Labor Law

Recent Issue of SSRN Abstracting Journal: Economic Perspectives on Employment & Labor Law

Workplace Prof Blog - 6 hours 50 min ago
The most recent issue of the SSRN abstracting journal, Economic Perspectives on Employment and Labor Law is out and includes another great article by friend of the blog, David Yamada. Here's the table of contents: Program Take-Up Among CalWORKs Leavers:...
Categories: Labor Law

Exhibit A: Federal Courts Don't Understand Labor Law

Workplace Prof Blog - 6 hours 54 min ago
My good friend, Rick Garnett (Notre Dame) has posted on Prawfsblawg an entry entited: The "Institutional" First Amendment. In the post, he discusses the Ninth Circuit's recent decision in McDermott v. Ampersand Publishing (9th Cir. March 11, 2009). The Central...
Categories: Labor Law

The 2010 Retirement Confidence Survey: Confidence Stabilizing, But Preparations Continue to Erode | EBRI

Workplace Prof Blog - March 11, 2010 - 1:43pm
20TH ANNUAL RCS: The 2010 Retirement Confidence Survey—the 20th annual wave of this survey—finds that the record-low confidence levels measured during the past two years of economic decline appear to have bottomed out. The percentage of workers very confident about...
Categories: Labor Law

Leong on Judicial Erasure of Mixed-Race Discrimination

Workplace Prof Blog - March 11, 2010 - 9:27am
Nancy Leong (starting at William & Mary Law this Fall) has just posted on SSRN her forthcoming piece in the American University Law Review: Judicial Erasure of Mixed-Race Discrimination. Here is the abstract: Jurisprudential remedies for racial discrimination presume the...
Categories: Labor Law

Wagner Competition Begins

Workplace Prof Blog - March 11, 2010 - 6:27am
Best of luck to all competing in New York Law School's 34th Annual Robert F. Wagner National Labor and Employment Law Moot Court Competition. The competition begins today. rb
Categories: Labor Law

Tucker & Fudge: There IS a Constitutional Right to Strike

Workplace Prof Blog - March 11, 2010 - 6:22am
Eric Tucker (York - Osgoode Hall) and Judy Fudge (Victoria) have just posted on SSRN their article (forthcoming Canadian Labour and Employment L.J.) The Freedom to Strike in Canada: A Brief Legal History. Here's the abstract: In the B.C. Health...
Categories: Labor Law

11th Circuit Orders Rehearing for another Sex Harassment Case

Workplace Prof Blog - March 10, 2010 - 1:44pm
You may remember that the Eleventh Circuit issued a somewhat surprising decision recently on rehearing in a sexual harassment case, (noted here). That case involved a workplace saturated with graphic discussions of sex and derogatory language about women, although the...
Categories: Labor Law

A Case of Ironic Discrimination, Don't You Think?

Workplace Prof Blog - March 9, 2010 - 4:12pm
Thanks to Randy Enochs for help with the title on this post and to Josh Pollack for bringing it to my attention. I think I will let the Milwaukee Journal Sentinel piece speak for itself: Johnny Kimble spent a career...
Categories: Labor Law

Secunda on the Story of Pickering

Workplace Prof Blog - March 9, 2010 - 6:15am
Our own Paul Secunda (Marquette) is at it again. After posting his most recent piece on the captive-audience speech issue, he's adding to his broad scholarship on public employees' free speech rights. The piece is "The Story of Pickering v....
Categories: Labor Law

Supreme Court Takes Public Employee Informational Privacy Case

Workplace Prof Blog - March 8, 2010 - 4:50pm
The United States Supreme Court granted cert today in the public employee privacy case of NASA v. Nelson, No. 09-530 (petition for cert here). The case will consider whether NASA, a federal agency, violated the informational privacy rights of employees,...
Categories: Labor Law

Paycheck Fairness Act up on Senate HELP Committee Agenda this Week

Workplace Prof Blog - March 8, 2010 - 8:22am
On this week's agenda for the Senate Health, Education, Labor, and Pensions Committee is a full committee hearing entitled, A Fair Share for All: Pay Equity in the New American Workplace. The hearing is scheduled for Thursday morning, at 10...
Categories: Labor Law

Reply Brief in New Process Steel

Workplace Prof Blog - March 6, 2010 - 6:52am
The employer's reply brief in New Process Steel has now been filed and you can click on the following link to Download New Process Reply Brief. You can get the opening brief here, and the NLRB's brief here. -JH
Categories: Labor Law

Unemployment Rate Unchanged

Workplace Prof Blog - March 6, 2010 - 6:41am
The Department of Labor released its February unemployment figures yesterday, and the rate remained unchanged from the previous month at 9.7%. There were still 36,000 job losses in February, but that was a big improvement from the previous year's 650,000...
Categories: Labor Law

WARNS Institute June 24-25 at Louisville

Workplace Prof Blog - March 6, 2010 - 6:19am
Ariana Levinson (Louisville) sends us a hold-the-date note for the annual Warns Institute. The 27th Annual Warns Labor & Employment Law Institute will be held on June 24 and June 25 at the Galt House in Louisville, KY. William Gould...
Categories: Labor Law

South Dakota Ballot Initiative Would Preempt EFCA

Workplace Prof Blog - March 6, 2010 - 6:10am
Dennis Nolan sends along news that both houses of the North Dakota Legislature have approved a ballot initiative that, if approved by voters in November of this year, would require secret-ballot voting in union elections. The bill ostensibly would preempt...
Categories: Labor Law

Garden on Union Campaigns as Constitutionally Protected Speech

Workplace Prof Blog - March 6, 2010 - 5:52am
Charlotte Garden (Georgetown) has just posted on SSRN her article Labor Values are First Amendment Values: Why Union Comprehensive Campaigns are Protected Speech. Charlotte presented this article at the Seton Hall Labor and Employment Scholars Forum in January. Here's the...
Categories: Labor Law

Women in the International Labor Market

Workplace Prof Blog - March 5, 2010 - 2:03pm
The LERA Listserv, through the Cornell Institute of Workplace Studies (IWS) brings to my attention a new report from the International Labour Organization (ILO) on: Women in labour markets: Measuring progress and identifying challenges [5 March 2010].According to the IWS:...
Categories: Labor Law

Secunda on Captive Audience Meetings

Workplace Prof Blog - March 5, 2010 - 6:04am
Paul Secunda (Marquette) has just posted on SSRN his article The Contemporary "Fist Inside the Velvet Glove": Employer Captive Audience Meetings Under the NLRA. The article is for the Florida International University Law Review symposium Whither the Board? The National...
Categories: Labor Law

Adding Value(s) to Employee Handbooks

Workplace Prof Blog - March 4, 2010 - 6:30am
Michael Maslanka, over at Work Matters, explains that workplace cultures of the future will focus on autonomy and not rules. My modest suggestion for improving employee handbooks: Explain why a rule or policy is in the handbook and incorporate company...
Categories: Labor Law

BLS to Eliminate Labor Comparisons Program

Workplace Prof Blog - March 4, 2010 - 6:20am
Al Goldman passes along this news from the Washington Post that the Obama Administration is planning to eliminate the International Labor Comparisons program which, according to the article, may be the most reliable source for international comparative data respecting such...
Categories: Labor Law
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