Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons

Open Access. Powered by Scholars. Published by Universities.®

9,399 Full-Text Articles 6,434 Authors 4,108,501 Downloads 186 Institutions

All Articles in Labor and Employment Law

Faceted Search

9,399 full-text articles. Page 5 of 186.

Competition Policy For Labour Markets, Herbert J. Hovenkamp 2019 University of Pennsylvania Law School

Competition Policy For Labour Markets, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Competition law in many jurisdictions defines its consumer welfare goal in terms of low consumer prices. For example, mergers are challenged when they threaten to cause a price increase from reduced competition in the post-merger market. While the consumer welfare principle is under attack in some circles, it remains the most widely expressed goal of antitrust policy.

We would do better, however, to define consumer welfare in terms of output rather than price. Competition policy should strive to facilitate the highest output in any market that is consistent with sustainable competition. That goal is in most ways the same as ...


Total Recall: The Rise And Fall Of Teacher Tenure, Laura McNeal 2019 Selected Works

Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal

Laura R. McNeal

No abstract provided.


Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen 2019 Brooklyn Law School

Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen

Journal of Law and Policy

Mental and emotional abuse, particularly of the LGBT community in the workplace, is not a new phenomenon; however, it is one that is detrimental to both workers and companies, and is becoming increasingly prevalent as more workers are openly identifying as members of the LGBT community. The Hate Crimes Prevention Act should be amended to prevent verbal violence against protected characteristics in the workplace specifically, as workplace verbal abuse has as a significant an impact on companies and businesses, and, in turn, interstate commerce and the Commerce Clause.


Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs 2019 Pepperdine University

Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs

Pepperdine Dispute Resolution Law Journal

This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.


Preface, Peter L. Strauss 2019 Columbia Law School

Preface, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.


Production Liability, Aditi Bagchi 2019 Fordham University School of Law

Production Liability, Aditi Bagchi

Fordham Law Review

It is well known that many consumer goods are produced under dangerous working conditions. Employers that directly supervise the production of these goods evade enforcement. Activists and scholars have argued that we must hold the manufacturers and retailers that purchase goods made in sweatshops accountable. However, there has been little movement toward such accountability. Responsibility for the conditions under which goods are made—what I call “production liability”—entails assigning responsibility for workers to firms that do not directly employ them. Production liability, therefore, conflicts with deep intuitions about the boundaries of individual responsibility. This Article offers a moral and ...


Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice 2019 Brooklyn Law School

Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice

Brooklyn Law Review

This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always ...


Reforming Pensions While Retaining Shareholder Voice, David Webber 2019 Boston Univeristy School of Law

Reforming Pensions While Retaining Shareholder Voice, David Webber

Faculty Scholarship

Public pension and labor union funds have been the driving force in diversified shareholder activism. They have also fended off attacks on jobs and proactively created jobs for fund contributors. These funds currently represent almost $4 trillion in assets over which workers have substantial control. That worker control - and the collective nature of defined benefit pension plans - is the necessary precondition for their shareholder activism. Both worker control and collective investment are directly threatened by the rise of defined contribution funds, particularly by well-funded efforts to promote the 401(k) in the public sector, the last bastion of the traditional ...


Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley 2019 Louisiana State University Law Center

Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley

Louisiana Law Review

The article discusses the status, as of May 2019, of marijuana legislation in the U.S. at both federal and state levels, with focus on the state of Louisiana, in the context of employment law, including significant court decisions that either uphold or dismiss statutory protections from wrongful termination for marijuana use.


Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell 2019 Louisiana State University Law Center

Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell

Louisiana Law Review

The article analyzes the National Collegiate Athletics Association (NCAA) amateurism principles in relations to the National Labor Relations Act (NLRA) in the lawsuit Berger v. NCAA and proposes a revision of the NCAA amateurism principles to decrease litigation related to the matter.


Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev 2019 UCLA School of Law

Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev

Boston College Law Review

This Article analyzes the history, design, and effectiveness of the highly controversial CEO pay ratio disclosure rule, which went into effect in 2018. Based on a regulatory mandate contained in the Dodd-Frank Act of 2010, the rule requires public companies to disclose the ratio between CEO pay and median worker pay as part of their annual filings with the Securities and Exchange Commission (SEC). The seven-year rulemaking process was politically contentious and generated a level of public engagement that was virtually unprecedented in the long history of the SEC disclosure regime. The SEC sought to minimize compliance costs by providing ...


Recent Case Shows Flaws In Va Benefits, David E. Boelzner 2019 William & Mary Law School

Recent Case Shows Flaws In Va Benefits, David E. Boelzner

Popular Media

No abstract provided.


Rizo V. Yovino: Another Step Toward Equality Through The Equal Pay Act, Corey Timpson 2019 Golden Gate University School of Law

Rizo V. Yovino: Another Step Toward Equality Through The Equal Pay Act, Corey Timpson

Golden Gate University Law Review

Still prevalent in today’s society is a vast inequality between men and women, such that men are oftentimes treated better than women in the same contexts. One realm of society where this inequality is evidenced is through the disparities in pay rates. On average, for each dollar a man earns, a woman earns only 80.5 cents. Despite the passage of the Equal Pay Act (“EPA”), the nearly 20% gap remains. The purpose of the EPA was to bridge the pay gap among men and women working similar jobs at the same workplace. Under the EPA, an employer cannot ...


Paga Saves The Day Against Forced Arbitration, Letty Chavez 2019 Golden Gate University School of Law

Paga Saves The Day Against Forced Arbitration, Letty Chavez

GGU Law Review Blog

Arbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their ...


Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith McCaffrey 2019 Boston College Law School

Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith Mccaffrey

Boston College Law Review

On May 16, 2018, the Second Circuit held, in Montero v. City of Yonkers, that a police officer who criticized other officers at a union meeting and then sued for retaliation in the wake of his remarks spoke “as a private citizen” and was therefore protected by the First Amendment. However, the Second Circuit limited its ruling by refusing to adopt a per se rule that any person who speaks as a union member speaks “as a private citizen” and is therefore protected from retaliation by the First Amendment. By specifically refusing to adopt a per se rule on union ...


The Ninth Circuit Enters The Class Certification Fray: Sali'S Rejection Of Evidentiary Formalism And Its Implications, Jessica Bachetti 2019 Boston College Law School

The Ninth Circuit Enters The Class Certification Fray: Sali'S Rejection Of Evidentiary Formalism And Its Implications, Jessica Bachetti

Boston College Law Review

In 2015, registered nurses brought a putative employment class action against the hospital that employed them, alleging that the hospital underpaid them by rounding their time in violation of California law. The United States District Court for the Central District of California denied class certification because the evidence that the plaintiffs submitted to demonstrate the “typicality requirement” for class certification under Federal Rule of Civil Procedure 23 was inadmissible. On appeal, the U.S. Court of Appeals for the Ninth Circuit held that inadmissibility alone is not a proper basis for denying class certification, adding to the circuit split over ...


Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason McIntyre 2019 Elisabeth Haub School of Law at Pace University

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether ...


Graduate Student Employees Or Employee Graduate Students? The National Labor Relations Board And The Unionization Of Graduate Student Workers In Postsecondary Education, Leslie Crudele 2019 College of William & Mary Law School

Graduate Student Employees Or Employee Graduate Students? The National Labor Relations Board And The Unionization Of Graduate Student Workers In Postsecondary Education, Leslie Crudele

William & Mary Business Law Review

This Note concerns the ongoing debate over the unionization of graduate student employees at private universities. An issue that the National Labor Relations Board (the Board) has historically been inconsistent on, graduate student unionization remains a contentious topic as university administrators continue to try to oppose student unionization efforts while graduate student employees seek to assert their collective bargaining rights under the National Labor Relations Act (the NLRA or the Act).

This Note will propose two considerations that the Board should take into account concerning issues of graduate student employee unionization: the appropriate bargaining unit and bargainable issues in academia ...


#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle 2019 College of William & Mary Law School

#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss 2019 College of William & Mary Law School

Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Digital Commons powered by bepress