Labor and Employment Law Commons^™

Just Notice: A Paradigm-Shifting Solution To Economic Dismissals, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Savannah, Georgia, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Savannah, Georgia.

Seattle, Washington, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Seattle, Washington.

Rochester, Minnesota, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Rochester, Minnesota.

Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Health Care Act Of 2010, A.G. Harmon

Labor & Employment Law Forum

No abstract provided.

Vol. 28, No. 4, James J. Powers

The Illinois Public Employee Relations Report

Contents:

A New Look At "Supervisors": Is Illinois Following the National Trend?, by James J. Powers

Recent Developments

Announcement

Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=49b34600-ffa6-412c-a0da-e61e47d040f. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.

Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson

Labor & Employment Law Forum

No abstract provided.

“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney

Connecticut Public Interest Law Journal

No abstract provided.

Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit

Labor & Employment Law Forum

This article examines the strengths and weaknesses of the employee protection provisions contained in the major federal environmental statutes and makes recommendations for needed improvements. With these improvements, the United States can realize the benefits that well-protected employees can contribute to public health and environmental protection.

The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan

Labor & Employment Law Forum

No abstract provided.

Employee Rights And The Food Safety Modernization Act: Luncheon Keynote, Hon. Paul Igasaki

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=136d32f0-d0a8-4bd1-9630-da0f48041e3b. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.

The Garcetti Virus, Nancy M. Modesitt

All Faculty Scholarship

In an era where corporate malfeasance has imposed staggering costs on society, ranging from the largest oil spill in recorded history to the largest government bailout of Wall Street, one would think that those who uncover corporate wrongdoing before it causes significant harm should receive awards. Employees are particularly well-placed to uncover such wrongdoing within companies. However, rather than reward these employees, employers tend to fire or marginalize them. While there are statutory protections for whistleblowers, a disturbing new trend appears to be developing: courts are excluding from the protection of whistleblowing statutes employees who report wrongdoing as part of …

An Overview Of The U.S. Retirement Income Security System And The Principles And Values It Reflects, Kathryn L. Moore

Law Faculty Scholarly Articles

This article is designed to provide an overview of the U.S. retirement income security system from a comparative law perspective. Like many countries, the U.S. has a three tier pension or retirement income system, with the three tiers consisting of (1) Social Security, (2) employment-based pensions, and (3) individual savings. Thus, superficially, the U.S. retirement income security system resembles that of many around the world. Yet, in other ways, such as its focus on individual rights and responsibility, the U.S. system is unique.

The article begins by discussing the nine guiding principles of the U.S. Social Security system as identified …

Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=f68cdf9c-6bab-4202-b009-26b50bf563bf. The event was co-sponsored by the Washington College of Law and the Government Accountability Project.

Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke

Indiana Law Journal

Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …

Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims, Shelley Mcgill, Ann Marie Tracey

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or …

"Reputations... A Lifetime To Build, Seconds To Destroy": Maximizing The Mutually Protective Value Of Morals Clauses In Talent Agreements, Sarah D. Katz

Cardozo Journal of International and Comparative Law

The note examines the effectiveness of morals clauses in contracts, emphasizing their value lies in the protection they offer to both talent and nontalent parties. However, their efficacy is contingent upon being tailored to the specific industry and parties involved. Generic clauses fail to account for these differences, leading to reduced predictability and, consequently, diminished value.

The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt

Cardozo Journal of International and Comparative Law

The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.

Rethinking Discrimination Law, Sandra F. Sperino

Michigan Law Review

Modern employment discrimination law is defined by an increasingly complex set of frameworks. These frameworks structure the ways that courts, juries, and litigants think about discrimination. This Article challenges whether courts should use the frameworks to conceptualize discrimination. It argues that just as faulty sorting contributes to stereotyping and societal discrimination, courts are using faulty structures to substantively limit discrimination claims. This Article makes three central contributions. First, it demonstrates how discrimination analysis has been reduced to a rote sorting process. It recognizes and makes explicit courts' methodology so that the structure of discrimination analysis and its effects can be …