Labor and Employment Law Commons^™

Reasonable Rulemaking Under Osha: Is It Feasible., Donald R. Taylor

St. Mary's Law Journal

Abstract Forthcoming.

Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann

University of Arkansas at Little Rock Law Review

No abstract provided.

Enduring Exclusion, Daiquiri J. Steele

Michigan Law Review

Economic justice has long been a part of the civil rights agenda, and minimum labor standards statutes play a crucial role in eradicating the exploitation and subordination of historically marginalized workers. While statutes establishing labor standards are characterized as “universal,” their effect has been anything but universal. Racial and ethnic minorities, women, and those at the intersection experience disproportionate violations of labor standards laws concerning minimum wage, overtime, and occupational safety and health. Through legislative maneuvering dating back to the New Deal era, Congress carved out many female workers and workers of color from core protections of minimum labor standards …

Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss

Nevada Law Journal

Pregnant workers often need small changes—such as permission to sit on a stool or to avoid heavy lifting—to stay on the job safely through a pregnancy. In the past decade, twenty-five states have passed laws that guarantee pregnant employees a right to reasonable accommodations at work. Despite the stark partisan divide in contemporary America, the laws have passed in both Republican- and Democratic-controlled states. This Essay offers the first detailed case study of this remarkably effective campaign, and it shows how it laid the groundwork for analogous federal legislation, passed in December 2022, that ensures workers across the country will …

The Coming Causation Revolution In Employment Discrimination Litigation, D’Andra Millsap Shu

Cardozo Law Review

For more than a decade, employment discrimination causation law has been a confusing, often overly restrictive quagmire that has contributed substantially to the paltry success rate of plaintiffs in employment discrimination cases. Most of these cases are dismissed pretrial, all too often based on a failure of causation. A key reason traces back to loose and misleading language—centered on a single word—in a 2009 Supreme Court opinion involving the but-for causation standard that applies in most discrimination cases. The Court said that the discriminatory motive must be “the” but-for cause of the employer’s action when it should have said “a” …

Driving The National Labor Relations Act Forward: Analyzing Abusive Conduct That Occurs In The Course Of Protected Activity After General Motors Llc, Kurt Stumpo

Cardozo Law Review

No abstract provided.

The Prison Litigation Reform Act Exhaustion Requirement: How A Legislative Decision From 1996 Is Controlling Covid-19 Conditions Inside Correctional Facilities, And What Can Be Done To Fix It, Hannah E. Mirzoeff

Cardozo Law Review

No abstract provided.

Taking Courthouse Discrimination Seriously: The Role Of Judges As Ethical Leaders, Susan Saab Fortney

Faculty Scholarship

Sexual misconduct allegations against Alex Kozinski, a once powerful judge in the U.S. Court of Appeals for the 9^th Circuit, spotlighted concerns related to sexual harassment in the judiciary. Following news reports related to the alleged misconduct, Chief Justice John G. Roberts, Jr. charged a working group with examining safeguards to deal with inappropriate conduct in the judicial workplace. Based on recommendations made in the Report of the Federal Judiciary Workplace Conduct Working Group, the Judicial Conference approved a number of reforms and improvements related to workplace conduct in the federal judiciary. The reforms included revising the Code of …

Civil Rights Catch-22s, Jonathan P. Feingold

Cardozo Law Review

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.

I refer to …

Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas

Journal of Law and Health

As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the …

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, 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, 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, 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, Baylee Kalmbach

University of Cincinnati Law Review

No abstract provided.

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, Andrée J. Rathemacher

Library Impact Statements

No abstract provided.

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, Anna Parks Muecke

Georgia Journal of International & Comparative Law

No abstract provided.

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 …