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Duong on T7 Extraterritoriality
Posted: September 6th, 2010, 12:17pm EDT by laborprof lpb
Wendy Duong (Denver) has just posted on SSRN her article Extraterritorial Effect of U.S. Anti-Discrimination in Employment Law: Reexamining the Goals and Policies Behind the Citizenship Nexus. Here's an excerpt from the abstract:The weak enforcement of the ILO makes its... -
Happy Labor Day!
Posted: September 6th, 2010, 12:05pm EDT by laborprof lpb
Watching the Reds beating the Cards on national television Saturday (lost the season series, but still 7 games up!), I was struck by something I haven't seen on national television in a long while -- this nonpolitical AFL-CIO Labor Day... -
The Bump
Posted: September 5th, 2010, 2:52pm EDT by laborprof lpb
Employment law has long seen various cases involving questions of horseplay, especially with regard to workers compensation liability (e.g., Cardozo's opinion in Leonbruno). Iowa's Supreme Court recently issued a decision in a horseplay case that will be good fodder for... -
August Unemployment Numbers
Posted: September 3rd, 2010, 3:19pm EDT by laborprof lpb
The Department of Labor has released its August employment numbers and things seem to be somewhat mixed. The unemployment rate moved up slightly to 9.6%, from 9.5%. Overall, there was a loss of 54,000 jobs, but that was driven mainly... -
Recently Published Scholarship
Posted: September 3rd, 2010, 2:24pm EDT by laborprof lpb
William R. Corbett, Babbling About Employment Discrimination Law: Does the Master Builder Understand the Blueprint for the Great Tower?, 12 U. Pa. J. Bus. L. 683 (2010). Ronald Turner, Annual Survey of Texas Law: Employment Law, 63 SMU L. Rev.... -
Recently Published Scholarship: BJELL
Posted: September 3rd, 2010, 1:27pm EDT by laborprof lpb
Berkeley Journal of Employment and Labor Law Volume 31, Number 1, Winter 2010 Articles Brishen Rogers, Toward Third-Party Liability for Wage Theft, p. 1. Roger C. Hartley, Freedom Not to Listen: A Constitutional Analysis of Compulsory Indoctrination Through Workplace Captive... -
Protection for Union "Shame On" Banners
Posted: September 2nd, 2010, 10:32pm EDT by laborprof lpb
In another case officially issued on Member Schaumber's last day on the NLRB, the Board has protected union banners that were alleged to be unlawful secondary pressure. In Eliason v. Knuth, at issue were some "Shame On" banners placed near... -
SALT Asks AALS to Honor SF Hilton Boycott
Posted: September 2nd, 2010, 4:17pm EDT by laborprof lpb
The Society of American Law Teachers (SALT) sent a letter yesterday to Susan Prager, executive director of the Association of American Law Schools, asking AALS to consider other options for its annual meeting scheduled in San Francisco this January. Here... -
NY Enacts Domestic Workers' Bill of Rights
Posted: September 2nd, 2010, 3:17pm EDT by laborprof lpb
On Tuesday, New York Governor Paterson signed the Domestic Workers' bill of rights into law. The new statute provides for overtime pay protections, guarantees time off eventually with pay, and provides protections from sexual harassment. It also provides a cause... -
Eleventh Circuit Rejects Coming to Rest Doctrine and Defines "Materials" for FLSA Cases
Posted: September 2nd, 2010, 2:58pm EDT by laborprof lpb
The Eleventh Circuit issued an important decision this week in six cases consolidated for appeal on the scope of enterprise coverage under the Fair Labor Standards Act in Polycarpe v. E & S Landscaping Serv., Inc. There was no dispute... -
Corporate Pension Deficits in the US Reach An Ominous Milestone
Posted: September 2nd, 2010, 10:59am EDT by laborprof lpb
The very fine Global Pensions site has an article today featuring a study by Mercer on the current deficits being run by Fortune 1500 company pensions: Pension plans of S&P1500 companies are shouldering deficits of a combined $506bn, the largest... -
Flip-Flopping, Donning-and-Doffing, and Deference
Posted: September 2nd, 2010, 9:27am EDT by laborprof lpb
Jeff posted Tuesday on the Obama NLRB, noting how shocked -- shocked! -- Member Schaumber is that the Obama Board is reversing Bush II Board precedent (which of course reversed Clinton Board precedent, which reversed Bush I / Reagan Board... -
Recently Published Scholarship: ABA JLEL
Posted: September 2nd, 2010, 9:01am EDT by laborprof lpb
ABA Journal of Labor & Employment Law Volume 25, Number 3 (Spring 2010) Articles: Christopher Hexter, Wesley Kennedy, Alexia Kulwiec, Peter Janus, Todd Sarver, and Steven Wheeless, Twenty-five Years of Developments in the Law under the National Labor Relations Act,... -
More NLRB Muscle Flexing
Posted: September 1st, 2010, 3:29pm EDT by laborprof lpb
This is round #2 of what will probably be several posts on notable NLRB decisions that are being officially issued as Member Schaumber's term expired. Here's today's installment: Int'l Assoc. of Machinists -- addressing whether union can require employees to... -
FLRA's Most Improved Award
Posted: September 1st, 2010, 1:02pm EDT by laborprof lpb
As we've noted, the FLRA has had major morale issues for quite some time, although things started looking up recently. Apparently the new efforts are working, as the FLRA was the most improved agency in the new best places to... -
