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Items by laborprof lpb
Labor Prof
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Medill Casebook Supplement Updated to Include Health Care Reform Legislation
Posted: July 26th, 2010, 11:07am EDT by laborprof lpb
Colleen Medill (Nebraska) writes to let us know that the 2010 supplement to her excellent casebook, Introduction to Employee Benefits Law: Policy and Practice (2d ed.) will be updated to include recent legislation. She writes: I've received a number of... -
Racial Preferences for Caregivers
Posted: July 24th, 2010, 8:26am EDT by laborprof lpb
The Seventh Circuit's recent decision in Chaney v. Plainfield Healthcare Ctr., 2010 U.S. App. LEXIS 14804 (7th Cir. July 20, 2010), is fascinating on a number of levels. The most obvious is the question of whether a patient in a... -
Barry on Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights
Posted: July 23rd, 2010, 2:43pm EDT by laborprof lpb
Kevin Barry (Quinnipiac Law) has posted on SSRN his forthcoming article in the Berkeley Journal of Employment and Labor Law: Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights,Here is the abstract: The... -
NLRB Wins Combined-Unit Case
Posted: July 23rd, 2010, 11:27am EDT by laborprof lpb
The D.C. Circuit has just held, in NLRB v. FLRA, that the FLRA improperly granted the NLRBU's request to combine its Board- and General Counsel-side units. I haven't had time for more that a glance at the opinion, but the... -
There's Still Time to Register
Posted: July 23rd, 2010, 10:38am EDT by laborprof lpb
I've gotten a few semi-panicked phone calls in the past few days, so I thought I'd send out this reassurance and general reminder. Although the Fifth Annual Colloquium on Recent Labor and Employment Law Scholarship in St. Louis is just... -
Secunda Reviews Estlund on Workplace Governance
Posted: July 22nd, 2010, 10:34pm EDT by laborprof lpb
Paul yesterday [two days ago? The time difference is messing with my head!] posted on Cindy Estlund's Return to Governance chapter in the Oxford Handbook of Governance. Paul noted that chapter is part and parcel of a larger project Cindy... -
Waiving Arbitration
Posted: July 22nd, 2010, 7:27am EDT by laborprof lpb
Numerous Supreme Court decisions make clear that mandatory arbitration will continue to be the norm in many employment settings. That makes even more important the question of waiver of the right to arbitrate, especially implied waiver by conduct. A few... -
NLRB Inspector General Backs Becker's Recusal Decisions
Posted: July 22nd, 2010, 1:10am EDT by laborprof lpb
As we noted earlier, new NLRB Member Craig Becker had rejected several motions to recuse himself. This spurred Republican Rep. Issa to ask for the NLRB Inspector General to review Becker's participation in a similar case. The IG's report is... -
Estlund on A Return to Governance in the Law of the Workplace (and the Question of Worker Participation)
Posted: July 21st, 2010, 1:18pm EDT by laborprof lpb
Cynthia L. Estlund (NYU Law) has posted a new piece entitled: Return to Governance in the Law of the Workplace (and the Question of Worker Participation). It will appear in the OXFORD HANDBOOK OF GOVERNANCE, David Levi-Faur, ed., Oxford University... -
Ee Wins $1M in Sexual Orientation Discrimination Suit
Posted: July 20th, 2010, 9:42pm EDT by laborprof lpb
The Portland Press Herald (Maine) reports that jury has awarded a local man more than $1 million in damages in his refusal-to-promote sexual orientation discrimination lawsuit. Apparently, all the managers in a particular department of Express Jet Airlines were gay... -
Arthurs on the Globalization of Labor Law
Posted: July 20th, 2010, 9:20pm EDT by laborprof lpb
Harry W. Arthurs (York - Osgoode Hall) has just posted on SSRN his article (forthcoming Stanford Law & Policy Review) Extraterritoriality by Other Means: How Labor Law Sneaks Across Borders, Conquers Minds, and Controls Workplaces Abroad. Here's the abstract:This Article... -
McLain: Evidentiary Issues in Employment Discrimination Cases
Posted: July 20th, 2010, 9:06pm EDT by laborprof lpb
Lynn McLain (Baltimore) has just posted on SSRN her paper Selected Salient Evidentiary Issues in Employment Discrimination Cases. Here's the abstract:This short paper was prepared as a handout for a presentation given for the ALI-ABA and Georgetown CLS, at Georgetown... -
RFOA
Posted: July 20th, 2010, 8:55am EDT by laborprof lpb
Poring over comments on a proposed EEOC rule might not seem like the best way to spend a summer vacation, but, fortunately, I have research assistants who actually seem to like this kind of thing. The proposed rule in question... -
California Moscone Act Declared Unconstitutional
Posted: July 20th, 2010, 1:00am EDT by laborprof lpb
The California Court of Appeals (Third District) just issued a case that could be somewhat of a blockbuster if it holds up under appeal. In Ralphs Grocery v. UFCW, the court held that the Moscone Act and a related statute... -
Arbitrating LEL Disputes in Cambodia
Posted: July 19th, 2010, 11:32pm EDT by laborprof lpb
