From Corporate Express To Fedex Home Delivery: A New Hurdle For Employees Seeking The Protections Of The National Labor Relations Act In The D.C. Circuit,
2010
American University Washington College of Law
From Corporate Express To Fedex Home Delivery: A New Hurdle For Employees Seeking The Protections Of The National Labor Relations Act In The D.C. Circuit, Jamison F. Grella
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings,
2010
The Catholic University of America, Columbus School of Law
Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings, Roger C. Hartley
Scholarly Articles
Workplace captive audience meetings are assemblies of employees during paid work time in which employers compel employees to listen to antiunion and other types of proselytizing. Employers enforce attendance at workplace captive audience meetings by threats of discharge. Typically, employers deny employees the right to ask questions or express disagreement with the anti-union views presented during these mandatory meetings. Soon after the enactment of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) concluded that workplace captive audience meetings discussing unionization are per se unlawful. However, the NLRB reversed course following the enactment of the 1947 Taft-Hartley …
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal",
2010
University of Missouri School of Law
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman
Faculty Publications
In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases,
2010
Barry University
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Employment Discrimination In The Ethnically Diverse Workplace,
2010
Fordham University School of Law
Employment Discrimination In The Ethnically Diverse Workplace, Tanya K. Hernandez
Faculty Scholarship
Racial integration has long been the touchstone of racial progress in the workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do not necessarily become less racially discriminatory. Diverse workplaces may be characterized by antagonism between people of different races. Interethnic discrimination may exist alongside the discrimination that has traditionally occurred between blacks and whites, i.e., non-white racial and ethnic groups may engage in disparate-treatment employment discrimination actionable under Title VII of the 1964 Civil Rights Act. Examples of interethnic discrimination occur among members of different ethnic subgroups, as …
Fields V. Prater: The Fourth Circuit’S Lost Opportunity To Further Define The Boundaries Of Political Patronage In Public Employment,
2010
University of Maryland Francis King Carey School of Law
Fields V. Prater: The Fourth Circuit’S Lost Opportunity To Further Define The Boundaries Of Political Patronage In Public Employment, Joshua J. Miller
Maryland Law Review
No abstract provided.
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown,
2010
University of Michigan School of Law
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Reviews
Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …
Gina's Genotypes,
2010
Pennsylvania State University,Dickinson School of Law
Gina's Genotypes, David H. Kaye
Michigan Law Review First Impressions
In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Hailed by the late Senator Edward Kennedy as "the first civil rights bill of the new century of life sciences," GINA generally prohibits employers from asking for "genetic information." …
The Legal Arizona Workers Act And Preemption Doctrine,
2010
University of Michigan Law School
The Legal Arizona Workers Act And Preemption Doctrine, Sandra J. Durkin
Michigan Journal of Race and Law
in recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went into effect in 2008 and has amassed more than two years' worth of data on its enforcement, and because it is touted as the harshest state anti-immigration measure to date. This Note examines the law's impacts and argues that practitioners nationwide should challenge the Legal Arizona …
Legal And Ethical Issues Associated With Employee Use Of Social Networks,
2010
Boise State University
Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park
Management Faculty Publications and Presentations
Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy,
2010
George Mason University School of Law
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson
Michigan Journal of Race and Law
The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …
Understanding Card-Check Organizing: The Public Sector Experience,
2010
University of Missouri School of Law
Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler
Faculty Publications
The use of “card checks” as a method of union organizing has recently garnered considerable attention, much of it surrounding the proposed Employee Free Choice Act. The proposed legislation seeks to amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via card checks. Despite this recent interest in card checks, there is little empirical research on the topic due, in part, to the lack of available data. Although card-check organizing in the private sector is not rare, such organizing is voluntary, and does …
The Meaning Of Just Cause In North Carolina Public Employment Law: Caroll And Its Progeny Provide For A Heightened Multifactor Standard For State Employee Disciplinary Cases,
2010
Campbell University School of Law
The Meaning Of Just Cause In North Carolina Public Employment Law: Caroll And Its Progeny Provide For A Heightened Multifactor Standard For State Employee Disciplinary Cases, J. Michael Mcguinness
Campbell Law Review
This Article explores the doctrine of just cause in North Carolina public employment law. After a review of the leading North Carolina Supreme Court case of N.C. Department of Environment and Natural Resources v. Carroll and its progeny, this Article examines applicable just cause standards and analytical tests so that the true meaning of just cause can be better understood. Multi-factor tests are applied in order to employ a more objective just cause standard and to avoid unprincipled conclusions not founded upon established criteria.
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination,
2010
University of Colorado Law School
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination, Kerry Van Der Burch
University of Colorado Law Review
This Note focuses on a recent Seventh Circuit case of first impression, Hall v. Nalco, which held that Title VII prohibits an employer from firing an employee for absenteeism related to infertility treatments. Because Hall is the first circuit court decision to rule that fertility-treatment discrimination can be a form of sex discrimination under Title VII, it represents a victory for infertile employees suffering from workplace discrimination. Yet Hall tells a tale of missed opportunities. This Note highlights how both the Seventh Circuit and the plaintiff, Cheryl Hall, missed opportunities to expand legal protection for employees undergoing infertility treatments. First, …
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo,
2010
University of Oklahoma College of Law
Sprint/United Management Co. V. Mendelsohn: Tenth Circuit Employment Law Remains In “Me Too” Limbo, Emily D. Wilson
Oklahoma Law Review
No abstract provided.
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment,
2010
University of Oklahoma College of Law
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment, Katherine R. Morelli
Oklahoma Law Review
No abstract provided.
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry.,
2010
American University Washington College of Law
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Research Reports & White Papers
Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …
Gathering Moss: The Nrla's Resistance To Legislative Change ,
2010
Fordham University School of Law
Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney
Faculty Scholarship
Why has the NLRA been so resistant to legislative change for more than 60 years? How was Congress able to enact two major labor relations laws within a 12-year period (1935 and 1947) but then unable to approve proposed reforms in the years since 1947? In an effort to answer these questions, the article closely examines contemporaneous newspaper accounts from the 1935 and 1947 legislative “successes” as well as from two more recent congressional “failures” in 1978 and 1992. The article’s examination proceeds based on an analytic framework borrowed from political scientist John Kingdon that posits a recurring interplay among …
Intended And Unintended Consequences: The 2006 Fair Minimum Wage Amendment Of The Ohio Constitution ,
2010
Cohen, Rosenthal & Kramer L.L.P.
Intended And Unintended Consequences: The 2006 Fair Minimum Wage Amendment Of The Ohio Constitution , Jason R. Bristol, Ashley A. Weaver, Thomas A. Downie
Cleveland State Law Review
This Article first provides a brief overview of federal and Ohio minimum wage law. The Article then examines the text of the 2006 Amendment. The third section delves into the provisions of HB 690 and the differences between HB 690 and the Amendment. The final section explores litigation issues arising from these differences.
Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision,
2010
Cleveland State University
Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Law Faculty Articles and Essays
In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.