The Obama NLRB Starts Flexing Its Muscles
Posted: August 31st, 2010, 12:35pm EDT by laborprof lpb
Some of the last cases in which Member Schaumber took part in are now coming out, and there's some interesting ones. Here are a few notables: UGL-UNNICO -- granting review of election decision as means to reconsider successor bar doctrine... -
Aspiring Law Professors Conference at Arizona State Law
Posted: August 30th, 2010, 3:00pm EDT by laborprof lpb
Zak Kramer (Arizona State) writes to tell us that Arizona State is once again hosting its Aspiring Law Professors Conference for fellows, VAPs, clerks, and other law professor hopefuls. Here are some detail from the conference flyer: Designed for Visiting... -
Coke Cancels Health Insurance of Striking Workers; Workers Bring ERISA Suit
Posted: August 30th, 2010, 12:53pm EDT by laborprof lpb
About 500 Coca-Cola employees went on strike last Monday over charges of employee surveillance, intimidation, and bad faith bargaining. A day later, Coke responded by cutting off the strikers' health care coverage. Coke's rationale, I assume, is that "benefits, like... -
Recently Published Scholarship
Posted: August 30th, 2010, 9:51am EDT by laborprof lpb
Meredith M. Render, Gender Rules, 22 Yale J. L. & Feminism 133 (2010). Michael G. Heyman, The Time Has Come for the United States to Ratify the Convention on the Elimination of All Forms of Discrimination Against Women, 9 Wash.... -
Head Scratcher
Posted: August 30th, 2010, 9:20am EDT by laborprof lpb
In a recent opinion out of the D.C. Circuit,Aliotta v. Bair, the court found inadequate the plaintiff’s statistical showing of age impact during a reduction in force by the FDIC. The plaintiffs argued both systemic disparate treatment and disparate impact,... -
Secunda Continues to Search for Pickering Rights
Posted: August 30th, 2010, 8:19am EDT by laborprof lpb
Our own Paul Secunda (Marquette) has consistently argued (see articles here and here) that the free-speech rights of public employees are being significantly eroded. In an article just posted on SSRN, Paul puts that argument into a broader constitutional perspective... -
A Kolben 2-Fer
Posted: August 30th, 2010, 8:06am EDT by laborprof lpb
Kevin Kolben (Rutgers Business School), one of the foremost authorities on the effect of labor provisions in trade agreements, has just posted on SSRN a pair of articles. The first is A Development Approach to Trade and Labor Regimes, forthcoming... -
Call for LEL Papers: Rutgers Law Record
Posted: August 29th, 2010, 9:48am EDT by laborprof lpb
The Rutgers Law Record is the Internet Journal of Rutgers School of Law - Newark. In connection with its goal of facilitating quick dissemination of the legal community's initial impressions of emerging legal issues, the Record publishes online symposiums on... -
Clark on Compound Discrimination Claims After Iqbal and Gross
Posted: August 27th, 2010, 9:35pm EDT by laborprof lpb
Brian Clarke (Washington & Lee) has just posted on SSRN his new article, "Grossly Restricted Pleading: How Twombly/Iqbal, Gross and the Assumption of Truth Rule Could Kill Compound Employment Discrimination Claim," which will appear in the Utah Law Review. The... -
Schaumber Leaves the NLRB
Posted: August 27th, 2010, 8:43pm EDT by laborprof lpb
Member (and former Chairman) Peter Schaumber's term on the NLRB expires today. According to the NLRB press release, Schaumber will take some time off before returning to work in some unknown (at least to the public) capacity. This means, of... -
Ninth Circuit Reverses Summary Judgment in Reasonable Accommodations Case
Posted: August 27th, 2010, 4:27pm EDT by laborprof lpb
As anyone who has read more than one or two ADA cases knows, the vast majority of litigation has focused on whether a person is a qualified individual with a disability--and more specifically, whether a major life activity is substantially... -
Unionization of Air Freight Ground Employees - NLRA or RLA?
Posted: August 27th, 2010, 11:37am EDT by laborprof lpb
Thanks to Mark Weber (DePaul) for bringing to my attention this interesting piece from PBS's Need to Know program on "The Ground War Between Federal Express and UPS." The article discusses a provision in pending airline legislation on the unionization... -
Why is the Public Suddenly So Down on Unions?
Posted: August 27th, 2010, 11:00am EDT by laborprof lpb
The Center for American Progress Action Fund's American Worker Project asks this question in an issue brief from this past month. Here's a taste: Americans have expressed generally positive attitudes toward unions for as long as pollsters have been asking,... -
On Choosing Clients
Posted: August 27th, 2010, 8:19am EDT by laborprof lpb
Michael Maslanka, an employment law defense attorney in Dallas, writes in Work Matters about choosing clients: The other night, I was having beers with a Houston plaintiff's lawyer who was in town for depositions. We talk about clients on whose... -
Pendo on GINA
Posted: August 27th, 2010, 8:03am EDT by laborprof lpb
Elizabeth Pendo (Saint Louis U.) has just posted on SSRN her article (forthcoming Houston J. Health L. & Policy) Race, Sex and Genes at Work: Uncovering the Lessons of Norman-Bloodsaw. Here's an excerpt from the abstract:... In its legislative findings...