Labor and Employment Law Commons^™

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 …

Hotline For Migrant Workers V. Minister Of Defense, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

A petition submitted by a number of human rights organizations that seeks to examine Israel’s policy regarding deporting to Egypt groups of foreigners entering Israel unlawfully through the Sinai, and who remain in areas under Israeli jurisdiction or on its international border, and this soon after their entry into Israeli territory (hereinafter: the arranged deportation.) The petition wishes to test the above policy, particularly …

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

Public Testimony by Maurer Faculty

No abstract provided.

A View From The Front Lines: Why Protecting Immigrant Workers Is Essential For Immigration Reform And Vital To The Maintenance Of A Healthy American Workforce, Andreas N. Akaras, Sebastian G. Amar

Labor & Employment Law Forum

No abstract provided.

Vol. 28, No 3, Andrew Malahowski

The Illinois Public Employee Relations Report

Contents:

Health Care Reform: Implications for Collective Bargaining in the Public Sector, by Andrew Malahowski

Recent Developments

Volume 1, Book 3

Labor & Employment Law Forum

No abstract provided.

The Agricultural Worker Protection Act & Florida's Migrant Worker: The Hands That Feed Florida, Fedline Ferjuste

Labor & Employment Law Forum

Since its enactment in 1982, courts have consistently misinterpreted the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”), and the Eleventh Circuit Courts are no exception to this misconstruction. Migrant workers are among the hardest-working and lowest-paid laborers in America, and they do not receive adequate legal protection. Congress, in enacting the AWPA, intended to make farmers and growers liable for abusing and breaching the AWPA. However, the judicial system has allowed them to create loopholes to escape liability. In order to break the cycle of abuse placed upon migrant workers, Florida must pass new legislation to reform and strengthen …

Immigrant Workers' Rights: Beyond The Scope Of Traditional Labor & Employment Law

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that took place on October 25, 2010 at the American University Washington College of Law. The podcast of the event can be found on the AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM’S website at http://aulaborlawforum. org/events/immigrant-workers-rights/. The event was co-sponsored by the Immigrants’ Rights Coalition Labor & Traffi cking Committee as part of Immigrants’ Rights Week.

Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin

University of Miami Business Law Review

No abstract provided.

E-Verify: Chamber Of Commerce V. Whiting

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 22, 2011 at the American University Washington College of Law. The podcast of the event can be found on the AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM’S website at http://aulaborlawforum.org/events/e-verify/. The event was co-sponsored by the Immigrants’ Rights Coalition.

Strength In Numbers: The Question Of Decertification Of Sports Unions In 2011 And The Benefit Of Administrative Oversight, Alexander M. Bard

Labor & Employment Law Forum

No abstract provided.

Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Employment has been identified as a priority outcome in federal policy and state employment-first initiatives, and by individuals with IDD. Members of Self Advocates Becoming Empowered have issued a call to increase access to integrated employment and eliminate facility-based work (2009). In many states, the IDD agency and/or statewide advocacy coalitions have developed and implemented employment-first initiatives (State Employment Leadership Network, 2011). However, there is limited data available on the cost of integrated employment services compared to facility-based work services to guide the implementation of these initiatives.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit issued a significantly higher number of published decisions in the area of employment discrimination during the 2010 survey period. It is too early to tell whether this will become a new trend or is a one year aberration. However, the Eleventh Circuit handed down eight published Title VII decisions during the survey period (as opposed to only one published decision the year before), and thirteen published employment discrimination opinions overall (as opposed to only three during the 2009 survey period). Three of these decisions were in the ever troublesome area …

Labor And Employment, Patrick L. Coyle, Alexandra V. Garrison

Mercer Law Review

Courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment during the January 1, 2010 to December 31, 2010 survey period. The following is a discussion of those opinions.

• FAMILY MEDICAL LEAVE ACT
• FAIR LABOR STANDARDS ACT
• LABOR MANAGEMENT RELATIONS ACT
• COMPUTER FRAUD ABUSE ACT

Debunking The Market Myth In Pay Discrimination Cases, Nicole Buonocore Porter, Jessica R. Vartanian

Faculty Publications

Several things have been said about the Equal Pay Act (EPA) in recent years--not many of them have been very nice. The Equal Pay Act has been described as "broken" and suffering from an "identity crisis." Another scholar has claimed that the EPA fails to prevent wage discrimination for women in professional and leadership positions, stating that: "[i]n short, the EPA is increasingly becoming an empty promise, unworkable and ineffective to remedy wage discrimination for many women." Some authors assert that winning a case under the EPA is "nearly impossible."

It is clear that the EPA is failing (and maybe …