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Labor Law Journal articles

149 total articles

Journal publishes articles on labor law, labor-management relations and labor economy, including news developments in equal employment opportunity, job safety and health, and employment and training.

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Recently added articles from Labor Law Journal:

FROM THE EDITOR

Dec 01, 2008; ... Dear Reader: Our most recent election was one of the most intense of the last forty yearsThe hard fought, lengthy primary season led direttly into a pitched battle for the general election. The temptation for many will be to say, like Roberto Duran,"no mas" to further political news and ...

WHO'S WHO IN LABOR

Dec 01, 2008; ... The United Steelworkers (USW) has announced the appointment of veteran labor attorney Richard J. Brean as the union's General Counsel. Brean, 60, of Pittsburgh, succeeds General Counsel Paul Whitehead. Brean, previously Senior Associate General Counsel, will be responsible for the legal affairs ...

THE ADA AMENDMENTS ACT OF 2008

Dec 01, 2008; ... Introduction The most significant Americans with Disabilities Act ("ADA") legislation since 1990 was signed into law on September 25, 2008 by President George W. Bush. The ADA Amendments Act of 2008 amends the ADA in ways which will have sweeping effects on businesses and employers, as ...

CORPORATE LIABILITY EXPOSURE AND THE POTENTIAL RISK OF INDIVIDUAL DIRECTOR LIABILITY RESULTING FROM EMPLOYMENT-RELATED DECISIONS: AN ANALYSIS OF RECENT CASE LAW AND RECOMMENDATIONS ON CORPORATE GOVERNANCE

Dec 01, 2008; ... During the past decade, there has been a virtual explosion of litigation against corporate directors for both public and privately held companies, focusing on directors breaching their duty of care. Allegations of corporate waste, squandering money, misappropriating property, or frivolous ...

THE SUPREME COURT BROADENS THE EXPANSION OF RETALIATION CLAIMS: CBOCS WEST, INC. V. HUMPHRIES AND GOMEZ-PEREZ V. POTTER

Dec 01, 2008; ... Introduction It has been two years since the Supreme Court's decision in Burlington Northern & Santa Fe Railway v. White.1 In White, the Court adopted a lower threshold for Title VII retaliation claims than that which it applied to discrimination claims when it held: 1) Title VIFs ...

FAMILY-BUILDING THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY: PROTECTION UNDER THE PREGNANCY DISCRIMINATION ACT FOR EMPLOYEES ON THE ROAD TO PARENTHOOD

Dec 01, 2008; ... I. Introduction In recent years, the public has become aware that families can be built through a myriad of different avenues. Media attention to the high-profile pregnancies of celebrities such as Celine Dion, Courteney Cox Arquette, and Jennifer Lopez have brought family-building ...

FROM THE EDITOR

Oct 01, 2008; ... Dear Reader: "A change is gonna come," sang Sam Cooke, and the next several months will surely bear out the prescience of this 40-year-old lyric. As discussed in the Summer, 2008 issue, during the Bush Administration, the National Labor Relations Board has become overly ...

WHO'S WHO IN LABOR

Oct 01, 2008; ... National Labor Relations Board General Counsel Ronald Meisburg has announced the appointment of Mori Rubin to serve as Deputy Regional Attorney of the Agency's Regional Office in Los Angeles, CA (Region 31). In her new position, she will assist Regional Director James McDermott in the ...

EMPLOYEE AGREEMENTS FOR REPAYMENT OF TRAINING COSTS: THE EMERGING CASE LAW

Oct 01, 2008; ... Agreements requiring employees to repay training costs to their employers, if fhey separate from employment before a specified period, have become increasingly familiar in the American workplace. This practice was first addressed in this journal over fifteen years ago, together with a prediction ...

A NEW DAY DAWNING OR DARK CLOUDS ON THE HORIZON? THE POTENTIAL IMPACT OF THE PYETT CASE

Oct 01, 2008; ... More than three decades after the Supreme Court's decision in Alexander v. GardnerDenver1 erected a solid barrier between labor arbitration and the litigation of individual statutory discrimination claims by unionized workers, the justices will consider a case that effectively asks them to tear ...

WHO'S THE BOSS? SUPERVISORS, PROFESSIONALS, INDEPENDENT JUDGMENT, AND THE NLRA: A POST-OAKWOOD HEALTHCARE REVIEW

Oct 01, 2008; ... I. Introduction Justice Douglas famously and prescientiy wrote in Packard Motor Car Co v. NLRB, "if [supervisors] are 'employees' within the meaning of the National Labor Relations Act so are vice-presidents, managers, assistant managers, superintendents, assistant ...

UNION ORGANIZING TRENDS AND THE QUESTION OF POST-INDUSTRIAL UNIONISM IN THE EARLY 21ST CENTURY

Oct 01, 2008; ... In an earlier article1 appearing in the Labor Law Journal in 1994, I created a typology of organizing trends for clarifying the changing scope of union organizing based on Chaison and Dhavale's study2 which investigated the transformation of union organizing from 1973-75 (the base period) to ...

House Passes Senate's Version Of The ADA Amendments Act

Oct 01, 2008; ... Under suspension of the rules, the House of Representatives passed the ADA [Americans with Disabilities] Amendments Act (S. 3406) on September 17, 2008. The proposed legislation amends the ADA, die nation's first comprehensive civil rights law prohibiting disainination individuals with ...