Labor and Employment Law Commons^™

Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon

Buffalo Journal of Gender, Law & Social Policy

This paper examines the significant weight that courts accord proof of especially "severe" conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the "severe or pervasive" test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof that the harassing conduct occurred with great frequency.' Part I provides an introduction to the Supreme Court's hostile work environment jurisprudence and the origins of the severe or pervasive test. Part II begins the exploration into the disjunctive nature of the severe or pervasive test. …

Willfulness, Good Faith, And The Fair Labor Standards Act, Emily Nolan Litzinger

Nevada Law Journal

No abstract provided.

Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston

University of Michigan Journal of Law Reform

This Note investigates the effectiveness of the National Labor Relations Act (NLRA) in balancing unions, employers', and employees' rights during the course of union organizing drives. After reviewing case law and commentary, it concludes that the NLRA's certification regime is ineffective and permits pressures that inhibit employees from expressing their real desires about whether or not to be represented by a union. This Note then examines proposed alternatives for certifying unions, and takes note of Canada's federal and ten provincial certification regimes. Finally, it concludes that the NLRA must be amended to protect worker free choice, and proposes reforms including …

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker

Faculty Publications

This study looks at whether the Americans with Disabilities Act of 1990 (ADA) helped or hurt job opportunities for people with disabilities. The researchers used long-term survey data following the same individuals from 1981 to 1996 to see changes in work hours, yearly pay, and hourly wages. For the larger group studied, employment for people with disabilities dropped after the ADA took effect, but their pay compared to other workers stayed about the same. For a smaller group of workers tracked every year, job levels did not show the same drop, though wages for people with disabilities were already falling …

Flyer, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The flyer of the Meeting the Needs of Today’s Families: The Role of Workplace Flexibility event held May 1, 2006.

Resources For Workplace Flexibility, Families And Child Development, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A list of resources for Workplace Flexibility, Families and Child Development.

Promoting Children's Well Being: The Need For Workplace Flexibility, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A Workplace Flexibility 2010 Fact Sheet: Promoting Children's Well Being: The Need for Workplace Flexibility, from the event held September 29, 2006.

Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Biographies of the panelist at the Promoting Children’s Well Being: The Need for Workplace Flexibility event held September 29, 2006.

Agenda, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The agenda for the Promoting Children’s Well Being: The Need for Workplace Flexibility, a Workplace Flexibility 2010 event held September 29, 2006.

Flyer, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Flyer for Promoting Children's Well-Being: The Role of Workplace Flexibility, a Workplace Flexibility 2010 event held September 29, 2006.

Highlights From Families And Work Institute's 2008 National Study Of Employers (Families And Work Institute), Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Highlights from Families and Work Institute’s 2008 National Study of Employers.

Families and Work Institute’s 2008 National Study of Employers (NSE) is the most comprehensive and far-reaching study of the practices, policies, programs and benefits provided by U.S employers to address the changing needs of today’s workforce and workplace. The 2008 NSE sample includes 1,100 employers with 50 or more employees—77 percent are for profit employers and 23 percent are nonprofit organizations; 40 percent operate at only one location, while 60 percent have operations at more than one location.

Snapshot Of Fwi Research On U.S. Employees And Work-Life Fit (Families And Work Institute), Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A presentation: Snapshot of FWI Research on U.S. Employees and Work-Life Fit by Families and Work Institute on behalf of Workplace Flexibility 2010.

Wellness Profiles (Families And Work Institute), Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

2009 Guide to Bold New Ideas for Making Work Work.

Excerpts from the 2009 Edition profiling winners of the Alfred P. Sloan Awards for Business Excellence in Workplace Flexibility.

The selected profiles highlight flexible employers with strong wellness initiatives.

Presentation By Diane Halpern, Diane F. Halpern Phd

Briefings, Hearings, and Congressional Study Group

A presentation: Workplace Flexibility: The Case for Employers, Employees, and Public Policies by Diane F. Halpern, PhD, Claremont McKenna College on behalf of Workplace Flexibility 2010.

Presentation By Joseph Grzywacz, Joseph G. Grzywacz Phd

Briefings, Hearings, and Congressional Study Group

A presentation: Workplace Flexibility & Employee Health & Well-being by Joseph G. Grzywacz, PhD, Wake Forest University, School of Medicine on behalf of Workplace Flexibility 2010.

"Highlights From October 23, 2009 Congressional Briefing", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A document with the highlights from the October 23, 2009 Congressional Briefing.

Briefing Flyer, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The briefing flyer from the Flexible Work Arrangements: Working for Americas Employers and Employees event held December 14, 2009.

Kurns V. Railroad Friction Products Corp.: Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Nina A. Mendelson

Appellate Briefs

Amici are scholars and teachers in various fields of public law that bear on federal preemption of state law.

Amici have each written extensively on questions involving the preemption of state law by federal statutes and regulations. We submit this brief as an opportunity to bring our scholarship to bear on questions of public importance facing the Court

Question Presented: Whether the Locomotive Inspection Act preempts the field of state common-law claims against manufacturers of locomotives and locomotive parts by workers injured in railroad maintenance facilities.

Neoformalism And The Reemergence Of The Right-Privilege Distinction In Public Employment Law, Paul M. Secunda

San Diego Law Review

The First Amendment speech rights of public employees, which have traditionally enjoyed protection under the doctrine of unconstitutional conditions, have suddenly diminished in recent years. At one time developed to shut the door on the infamous privilege/rights distinction, the unconstitutional conditions doctrine has now been increasingly used to rob these employees of their constitutional rights.

Three interrelated developments explain this state of affairs. First, a jurisprudential school of thought--the "subsidy school"--has significantly undermined the vitality of the unconstitutional conditions doctrine through its largely successful sparring with an alternative school of thought, the "penalty school." Second, although initially developed in the …

Time To Update The Nlrb's Election Procedure, Kenneth G. Dau-Schmidt

Public Testimony by Maurer Faculty

No abstract provided.