Labor and Employment Law Commons^™

Rehabilitative Employees And The National Labor Relations Act, Justin C. Sorrell

William & Mary Law Review

No abstract provided.

Consider The Source: When The Harasser Is The Boss, Susan Grover, Kimberly Piro

Faculty Publications

In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a coworker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.

Estimating The Costs Per Job Created Of Employer Subsidy Programs, Timothy J. Bartik

Conference Papers

No abstract provided.

Occupational Safety And Health Standards As Federal Law: The Hazards Of Haste, Robert D. Moran

William & Mary Law Review

No abstract provided.

The Response Of The U.S. Workforce System To The Needs Of Workers During The Current Recession, Randall W. Eberts

Conference Papers

No abstract provided.

Vol. 27, No. 4, Ryan Shannon

The Illinois Public Employee Relations Report

Contents:

Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon

Recent Developments

Reinventing The Eeoc, Nancy M. Modesitt

All Faculty Scholarship

The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Indiana Law Journal

No abstract provided.

The United States Guestworker Program: The Need For Reform, Elizabeth Johnston

Vanderbilt Journal of Transnational Law

Although often marginalized, guestworkers are an integral part of the United States economy. In 2006 alone, the U.S. government certified visas for 18,736 temporary workers. The program expanded in subsequent years and continues to grow each year. Despite its broad scope, huge impact on the labor force, and the extensive existing legislation regarding it, the guestworker program has permitted most employers of guestworkers to eschew the regulations or find loopholes, resulting in a system that is largely exploitative. Abuse of workers begins in their home countries, intensifies during the period of employment, and often continues even after employment terminates. Workers …

Making Strange Bedfellows: Enlisting The Cooperation Of Undocumented Employees In The Enforcement Of Employer Sanctions, Farhang Heydari

Vanderbilt Law School Faculty Publications

Conventional wisdom dictates that in order to control undocumented immigration, the law should punish employers who hire unauthorized workers Although decades have passed with employer sanctions laws in place, it is indisputable that effective enforcement remains elusive. In fact, rather than consistently targeting employers, U.S. immigration authorities have more often focused on individual immigrants. Recently, however, with immigration policy at the forefront of national attention, there has been a call for a renewed focus on the nation's worst offending employers. But after years of lax enforcement, immigration authorities are in a poor position to effectively change their strategy. To help …

The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise

Cornell Law Faculty Publications

Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and retaliation cases. The decision prompted an outcry from the plaintiffs' bar and Congress has proposed legislation to overturn Gross. Despite the outcry, a simple question persists: Does the motivating factor jury instruction influence case outcomes? Results from our experimental mock jury study suggest that such jury instructions …

Redressing All Erisa Fiduciary Breaches Under Section 409 (A), Eric D. Chason

Faculty Publications

No abstract provided.

Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer

Faculty Publications

No abstract provided.

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

Articles

Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi

Court Briefs

No abstract provided.

Setting And Adjusting Workforce Performance Targets, Randall W. Eberts

Conference Papers

No abstract provided.

A Literature Review On Methodology For Measuring And Monitoring Net Impacts Of Employment Benefits And Support Measures, Christopher J. O'Leary

Reports

No abstract provided.

Use Of Ui And Es By Recent Tanf Leavers, Christopher J. O'Leary

Conference Papers

No abstract provided.

Workforce Investment Act (Wia) Net Impact Estimates And Rates Of Return, Kevin Hollenbeck

Conference Papers

No abstract provided.

Overview Of Job Protected Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

An overview of job protected leave by number of employees and state.