Labor and Employment Law Commons^™

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie L. Cooney

Faculty Scholarship

For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little progress had been made in female representation and concluded the mere passage of time alone would not render sufficient corrections. Although the …

Promoting Worker-Owned Cooperatives As A Ced Empowerment Strategy: A Case Study Of Colors And Lawyering In Support Of Participatory Decision-Making And Meaningful Social Change, Carmen Huertas-Noble

Publications and Research

No abstract provided.

The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham

Hofstra Labor & Employment Law Journal

When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups. With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers …

Winds Of Change Are Blowing From The Obama Nlrb, J. Michael Lightner

Hofstra Labor & Employment Law Journal

No abstract provided.

Take Your Paws Off Me: An Argument In Favor Of Revising The Occupational Safety And Health Act And The Protecting America's Workers Act, Jaime Rigel, Alexi T. Poulianos

Hofstra Labor & Employment Law Journal

No abstract provided.

Tackling Disability Discrimination At Work: Toward A Systematic Approach, Dianne Pothier

Dianne Pothier Collection

Approaching disability discrimination in systemic terms is the most fundamental challenge that disability human rights law currently faces. Achieving fundamental change in relation to disability at work necessitates challenging able-bodied norms. To that end, a social construction of disability entails adapting the environment to meet the needs of those with a variety of dis-abilities. Tackling disability discrimination requires contesting what is deemed “normal” be­cause it is the way most able-bodied persons function, necessitating a thorough understanding of adverse effects discrimination, which looks behind purportedly neutral practices to uncover detrimental effects on those who do not function “normally”.

The fact that …

What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill

Women’s Studies, Feminist Zine Archive

Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.

The Florida Minimum Wage Act: Thoughts On The Impending Notice Debate, Christopher M. Pardo

St. Thomas Law Review

Although litigation has yet to erupt in this arena, the 2005 Minimum Wage Amendment to the Florida Constitution laid the groundwork for what may soon become a hotbed of litigation. Specifically, the Minimum Wage Amendment ("Amendment") set a minimum wage above the federal standard and created a civil cause of action and specifically allowed the Florida legislature or Agency for Workforce Innovation to "adopt any measures appropriate for the implementation of this amendment." The result has led to little litigation to date, but the two initial cases examining the implementing legislation - Throw v. Republic Enter. Sys., Inc. and Resnick …

The State Of Erisa After 35 Years: Complex, Yet Arguable Simplistic, Which Federal Statute May Be Unraveled With A Touch Of Supreme Common Sense, H. Michael Muniz

St. Thomas Law Review

No abstract provided.

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie Larkin Cooney

Faculty Scholarship

Leslie Cooney, Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, 47 San Diego Law Review 421 (2010). For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little …

Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker

Articles & Book Chapters

Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …

Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn

The Modern American

No abstract provided.

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 …

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.

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

Faculty Scholarship

Part I of this article describes the legal framework for analyzing whether a partner can sue under the Age Discrimination in Employment Act ("ADEA"), focusing on two fairly recent decisions in this area: (i) The U.S. Supreme Court's 2003 decision in Clackamas Gastroenterology Assoc., P.C. v. Wells, a case in which the Court had to determine whether director-shareholder physicians in a medical clinic should be deemed employees for purposes of the Americans with Disabilities Act ("ADA"); and (ii) the Seventh Circuit's 2002 decision in a lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") against the law firm Sidley & …

Achieving Accountability For Migrant Domestic Worker Abuse, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Domestic work has become increasingly commoditized in the global economy. Migrant domestic workers' remittances constitute a rich source of revenues for their countries of origin, while their labor ameliorates the “care deficit” experienced in wealthier countries of destination. Despite the importance of their work, migrant domestic workers are some of the most exploited workers in the world. They are often discriminated against based on their gender, class, race, nationality, and immigration status, and they are excluded from labor law protections in most countries of destination.

This essay examines some of the underlying reasons for this mistreatment and neglect. After describing …

Beyond The 'Chilling Effect': Immigrant Worker Behavior And The Regulation Of Occupational Safety & Health, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This article forms part of a broader scholarly project that seeks to understand the root causes of immigrant worker injury and fatality trends in the U.S., and the ways in which legal norms and regulatory practices shape these trends. This particular contribution examines the broad range of attributes and experiences that influence immigrant worker behavior relating to occupational safety and health -- in the context of interactions with employers and regulatory bodies, and relating to the choices that workers themselves make about how to perform their work.

Drawing upon scholarship from multiple disciplines, the article encourages a more robust understanding …

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, Joshua J. Miller

Maryland Law Review

No abstract provided.