I just returned to Kuala Lumpur, Malaysia from three days in Phnom Penh, Cambodia, where I spoke at Pannasastra University and met with folks at the Arbitration Council Foundation. Folks at the Arbitration Council there are exploring the option of... -
Recently Published Scholarship: ABA JLEL (formerly "The Labor Lawyer")
Posted: July 19th, 2010, 11:15pm EDT by laborprof lpb
ABA Journal of Labor & Employment Law Volume 25, Number 2 (2010) Articles: Kenneth G. Dau-Schmidt & Todd Dvorak, Review of Labor and Employment Decisions from the United States Supreme Court's 2008-2009 Term, p.107. Brendan D. Cummins and Nicole M.... -
Recently Published Scholarship: Hofstra LELJ
Posted: July 19th, 2010, 11:08pm EDT by laborprof lpb
Hofstra Labor & Employment Law Journal Volume 27, Number 2 (2010) Articles Roger B. Jacobs, Supreme Court Tips Against Individual Rights--Again, p. 267. Charles B. Craver, The National Labor Relations Act at 75: In Need of a Heart Transplant, p.... -
Against Anti-Bullying Legislation
Posted: July 19th, 2010, 10:34pm EDT by laborprof lpb
Michael Fox makes the argument against anti-bullying legislation at Jottings by an Employer's Lawyer. rb -
Recently Published Scholarship: Combatting Human Trafficking
Posted: July 19th, 2010, 10:29pm EDT by laborprof lpb
University of Pennsylvania Law Review Volume 158, Number 6 (2010) Denise Brennan, Key Issues in the Resettlement of Formerly Trafficked Persons in the United States, p. 1581. Jennifer M. Chacon, Tensions and Trade-offs: Protecting Trafficking Victims in the Era of... -
A Work Stoppage We Can All Support
Posted: July 19th, 2010, 1:34pm EDT by laborprof lpb
Word is that the stars of MTV's hit show, Jersey Shore, may be on strike (this is the first, and hopefully only, time I've ever linked to TMZ). The motive, as usual, is money and the failure of the parties... -
The Limits of Tenure?
Posted: July 16th, 2010, 12:20pm EDT by laborprof lpb
The Chronicle of Education has a story on a dispute between the University of Alabama, Birmingham and one of its tenured professors, Glenn Feldman. The very short version of Feldman's allegations is that his new Dean was pro-business and did... -
Novartis Sex Discrimination Class Action Ends in $175 Million Settlement
Posted: July 16th, 2010, 10:29am EDT by laborprof lpb
Female sales representatives at Novartis have agreed to accept $175 Million to settle their sex discrimination class action in the case of Velez v. Novartis Pharmaceuticals Corp., No. 04-9194 (S.D.N.Y. July 14, 2010). The district judge granted preliminary approval of... -
Ministerial Exception Given Expansive Reading by 10th Circuit
Posted: July 16th, 2010, 10:15am EDT by laborprof lpb
A recent article by Tresa Baldas in the National Law Journal discusses an opinion by the 10th Circuit, Skrzypczak v. Roman Catholic Diocese of Tulsa Inc., which found a church immune from employment suit under the ministerial doctrine.According to the... -
Brown on Chinese Labor Law Reforms
Posted: July 15th, 2010, 8:38pm EDT by laborprof lpb
Ron Brown (Hawaii) has a fascinating commentary entitled, Reform for the Benefit of Workers, in the July 14, 2010 edition of the China Daily. Here's a taste: It appears the All-China Federation of Trade Unions (ACFTU) is unable or unwilling... -
Whistleblower Law Blog on Dodd-Frank Bill's Robust Whistleblower Protections
Posted: July 15th, 2010, 4:40pm EDT by laborprof lpb
Thanks to Jason Zuckerman at the Whistleblower Law Blog for heads up on this informative post: Dodd-Frank Bill Provides Robust Whistleblower Protections. Here's a taste:Recognizing that robust whistleblower protection is critical to preventing another financial crisis, Congress included in the... -
Fifth Annual Seton Hall Employment & Labor Law Scholars' Forum
Posted: July 14th, 2010, 1:15pm EDT by laborprof lpb
Seton Hall is pleased to announce the line-up for its fifth annual Employment & Labor Law Scholars' Forum to be held on October 22-23. This year’s Forum will feature five presenters: Paths to Power: Labor Law, Union Density, and the... -
Changes in the Chinese Labor Market
Posted: July 14th, 2010, 11:30am EDT by laborprof lpb
The New York Times has an article on recent changes in the Chinese labor market, which is putting a lot more power in employees' hands (at least relative to where it has been). The main story line is that a... -
Google & Gays
Posted: July 13th, 2010, 10:39am EDT by laborprof lpb
There's been considerable coverage of the new Google policy of “grossing up” the pay of gay employees with domestic partners in order to compensate for the adverse tax consequences of current federal law. When fringe benefits such as health insurance... -
Update on DOMA Case
Posted: July 9th, 2010, 4:01pm EDT by laborprof lpb
As Art Leonard (NYLS) kindly pointed out in the comments to my prior post, the DOMA challenge was actually two cases, one premised on the Tenth Amendment (and the Spending Clause) and the other brought by two individuals alleging that... -
NLRB Ratifies Delegation to GC
Posted: July 9th, 2010, 1:37pm EDT by laborprof lpb
As we noted in our post on New Process, the Supreme Court (in what will hopefully not be a famous footnote 4) raised, but did not answer, the question whether a two-member NLRB delegation of litigation authority to the General...