Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act,
2022
St. Mary's University School of Law
Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer
St. Mary's Law Journal
Abstract forthcoming.
Interns And Institutions: Interactions Between Unpaid Interns And Public Policy,
2022
Seattle Pacific University
Interns And Institutions: Interactions Between Unpaid Interns And Public Policy, Hannah G. Waterman
Honors Projects
Political, and especially Congressional, internships are all but mandatory to launch a career in politics. This text examines the demographics of how these internships are dispersed, how they are paid, who is paid, and how this manifests in full-time Congressional staff demographics. Data shows that both paid and unpaid Congressional internships belong disproportionately to white students. Top staff in the House of Representatives is similarly disproportionately white. The text also examines the inherent danger of working in Congress and the broader case for paid internships.
How To Pay Off Hard Work,
2022
University of Miami Law School
How To Pay Off Hard Work, Juliette Hernandez
University of Miami Business Law Review
No abstract provided.
Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry,
2022
Fordham University School of Law
Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson
Fordham Law Review Online
This Article analyzes U.S. ratification of International Labour Organization (ILO) Convention 169, Indigenous and Tribal Peoples Convention (“Convention 169” or “C. 169”), by evaluating the impact in terms of its ability to solidify its protections of the land and lifeways of Arctic Indigenous people and strengthen the United States’s position as an international leader in Arctic life, development, and policy. Part I presents the issues. Part II introduces the growth of a polar shipping industry in the context of a rapidly melting Arctic. Part III provides a brief gloss on the complex and shifting international legal framework governing Arctic sovereignty …
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All,
2022
University of Cincinnati College of Law
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
University of Cincinnati Law Review
No abstract provided.
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions,
2022
University of Miami Law School
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell
University of Miami Race & Social Justice Law Review
For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as …
Negotiation And Alternative Dispute Lhr 546,
2022
University of Rhode Island
Negotiation And Alternative Dispute Lhr 546, Andrée J. Rathemacher
Library Impact Statements
No abstract provided.
Seminar In Labor And Employment Law Lhr 532,
2022
University of Rhode Island
Seminar In Labor And Employment Law Lhr 532, Andrée J. Rathemacher
Library Impact Statements
No abstract provided.
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers,
2022
University of Georgia School of Law
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
Georgia Journal of International & Comparative Law
No abstract provided.
Competition And Labour Law In Canada: The Contestable Margins Of Legal Toleration,
2022
Osgoode Hall Law School of York University
Competition And Labour Law In Canada: The Contestable Margins Of Legal Toleration, Eric Tucker
Articles & Book Chapters
In Canada, as elsewhere, the norms of capitalist legality include an aversion to permitting collective action by sellers of commodities to increase their price. Labour law, however, is built on the norm of freedom of association and the right of commodified workers to combine for the purpose of improving the terms of their labour contracts. This gives rise to a recurring regulatory dilemma. In Canada, this conflict has been resolved by granting workers a legal immunity from liability under competition law for engaging in approved collective action to improve or defend their terms and conditions of work. However, the zone …
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021,
2022
University of Zambia; Southern African Institute for Policy and Research
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba
SAIPAR Case Review
The Court of Appeal of Zambia, in the case of Mubita Mwananuka v Armaguard Security CAZ Appeal No. 201/2021, delivered a Ruling on 3rd August 2022 to divest the High Court General List of jurisdiction over employment matters. I argue that this decision is in clear violation of the Constitution and demonstrates bewildering disregard of precedents by the Supreme Court and the Constitutional Court, which bind the Court of Appeal.
Mp Infrastructure Zambia Limited V. Matt Smith And Kenneth Barnes Caz Appeal No. 102/2020,
2022
University of Zambia
Mp Infrastructure Zambia Limited V. Matt Smith And Kenneth Barnes Caz Appeal No. 102/2020, Chanda Chungu
SAIPAR Case Review
No abstract provided.
Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States,
2022
University of Arkansas, Fayetteville
Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins
World Languages, Literatures and Cultures Undergraduate Honors Theses
The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …
Labor And Employment,
2022
Mercer University School of Law
Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback
Mercer Law Review
This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.
A Country Prospering On Abuse: Migrant Worker Exploitation And Labor Reform In Qatar,
2022
University of Arkansas, Fayetteville
A Country Prospering On Abuse: Migrant Worker Exploitation And Labor Reform In Qatar, Emma Towe
Marketing Undergraduate Honors Theses
The countries of the Gulf Cooperation Council rely on migrant workers to drive their economies and perform hard labor while simultaneously abusing these workers through the kafala (sponsorship) system. Qatar is not an exception to this rule, even as labor reforms are being implemented. When Qatar was awarded the responsibility of hosting the 2022 FIFA World Cup, an international spotlight on labor abuses followed. Although Qatar has responded by enacting labor reforms, strong evidence shows continued abuse and lax enforcement of new polices. While the economy of Qatar thrives, overworked, underpaid migrant workers, who have little to no rights, continue …
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles,
2022
Angelo State University
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Texas A&M Law Review
The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …
Staff Matters: Employees On Military Leave,
2022
HRM Services
Staff Matters: Employees On Military Leave, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
This Staff Matters column addresses an employer's concern about an employee being deployed for military service and explores options for managing the situation. The response emphasizes the application of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). The article highlights that USERRA, applicable to all employers regardless of size, mandates unpaid leave for military service members and outlines re-employment rights. Practical suggestions for coping with the absence, including hiring temporary staff and having a clear policy in the employee handbook, are provided. The column also hints at future articles …
Pov: Why The Crown Act Is Needed,
2022
Boston University School of Law
Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig
Shorter Faculty Works
Imagine, for one minute, that we live in an alternate universe where employer and school grooming policies that ban “unprofessional” or “faddish” hairstyles are routinely employed as a reason for firing, or refusing to hire, individuals with naturally straight hair. The normative standard for hair in this alternate universe is tightly coiled, curly hair—the kind of hair texture that actors like Denzel Washington or Issa Rae are born with, hair texture that is best suited for natural and protective hairstyles like locs, twists, braids, and Bantu knots.
Student-Athletes' Push For Compensation: Analyzing The Impact Of Alston V.National Collegiate Athletic Association (Alston Ii), 958 F.3d 1239 (9th Cir. 2020),
2022
Villanova University Charles Widger School of Law
Student-Athletes' Push For Compensation: Analyzing The Impact Of Alston V.National Collegiate Athletic Association (Alston Ii), 958 F.3d 1239 (9th Cir. 2020), Matthew Nowak
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
How The National Labor Relations Board Is Still Failing Marginalized Employees,
2022
Brooklyn Law School
How The National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck
Brooklyn Law Review
The protection of employee labor rights to organize unions, collectively bargain with employers, and engage in protected concerted activity is the cornerstone of the National Labor Relations Act. And yet the National Labor Relations Board, which enforces it, often falls short. For decades, the NLRB has at times reinstated employees with backpay despite bigoted abusive conduct they engaged in during labor disputes with their employers. For example, the NLRB has reinstated with backpay employees on a picket line who have targeted marginalized coworkers with racial epithets because the employer hired the latter to end a strike. Historically, the NLRB sometimes …
