Labor and Employment Law Commons^™

Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.

Is Usmca Good For Mexican Labor? A Preliminary Analysis Of Usmca And Labor Market Outcomes In Mexico, Diego Marroquín Bitar

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) introduced significant labor provisions aimed at bolstering labor rights and promoting union democracy, representing a departure from its predecessor, the North America Free Trade Agreement (NAFTA). This paper examines USMCA’s potential benefits and limitations on labor, arguing that the trade agreement’s effectiveness in improving labor conditions in Mexico may be limited. By primarily benefitting export-oriented firms, USMCA leaves a significant portion of Mexico’s workforce untouched. Moreover, USMCA's new wage requirements, intended to raise labor standards, may paradoxically increase production costs for formal firms, potentially lowering overall productivity. This paper underscores the persistent formal-informal labor divide …

Labor Enforcement In The Us-Mexico-Canada Agreement: Design, Motivation, And Reality, Inu Manak, Alfredo Carrillo Obregon

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) includes a novel feature in the agreement’s dispute settlement provisions: the Rapid Response Labor Mechanism (RRM). The stated purpose of the RRM is to ensure the remediation of a denial of collective bargaining rights for workers in certain covered facilities. Its novelty is that it does not follow the typical labor claims processes as found in previous trade agreements, nor is it structured like traditional state-to-state dispute settlement. Primarily, it provides a means to take swift action against a facility when the complainant deems that a denial of specific labor rights is taking place. Essentially, …

Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, Maggie Sullivan

Cleveland State Law Review

Gender inequality in the workplace is an ever-evolving discussion. One aspect of gender inequality that is frequently overlooked is the leadership gap—the lack of representation of women in the top positions of their respective careers. Research demonstrates that the leadership gap is particularly pronounced in the legal field. This Article analyzes the factors within the legal field that perpetuate the leadership gap and examines the unique, confounding qualities of careers in national security to illustrate an exacerbated problem of inequality for women lawyers in national security. The lack of adequate diversity in people working in—and leading—the national-security field has been …

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Reforming The Ministerial Exception, Paul E. Mcgreal

Villanova Law Review (1956 - )

No abstract provided.

Vol. 40, Jenny Lee

The Illinois Public Employee Relations Report

Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action

By Jenny Lee

The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg

MC Law Review

This Note is about an existing plague on employment-law jurisprudence in the Fifth Circuit. Small and big companies alike can terminate an employee for no discriminatory reason but then be tagged with a lawsuit that has a fair chance of success, just because the disgruntled former employee is willing to lie or the parties disagree over the facts. This is true even though no evidence of actual discrimination exists. The work-rule doctrine changes at-will employment to good-will employment under the guise of federal employment discrimination statutes. Whatever your position is on the longstanding at-will employment regimes, there can be no …

Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander

MC Law Review

Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …

Noncompete Agreements In A Rigid Labor Market: The Case Of Italy, Lorenzo G. Luisetto, Tito Boeri, Andrea Garnero

Law Faculty Articles and Essays

Noncompete agreements limiting the mobility of workers have been found to be widespread in the United States, a flexible and lightly regulated labor market. We explore the use of noncompete agreements in a rigid and highly regulated labor market, where labor mobility is low, and the labor market is highly regulated via legislation and collective bargaining. Based on a novel survey of Italian workers and an analysis of the regulatory framework, our study shows how trends and patterns in the use of noncompete agreements are not specific to a flexible labor market. Even in a rigid and highly regulated labor …

Survival Labor, Yvette Butler

Articles by Maurer Faculty

This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in survival labor.

The carceral system continues to disproportionately harm racial minorities and people living in poverty. The foundations of many laws regulating racialized bodies and the policing of those bodies has created a culture where blackness is equivalent to criminality. While a penal abolitionist framework is helpful …

Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer

Mercer Law Review

This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …

Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks

Mercer Law Review

Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.

Bostock And Its Progeny: A Path To Protection For The Lgbtq+ Community, Colton Shelly

Cardozo Journal of Equal Rights & Social Justice

The Bostock v. Clayton County decision marked a pivotal moment in extending federal protections under Title VII to the LGBTQ+ community, prohibiting employment discrimination based on sexual orientation and gender identity. This ruling has had far-reaching implications, influencing various cases across federal and state courts, though its application varies, leading to a diverse landscape of protections.

At-Will Employment And Healthcare: A Constant Conflict, Chris White

MC Law Review

Perfection is impossible. Perfection is essentially possible in the healthcare field, where adverse events are a part of the profession. For this reason, the government has developed systems that attempt to curb the inevitable issues that will arise; however, those systems do not always catch the shortcomings of healthcare-providing institutions. For this reason, the non-physician employees on the ground level, interacting with the patients on a daily basis, are often the best source of information when targeting and curing a healthcare organization’s shortfalls. Unfortunately, barriers exist that keep those non-physician employees from bringing to light what they have noticed.

Ask The Professor: How Has The Recent U.S. Supreme Court Opinion In Murray V. Ubs Securities Provided Much Needed Protection To Whistleblowers?, Ronald Filler

Articles & Chapters

No abstract provided.

Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese

Faculty Publications

The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …

Impact Ipsa Loquitur: A Reverse Hand Rule For Consumer Finance, Susan Block-Lieb, Edward J. Janger

Cardozo Law Review

The topic of this symposium—Automating Bias—considers how artificial intelligence can produce, reinforce, and hide racial and other forms of discrimination in consumer finance. The animating intuition is that the complexity and opacity of algorithms and artificial intelligence in consumer lending create a greater need for disparate impact analysis to combat lending discrimination. This view was articulated forcefully by the current Director of the Consumer Financial Protection Bureau (CFPB), Rohit Chopra, when he was still a commissioner at the Federal Trade Commission (FTC).

Emotionally Harmed? It Might Not Matter: An Analysis Of Cummings V. Premier Rehab Keller And Its Implications For Title Ii Of The Americans With Disabilities Act Of 1990, Sotir Zhupa

Cardozo Law Review

On April 28, 2022, the U.S. Supreme Court handed down an opinion that shocked the disability rights community. In Cummings v. Premier Rehab Keller, P.L.L.C., the Court ruled that compensatory damages for emotional distress may not be recovered by claimants who sue for disability discrimination under section 504 of the Rehabilitation Act of 1973 (section 504) and section 1557 of the Patient Protection and Affordable Care Act of 2010..

Cummings involved a woman, Jane Cummings, who is both deaf and legally blind. Because of her disabilities, she communicates through American Sign Language (ASL)—her first and primary language—and cannot communicate …

The Chicken-And-Egg Of Law And Organizing: Enacting Policy For Power Building, Kate Andrias, Benjamin I. Sachs

Faculty Scholarship

In a historical moment defined by massive economic and political inequality, legal scholars are exploring ways that law can contribute to the project of building a more equal society. Central to this effort is the attempt to design laws that enable the poor and working class to organize and build power with which they can countervail the influence of corporations and the wealthy. Previous work has identified ways in which law can, in fact, enable social-movement organizing by poor and working-class people. But there’s a problem. Enacting laws to facilitate social-movement organizing requires social movements already powerful enough to secure …