Labor and Employment Law News - March 2011

Labor and the Law: News and Current Events from the
LERA Section on Labor and Employment Law (LEL)
© 2011

March 2011
Labor and Employment Law News

The full text of many cases is now available free on-line. Where that is the case, links are provided.

The Duty to Bargain Over Employer Decisions to Subcontract Work

            The National Labor Relations Act requires that employers bargain in good faith about wages, hours, and terms and conditions of employment with the representative of its employees. Wages, hours, and terms and conditions of employment are referred to as “mandatory subjects of bargaining”. Among other things, the employer’s duty to bargain includes not making unilateral changes as to mandatory subjects of bargaining. A recent 2-1 decision by the National Labor Relations Board provides a good overview of how the duty to bargain applies to a decision to subcontract work.  The decision also gives an overview of key Supreme Court cases on the bargaining obligation. O.G.S. Technologies, Inc., 356 NLRB No.92 (Feb. 11, 2011) http://mynlrb.nlrb.gov/link/document.aspx/09031d458044b496

            In this case, the employer’s decision to subcontract bargaining unit work without bargaining was found to violate the NLRA. The dissent, however, took the position that the decision did not concern wages, hours, or terms and conditions of work. Rather, the dissenter argued, the decision to subcontract work here was a core entrepreneurial decision over which the employer had no duty to bargain. As a result, he said, the employer’s only duty was to bargain about the effects on the employees of the decision to subcontract their work. This case shows how important details and facts are to applying the law.

            The remedy for making unilateral changes failing without bargaining includes requiring the employer to restore the status quo before it illegally subcontracted the work, provide the union with notice and an opportunity to bargain as to any future proposed changes and their effects, offer wrongfully laid off employees reinstatement to their former positions, and make laid off employees whole for any loss of wages and benefits suffered because of the wrongful layoff, with interest.

            This case experienced a great deal of delay, including a couple years of delay during the time when the Board had only two members. As a result, by the time this decision was issued, ten years of backpay and interest had accrued.

NLRA Prohibitions on Unilateral Changes

            Another aspect of the employer’s obligation not to make unilateral changes concerning “mandatory subjects of bargaining” is also presented in a second NLRB case. In this case, a resort unilaterally ended free parking for union representatives who came to the resort to deal with employment issues. The Board held, “It is clear under established principles of our jurisprudence, that once employees select a representative, representation is a condition of employment that cannot be unilaterally altered.” The Board explained that an employer that makes “unilateral changes that impair a representative’s ability to represent employees effectively, or that impair employees’ ability to effectively support their representative” violates Section 8(a)(5). Just to be clear, a union’s representation status is a statutory right. The rights in this case were the terms agreed to by the parties that affected the union’s access to the employees it represented while they were on their employer’s premises. Oaktree Capital Management, 355 NLRB No. 207 (Sept. 30, 2010)

            The Board’s decision upheld the NLRB administrative law judge's “finding that the change was material, substantial, and significant when considered in the context of the Respondents’ other unlawful conduct aimed at impeding the access of employees to their union representatives.” It noted that “permitting access by union representatives is no less a condition of employment – which may not be unilaterally changed– than a policy permitting access by members of employees' families, and a program permitting direct deposit of union dues is no less a condition of employment than a program permitting direct deposit into bank accounts or to pay other bills.” The employer was ordered to revoke the change in the policy, restore the former policy, and make the union whole for extra parking costs, with interest, that resulted from the unlawful change.

Email on Company Computers and Privacy Rights

            The prudent employee should assume that there are no privacy rights at work. That includes sending emails, talking on the phone, and accessing Facebook and other social media. The recent case in which the NLRB found that discussing working conditions via Facebook was protected activity may suggest otherwise, but that case was brought under the NLRA. That employee’s legal protections came from engaging in conduct (discussing working conditions with other employees) that is protected by the National Labor Relations Act.

            A recent California case is a good example of the lack of protections for privacy rights in the workplace. In that case, an employee sent an email to her attorney from a work computer, and the company intercepted the email. There might have been an attorney-client privilege that would have protected confidential communications. However, a client loses the attorney-client privilege when the client does not keep the communication confidential. In this case, using the employer’s email system was not a means of communicating that was confidential. As a result, the privilege was lost. Holmes v. Petrovich Development Company, Case No.C059133 (Cal. Ct. App. Jan. 13, 2011). http://www.courtinfo.ca.gov/opinions/documents/C059133.PDF

Web Links

Government Accountability Office, Medicare: Private Sector Initiatives to Bundle Hospital and Physician Payments for an Episode of Care    GAO-11-126R, Jan 31, 2011 http://www.gao.gov/new.items/d11126r.pdf

Government Accountability Office, Medicare: Program Remains at High Risk Because of Continuing Management Challenges  GAO-11-430T, Mar 2, 2011 http://www.gao.gov/new.items/d11430t.pdf

