Labor and Employment Law Commons^™

Family And Medical Leave: Selective Background Information, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Topics covered:

Who is currently working for a “covered employer” under the FMLA and, of those employees, how many are eligible for FMLA-related leave?

Of eligible individuals who work for covered employers, how many used leave rights under the FMLA?

Who needed the type of leave offered by the FMLA but did not take such leave?

What percentage of private sector establishments are covered under the FMLA?

Flexible Work Arrangements: The Fact Sheet, Jean Flatley Mcguire, Kaitlyn Kenney, Phyllis Brashler

Memos and Fact Sheets

A "flexible work arrangement" (FWA) is any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. The term includes (but is not limited to):

1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and breack schedules:

2. flexibility in the amount of hours worked, such as part-time work and job shares; and

3. flexibility in the place of work, such as working at home or at a satellite location.

Did Congress Authorize The Nlrb To Decide Cases With Only Two Sitting Board Members, Where The Nlra’S Statutory Language Provides For A Three-Member Board Quorum?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley

Brigham Young University Journal of Public Law

No abstract provided.

The Public Policy Exception To Employment At-Will: Time To Retire A Noble Warrior?, Kenneth R. Swift

Mercer Law Review

I. INTRODUCTION

An armored car driver leaves his truck in violation of company rules to help save a woman from a knife-wielding attacker and is terminated.

A campus security guard is called to a scene where a man is lifting a woman; he mistakenly believes it is an attack, arrests the man, and is terminated.

A nurse is invited on a camping weekend by her supervisor, refuses to take part in a bawdy dance, and is terminated.

A woman, asked by her employer to sign a statement indicating she acted inappropriately at work, requests to meet with a lawyer first …

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.

A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Measuring The Success Of Bivens Litigation And Its Consequences For The Individual Liability Model, Alexander A. Reinert

Articles

In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U. S. 388 (1971), the Supreme Court held that the Federal Constitution provides a cause of action in damages for violations of the Fourth Amendment by individual federal officers. The so-called "Bivens "cause of action—initially extended to other constitutional provisions and then sharply curtailed over the past two decades—has been a subject of controversy among academics and judges since its creation. The most common criticism of Bivens—one that has been repeated in different venues for thirty years— is that the Court's individual liability model, in …

The Fluctuating Workweek: How It Works, How It’S Treated, How It’S Perceived, Anthony J. Galdieri

The University of New Hampshire Law Review

[Excerpt] “This article argues that the fluctuating workweek method of overtime compensation is a viable alternative to the traditional method of overtime compensation. First, it will explain how the fluctuating workweek works and how state courts have treated it. Second, it will debunk several misconceptions about the fluctuating workweek. Finally, it will show that employers are working small numbers of employees for long hours because paying overtime is cheaper today than hiring new employees.

Data Note: Vocational Rehabilitation Employment Outcomes For Transition-Age Youth With Autism And Other Disabilities, Frank A. Smith, Jaime Lugas

Data Note Series, Institute for Community Inclusion

Youth with autism, like youth from other disability subgroups, often participate in state Vocational Rehabilitation (VR) programs to obtain employment. While youth with autism represent a small percentage of all VR closures, the number with autism who closed out of VR more than tripled between 2003 and 2008 (see figure). In this Data Note, we compare employment outcomes for two subgroups of youth who exited VR in FY 2008, those with autism and those with all other disabilities.

Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson

Journal of Law and Practice

No abstract provided.

Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman

Faculty Working Papers

Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.

Gross Disunity, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Article will proceed as follows: Part I will explain Gross in terms of causation and unification. Part II will argue that Gross rejected the doctrine of uniformity, a well-established and useful canon of statutory construction, without explanation. Part III will show how the courts‟ post-1991 rejection of uniformity, culminating in Gross, might be seen as a form of judicial recalcitrance. However, that Part will suggest that the Court's rejection of uniformity in Gross is better understood as a rejection of burden-shifting in disparate treatment doctrine. Finally, Part IV will argue that burden-shifting is normatively desirable in disparate treatment doctrine, …

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz

Law Faculty Publications

Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self·sufficiency, and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has such disastrous effects for working youth, their families, and society as a whole. Three main themes are developed:

1. Child labor has always been part of the American economy, from colonial times until today. While there have been more than 150 years …

Port Development Labor Issues, Alastair Deans

Sea Grant Law Fellow Publications

No abstract provided.

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

All Faculty Scholarship

No abstract provided.

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Vol. 27, No. 1, Ronald J. Kramer

The Illinois Public Employee Relations Report

Contents:

Ricci v. DeStefano: What It Means for Public Employees, by Ronald J. Kramer

Recent Developments