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Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt 2012 UIC School of Law

Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt

UIC Law Review

No abstract provided.


Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins 2012 UIC School of Law

Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins

UIC Law Review

No abstract provided.


Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker 2012 UIC School of Law

Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker

UIC Law Review

No abstract provided.


Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie 2012 University of Michigan Law School

Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie

Michigan Journal of Gender & Law

From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …


Before Wisconsin And Ohio: The Quiet Success Of Card-Check Organizing In The Public Sector, Rafael Gely, Timothy D. Chandler 2012 University of Missouri School of Law

Before Wisconsin And Ohio: The Quiet Success Of Card-Check Organizing In The Public Sector, Rafael Gely, Timothy D. Chandler

Faculty Publications

Card-check laws, which have been unsuccessfully pursued by private-sector unions, mandate that employers recognize the union as the representative of employees on the basis of signed authorization cards without reliance on a representation election. Card check authorization benefits unions because it short circuits the usual organizing process by eliminating the union's need to further prove majority support in a secret ballot election.' But by doing so, it imposes costs on employers by restricting their efforts to erode union support through aggressive campaign tactics. Our paper seeks to better understand the development of these laws and their effects, and in that …


Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman 2012 Barry University

Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Combating Moral Hazard: The Case For Rationalizing Public Employee Benefits, Maria O'Brien 2012 Boston University School of Law

Combating Moral Hazard: The Case For Rationalizing Public Employee Benefits, Maria O'Brien

Faculty Scholarship

The current crisis in public employee benefits is a fairly conventional moral hazard story about overly generous promises made by both private sector employers and politicians spending public dollars. The private sector, forced by the Financial Accounting Standards Board (FASB) in 1993 to confront the true cost of promises made to future retirees, dealt with the newly discovered debt in a number of ways, including the termination of defined benefit plans which were quickly replaced by defined contribution plans. The public sector was also forced to confront its own largesse with the implementation of GASB 45 which focused careful attention …


The Obama Effect: Specialized Meanings In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes 2012 Boston University School of Law

The Obama Effect: Specialized Meanings In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes

Faculty Scholarship

In this Article, we explore the proclamations that have been made about an emerging “post-racial” society within the context of workplace anti-discrimination law. Specifically, as the title of our panel for this symposium asks, we inquire: What is the significance of having a biracial, black-white president (or more specifically, the first self-identified black president) to the enforcement of antidiscrimination law? What impact, if any, has President Barack Obama’s campaign for the presidency and election as president had on discrimination in the workplace? Based in part on our review of discrimination cases in which President Obama’s name has been invoked—in most …


The International Labour Organization And International Labor Standards, Roger Blanpain, Susan Bisom-Rapp, William R. Corbett, Hilary K. Josephs, Michael J. Zimmer 2012 California Western School of Law

The International Labour Organization And International Labor Standards, Roger Blanpain, Susan Bisom-Rapp, William R. Corbett, Hilary K. Josephs, Michael J. Zimmer

Faculty Scholarship

With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, …


Efficiency-Wage Theory And Law Firm Pay, Dongyu "Eddie" Wang 2012 University of Michigan Law School

Efficiency-Wage Theory And Law Firm Pay, Dongyu "Eddie" Wang

University of Michigan Journal of Law Reform Caveat

Every first-year law student knows that Big Law pays $160,000 a year. In fact, this number is likely the biggest incentive for applying in the minds of most law-school hopefuls. Taking New York City as an example, a quick look at Vault’s salary data reveals that, indeed, the large majority of New York firms with available salary data pay first-year associates exactly $160,000.


Comments: The "Walkaway Shop": Long-Term Union Avoidance And Management Decisions To Open New Facilities As Lawful Conduct Under The National Labor Relations Act, Garrett Wozniak 2012 University of Baltimore School of Law

Comments: The "Walkaway Shop": Long-Term Union Avoidance And Management Decisions To Open New Facilities As Lawful Conduct Under The National Labor Relations Act, Garrett Wozniak

University of Baltimore Law Review

No abstract provided.


Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan 2012 UIC School of Law

Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan

UIC Law Review

No abstract provided.


Lutheran And Yet Not Lutheran: A Church School Tests The Dilemma Of Church And State, Marie Failinger 2012 Mitchell Hamline School of Law

Lutheran And Yet Not Lutheran: A Church School Tests The Dilemma Of Church And State, Marie Failinger

Faculty Scholarship

A small Lutheran church school dispute became a nationally debated case, Hosanna-Tabor Evangelical Lutheran Church and v. EEOC, decided by the Supreme Court on 11 January 2012. At the heart of the Supreme Court case was a controversy over the so-called "ministerial exception" to federal anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Until the Sixth Circuit Court of Appeals decision in Hosanna-Tabor, finding that Cheryl Perich was not a minister within the exception, all circuit courts to rule on the issue had recognized a ministerial exception in order …


Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener 2012 University of Maryland Francis King Carey School of Law

Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener

Maryland Law Review

No abstract provided.


Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns 2012 Villanova University Charles Widger School of Law

Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns

Villanova Law Review (1956 - )

The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.


The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick 2012 University of Michigan Law School

The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick

University of Michigan Journal of Law Reform Caveat

In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account. Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information. Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking …


The Commonwealth Of Pennsylvania's Antiquated And Oft-Abused Occupation Tax: A Call For Abolition, Edmund W. Appleton 2012 University of Michigan Law School

The Commonwealth Of Pennsylvania's Antiquated And Oft-Abused Occupation Tax: A Call For Abolition, Edmund W. Appleton

University of Michigan Journal of Law Reform Caveat

Under Pennsylvania law, counties, cities, boroughs, first-class townships, municipalities, and school districts can levy an occupation tax. An occupation tax taxes an individual based on the individual’s occupation, which, historically, was considered to be a form of transferable property. Not only is the occupation tax based on an outdated model of employment practices, but it is also a source of abuse and inequity. Consequently, the occupation tax should be abolished in favor of other more just taxation models.


Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia

Scholarly Works

No abstract provided.


Tsunami: At&T Mobility Llc V. Concepcion Impedes Access To Justice, Jean R. Sternlight 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Tsunami: At&T Mobility Llc V. Concepcion Impedes Access To Justice, Jean R. Sternlight

Scholarly Works

No abstract provided.


Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. McGinley 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley

Scholarly Works

While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …


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