Labor and Employment Law Commons^™

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard Gold

Howard Glickstein

No abstract provided.

The Continuing Availability Of Retaliatory Discharge And Other State Tort Causes Of Action To Employees Covered By Collective Bargaining Agreements, Peter Zablotsky

Peter Zablotsky

No abstract provided.

Discrimination Cases In The 2000 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.

A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan

All Faculty Scholarship

The Congressional Review Act permits Congress to veto proposed regulations via a joint resolution, and prohibits an agency from reissuing a rule “in substantially the same form” as the vetoed rule. Some scholars—and officials within the agencies themselves—have understood the “substantially the same” standard to bar an agency from regulating in the same substantive area covered by a vetoed rule. Courts have not yet provided an authoritative interpretation of the standard.

This Article examines a spectrum of possible understandings of the standard, and relates them to the legislative history (of both the Congressional Review Act itself and the congressional veto …

Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Complex Employment Issues In Elder Care, Marci Seville, Hina Shah

Publications

While lawyers often associate estate planning with aging parents, there are, in fact, a host of employment law issues related to elder care that can leave one's head spinning. This article addresses obligations that arise under California law when you or your family members hire caregivers. When hiring a caregiver — either at home or when additional individual care is needed in a facility such as assisted living — you must comply with a complex patchwork of laws and regulations governing wages and working conditions.

Data Note: Examining Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies, Kelly Haines, Heike Boeltzig, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of State Intellectual and Developmental Disabilities Agencies' Day and Employment Services. The FY 2009 survey included a module to assess the ways in which state intellectual and developmental disabilities (IDD) agencies collaborate with their state vocational rehabilitation (VR) agencies to support integrated employment outcomes for adults with IDD. A total of 40 agencies responded to the module. Their responses provide a broader understanding of the relationship between the two types of state agencies, and the ways in which they work together to provide integrated employment services.

Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter

BYU Law Review

No abstract provided.

Occupational Health And Safety Prosecutions: John Holland Pty Ltd V Industrial Court Of Nsw, Neil J. Foster

Neil J Foster

This note considers the decision of the NSWCA in John Holland Pty Ltd v Industrial Court of NSW, and the ongoing impact of the Kirk decision on OHS prosecutions in NSW.

Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman

Popular Media

No abstract provided.

Will Cutting The Payroll Tax Increase Jobs? (Empirical Evidence From The Eu Vat), Richard Thompson Ainsworth

Faculty Scholarship

Red Ink Rising, the Peterson–Pew Commission on Budget Reform’s report presents the country with a fiscal/employment dilemma – Congress must act immediately to stem the federal debt, but it must move carefully lest it harm employment in the fragile economy. In short, we must act fast and slow – we must decrease the debt and increase employment. This is a difficult task.

The Peterson-Pew dilemma (notably its jobs-creation aspect) was taken to heart by both of the reform commissions that issued reports soon thereafter (National Commission on Fiscal Responsibility and Reform, The Moment of Truth and The Debt Reduction Task …

Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa

Lance A Compa

[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization. Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really is …

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

Lance A Compa

[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law system …

Is The Breast Best For Business?: The Implications Of The Breastfeeding Promotion Act, Brit Mohler

William & Mary Business Law Review

In June of 2009, the 111th Congress was asked again to consider the Breastfeeding Promotion Act. During that year, for the first time in history, the Senate also took up consideration of the issue, and the President of the United States signed into legislation a portion of the Act as included in a healthcare bill. The Breastfeeding Promotion Act is meant to protect a woman’s right to breastfeed in the workplace. The Act accomplishes this goal by: amending the Civil Rights Act to ensure that breastfeeding will be considered a protected act in the workplace, amending the Fair Labor Standards …

Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon

UC Irvine Law Review

No abstract provided.

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Getting To Work: Why Nobody Cares About E-Verify (And Why They Should), Juliet P. Stumpf

UC Irvine Law Review

No abstract provided.

[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa

Lance A Compa

[Excerpt] The ideas and insights in Advancing Theory are an important contribution to the on-the-ground social justice movement challenging corporate rule in the global economy. It can even help rescue labor law and industrial relations as intellectual disciplines and career trajectories for a new generation of students and practitioners excited about thinking globally and acting locally.

Hoisted By Their Own Petard: Struve Applies Pretext Analysis To The Court, Finds Justices’ Motives Questionable, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In her new article, Catherine Struve questions the Court’s motives in Gross. And she does so using a pretext analysis that is deliciously reminiscent of a McDonnell Douglas pretext analysis. Like the skilled employment lawyer she is, Professor Struve divides and conquers each of the arguments advanced by the Court for its action. First, she considers the Court’s argument that the Civil Rights Act of 1991 does not apply to ADEA claims. While she concedes that this argument might be correct, she also notes that it is irrelevant. Then, she considers the Court’s textual argument: that there is no …

The Duty Of Fair Representation: History And Significance, Thomas Kohler

Thomas C. Kohler

A review of the legal duty of fair representation, the legal and constitutional problems, its current significance