Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison,
2012
Pepperdine University
Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block
Pepperdine Law Review
No abstract provided.
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict,
2012
Pepperdine University
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Pepperdine Law Review
This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …
‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology,
2012
University of Koblenz Landau
‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Placing British Employment Law In Context,
2012
Boston University School of Law
Placing British Employment Law In Context, Michael Harper
Faculty Scholarship
It is probably fair to generalize that the best American legal scholarship in the fields of labor, employment, and employment discrimination law has found little inspiration in the study of comparative law. Hugh Collins’s analytic and insightful but succinct overview of British employment law — republished in 2010 in a second edition to account for significant developments in response to European Union law — should teach any perceptive American reader that this need not be the case. This two hundred sixty page volume demonstrates that studying how other developed countries have addressed common issues presented by the employment relationship …
"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? ,
2012
Pepperdine University
"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee
Pepperdine Law Review
No abstract provided.
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture,
2012
Johns Hopkins University
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox
Institute for Law and the Workplace Lectures
This lecture discusses the impact of the recent recession, both directly and indirectly, on the rights of workers in the U.S. and internationally. Employers are increasingly relying on temporary/contingent workers, and even unpaid interns who have few jobs protections and no benefits. This practice negatively impacts the wages and bargaining power of the core labor force as well as overall job creation. Particularly pronounced is the misclassification of jobs and failure to pay minimum wage and/or overtime benefits contrary to contractual requirements. There is evidence that the recession has made it politically acceptable to re-write existing employment agreements, with federal …
A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment,
2012
University of Missouri School of Law
A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment, Carl H. Esbeck
Faculty Publications
In Hosanna-Tabor, a teacher suing her employer, a church-based school, alleged retaliation for having asserted rights under a discrimination statute. The School raised the “ministerial exception,” which prohibits ministers from suing their religious employer. The Court held the exception was constitutionally required. Before giving the facts that convinced it that this teacher was a “minister,” the Court had to distinguish the leading case of Employ. Div. v. Smith. Plaintiffs in Smith held jobs as counselors at a drug rehabilitation center. They were fired for illegal drug use (peyote), and later denied unemployment compensation. The Native American Church ingests peyote during …
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps ,
2012
Pepperdine University
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich
Pepperdine Dispute Resolution Law Journal
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …
A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure ,
2012
Pepperdine University
A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan
Pepperdine Dispute Resolution Law Journal
Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases,
2012
Pepperdine University
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct,
2012
University of Washington School of Law
High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct, Jeremy Gelms
Washington Law Review
Workplace harassment has traditionally occurred within the “four walls” of the workplace. In Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth the U.S. Supreme Court recognized that employers are liable under Title VII of the 1964 Civil Rights Act for harassment that is sufficiently severe or pervasive to alter the employee’s work environment. The rise in social media, however, has created a new medium through which harassment occurs. Courts are just beginning to confront the issue of if and when to consider social media harassment as part of the totality of the circumstances of a Title …
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking?,
2012
University of Washington School of Law
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking?, Christine N. Cimini
Vanderbilt Law Review
This Article examines judicial decisionmaking in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this Article identifies a uniform judicial reliance upon "fault-based" factors. This Article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decisionmaking modalities utilized …
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability,
2012
William & Mary Law School
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
William & Mary Law Review
No abstract provided.
Disability Cause Lawyers,
2012
William & Mary Law School
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
William & Mary Law Review
There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …
Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies,
2012
Pepperdine University
Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka
Pepperdine Dispute Resolution Law Journal
The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …
Revisiting The Promise Of Mediation For Employment Discrimination Claims ,
2012
Pepperdine University
Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele
Pepperdine Dispute Resolution Law Journal
This paper generally examines the theory and practice of alternative dispute resolution (ADR) and specifically examines the role mediation has played in propelling rights discourse away from the center of efforts to achieve equal employment opportunity in the United States. It further addresses assumptions regarding individual employee goals in the context of a legal environment in which litigating to achieve rights-based remedies is increasingly difficult for grievants.
A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements,
2012
Pepperdine University
A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy
Pepperdine Dispute Resolution Law Journal
In August 2008 a bill was introduced in the United States Senate that clearly states Uniformed Services Employment and Reemployment Rights of 1994 (USERRA) claims supersede any preexisting arbitration clauses in employment agreements. This bill, known as the Servicemembers Access to Justice Act (SAJA), would restore full access to the federal court system for USERRA plaintiffs. This paper examines the SAJA and its potential effects on the USERRA. It begins with a survey of the history behind the passage of the USERRA, as well as the FAA. Next, it describes the two federal circuit court decisions that have led to …
Democracy At Work?: Spring Symposium Aims To Address The Question,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Democracy At Work?: Spring Symposium Aims To Address The Question, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Labor and Employment Law Symposium 2012: Democracy and the Workplace
This article regarding the "Democracy and the Workplace" symposium was published in the Fall 2011 Saltman Center for Conflict Resolution Newsletter. To read the entire newsletter, click here.
Conference Bibliography,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Conference Bibliography, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Labor and Employment Law Symposium 2012: Democracy and the Workplace
A selected bibliography was prepared in connection with the Saltman Center for Conflict Resolution's Labor and Employment Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.
Conference Program,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Conference Program, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Labor and Employment Law Symposium 2012: Democracy and the Workplace
No abstract provided.
