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The Essence Test: Picking Up A Supreme Court Fumble, Thomas Gentry 2018 The Catholic University of America, Columbus School of Law

The Essence Test: Picking Up A Supreme Court Fumble, Thomas Gentry

Catholic University Law Review

Labor arbitration is the primary mean by which employers and employees resolve disputes. The shortcomings of the Supreme Court’s jurisprudence on labor arbitration have intensified as more employees opt for arbitration. These shortcomings are no more apparent than with the National Football League and its players.

This Comment uses NFL player Adrian Peterson and his player-discipline arbitration process as an example of the gaps in the Supreme Court’s case law. The Supreme Court announced the Essence Test in 1960 with the seminal Steelworker Trilogy Cases. Since 1960, lower courts have been unable to consistently apply the test, leading ...


Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller 2018 The Catholic University of America, Columbus School of Law

Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller

Catholic University Law Review

The equitable defense of laches generally cannot be used against the sovereign. This broad proposition, adopted from English Courts of Equity, cements itself in United States federal case law. It is a longstanding principle that the federal government protects the public good and must be exempt from the defenses that could be brought up in a private suit. Administrative agencies bear a similar role, and exemption, when litigating as the United States on behalf of the public.

However, courts do not affirmatively restrict the use of laches against administrative agencies who may be acting on behalf of a private litigant ...


Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell 2018 University of Ottawa

Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell

Genocide Studies and Prevention: An International Journal

No abstract provided.


Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz 2018 Georgia State University College of Law

Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz

Georgia State University Law Review

The Act amends Georgia’s statute to give state employers the authority to drug test certain applicants to various public positions. The Act adds opioids, opioid analgesics, and opioid derivatives to the list of drugs for which state employers may screen.


The Multiple Justifications Of Occupational Licensing, Nick Robinson 2018 University of Washington School of Law

The Multiple Justifications Of Occupational Licensing, Nick Robinson

Washington Law Review

Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing increased consumer costs and impairing labor mobility and economic freedom. To address these concerns, many policymakers and academics argue that licensing restrictions should be more closely tailored to the goal of protecting the public from harm and that, to guard against capture, practitioners should not regulate their own licensing. Federal courts, in turn, have drawn on this vision of the proper role of occupational ...


Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett 2018 Paul M. Hebert Law Center of Louisiana State University

Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett

Buffalo Law Review

No abstract provided.


There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle 2018 Notre Dame Law School

There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle

Journal of Legislation

No abstract provided.


#Metoo & Tax, Margaret Ryznar 2018 Indiana University McKinney School of Law

#Metoo & Tax, Margaret Ryznar

Washington and Lee Law Review Online

Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.


Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla 2018 College of William & Mary Law School

Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla

William & Mary Law Review

No abstract provided.


A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review 2018 Golden Gate University School of Law

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.


Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe 2018 World Maritime University

Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe

World Maritime University Dissertations

No abstract provided.


Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham 2018 Cornell Law School, 2019

Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham

Cornell Law Review

Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision ...


Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring 2018 Boston College Law School

Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

A growing number of individuals now perform work in the sector known as the “sharing economy,” and their participation raises important tax and regulatory questions. In this chapter, we survey some of the key tax issues confronting individuals operating in the sharing economy in the United States. Many of the tax implications that arise in sharing economy work stem from the threshold decision by many platforms to classify such individuals as independent contractors rather than employees. Therefore, we first discuss how the threshold classification decision affects the substantive and compliance-related tax issues faced by individuals operating in the sharing economy ...


Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin 2018 Boston College Law School

Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin

Boston College Law Review

Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...


Who Can “Seize The Day?”: Analyzing Who Is An “Employee” For Purposes Of Unionization And Collective Bargaining Through The Lens Of The “Newsie” Strike Of 1899, Hannah Esquenazi 2018 Boston College Law School

Who Can “Seize The Day?”: Analyzing Who Is An “Employee” For Purposes Of Unionization And Collective Bargaining Through The Lens Of The “Newsie” Strike Of 1899, Hannah Esquenazi

Boston College Law Review

In the summer of 1899, the Newsboys of New York banded together, formed a union, and began to “strike” against two of the city’s largest newspapers in response to a price increase. After a two-week struggle, the newspaper companies agreed to compromise by buying back any unsold papers at the end of the day from the Newsboys. They did not, however, agree to the Newsboys’ classification of the effort as a “strike.” The newspapers saw this as a boycott of non-employees, or independent contractors. After the turn of the century, Congress began to pass laws protecting employees, and in ...


If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad 2018 Boston College Law School

If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad

Boston College Law Review

Secrecy is an ally of sexual violence. For decades, victims of sexual abuse have remained silent about their experiences. The recent emergence of the #MeToo movement in the aftermath of the scandals surrounding movie mogul Harvey Weinstein and television personalities Roger Ailes and Bill O’Reilly raises larger questions about whether employers are partly to blame because of the widespread use of non-disclosure agreements in settlements. The movement, while exposing the magnitude of the problem, also makes it clear that silencing victims’ speech means that sexual violence will never truly be settled. This Note argues that non-disclosure agreements in cases ...


Something To Talk About, Joni Hersch, Jennifer Bennett Shinall 2018 Selected Works

Something To Talk About, Joni Hersch, Jennifer Bennett Shinall

Jennifer Bennett Shinall

To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in little or no information about family status being provided in pre-employment interviews. To investigate whether concealing family information actually improves women’s employment prospects, we conduct an original experimental study fielded on more than 3,000 subjects. Our study provides the first ever evidence that concealing personal information lowers female applicants’ hiring prospects. Subjects overwhelmingly preferred to hire candidates who provided information, regardless of content. Any ...


Google, Charlottesville, And The Need To Protect Private Employees’ Political Speech, Chloe M. Gordils 2018 Brooklyn Law School

Google, Charlottesville, And The Need To Protect Private Employees’ Political Speech, Chloe M. Gordils

Brooklyn Law Review

At a time when the freedom of speech is increasingly under attack, the question becomes: what protections are available to employees of private companies who wish to engage in political expression while off the clock? Although public employees are in many ways protected by the First Amendment from government intrusion into their political speech, private employees in many states are left largely unprotected. This note examines the current statutory protections offered to protect private employees from being fired or retaliated against based on their political opinions, and argues that the inconsistency and unpredictability of state laws call for a uniform ...


Vol. 35, No. 4, Roxana M. Underwood 2018 Chicago-Kent College of Law

Vol. 35, No. 4, Roxana M. Underwood

The Illinois Public Employee Relations Report

Managing Public Employee Speech in the Age of Social Media – Instituting Policies Regulating Public Employee Conduct While Balancing Access to the “Democratic Forums of the Internet”, by Roxana M. Underwood

Recent Developments


Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin 2018 Boston College Law School

Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin

Boston College Law School Faculty Papers

Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...


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