, Jessica A. Magaldi, Olha Kolisnyk

Nevada Law Journal

No abstract provided.

Research On China Msa's Implementation Of Maritime Labour Convention, 2006, Xiaodong Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Implementation Issues Of Seafarer’S Onboard Training In China, Guoyu Shao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.