Government Accountability Office, U.S. Postal Service: Modernization and Restructuring Needed to Address Financial Challenges  GAO-11-428T, Mar 2, 2011 http://www.gao.gov/new.items/d11428t.pdf

Government Accountability Office, Surface Freight Transportation: A Comparison of the Costs of Road, Rail, and Waterways Freight Shipments That Are Not Passed on to Consumers GAO-11-134 January 26, 2011 http://www.gao.gov/new.items/d11134.pdf

Government Accountability Office, Medicare Advantage: Comparison of Plan Bids to Fee-for-Service Spending by Plan and Market Characteristics   GAO-11-247R, Feb 4, 2011 http://www.gao.gov/new.items/d11247r.pdf

Government Accountability Office, Multiple Employment and Training Programs: Providing Information on Colocating Services and Consolidating Administrative Structures Could Promote Efficiencies  GAO-11-92, Jan 13, 2011 http://www.gao.gov/new.items/d1192.pdf

Government Accountability Office, Medicaid and CHIP: Given the Association between Parent and Child Insurance Status, New Expansions May Benefit Families  GAO-11-264, Feb 4, 2011 http://www.gao.gov/new.items/d11264.pdf

Government Accountability Office, GAO's 2011 High Risk Series: An Update   GAO-11-394T, Feb 17, 2011 http://www.gao.gov/new.items/d11394t.pdf

Government Accountability Office,  Federal Workforce: Practices to Increase the Employment of Individuals with Disabilities  GAO-11-351T, Feb 16, 2011 http://www.gao.gov/new.items/d11351t.pdf

Kathy Ruffing & Paul N. Van de Water, Bowles-Simpson Social Security Proposal Not a Good Starting Point for Reforms - Relies Far Too Much on Benefit Cuts, Makes Other Problematic Changes, Center for Budget and Policy Priorities, February 17, 2011 http://www.cbpp.org/cms/index.cfm?fa=view&id=3402

Congressional Budget Office, Changes in the Distribution of Workers’ Hourly Wages Between 1979 and 2009, February 2011 http://www.cbo.gov/ftpdocs/120xx/doc12051/02-16-WageDispersion.pdf

Congressional Budget Office, Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output from October 2010 Through December 2010, February 23, 2011 http://www.cbo.gov/doc.cfm?index=12074

Congressional Budget Office, CBO's Projections of Federal Receipts and Expenditures in the Framework of the National Income and Product Accounts, February 23, 2011  http://www.cbo.gov/doc.cfm?index=12073

Congressional Budget Office, Migrants' Remittances and Related Economic Flows, February 24, 2011 http://www.cbo.gov/doc.cfm?index=12053

Congressional Budget Office, Changes in the Distribution of Workers’ Hourly Wages Between 1979 and 2009, February 2011 http://www.cbo.gov/ftpdocs/120xx/doc12051/02-16-WageDispersion.pdf

Congressional Budget Office, Cost Estimate for H.R. 2, Repealing the Job-Killing Health Care Law Act, February 18, 2011 http://www.cbo.gov/ftpdocs/120xx/doc12069/hr2.pdf

NLRB General Counsel Memorandum, GC 11-06 First Contract Bargaining Cases, February 18, 2011

http://mynlrb.nlrb.gov/link/document.aspx/09031d4580446db6

NLRB General Counsel Memorandum, GC 11-05 Guideline Memorandum Concerning Derferral to Arbitral Awards and Grievance Settlements, January 20, 2011 http://mynlrb.nlrb.gov/link/document.aspx/09031d458043b761

NLRB Operations Management, OM 11-33(NxGen), Language Changes in Instructions for Electronically Filing Documents, February 24, 2011 http://mynlrb.nlrb.gov/link/document.aspx/09031d45804501b4

NLRB Operations Management, OM 11-32(CH), Revisions to Unfair Labor Practice Casehandling Manual,

February 18, 2011  http://mynlrb.nlrb.gov/link/document.aspx/09031d4580446db8

Center for Budget and Policy Priorities, State Unemployment Insurance Systems Need Major Reforms to Avoid Employer Tax Increases, Deep Benefit Cuts for Jobless Workers, Center for Budget and Policy Priorities, February 9, 2011 http://www.cbpp.org/cms/index.cfm?fa=view&id=3396

U.S. Department of Labor e-Laws Advisor  http://www.dol.gov/elaws/

Health Insurance Premiums: Past High Costs Will Become the Present and Future Without Health Reform, January 28, 2011 http://www.healthcare.gov/center/reports/premiums01282011a.pdf

U.S. Department of Labor, Bureau of Labor Statistics, Occupational Employment Statistics (OES) Highlights: An Occupational Comparison of Private and State Colleges and Universities, January 2011 http://www.bls.gov/oes/highlight_college.pdf

Amy Bierer, House Work: Jobs in Residential Upkeep, [BLS] Occupational Outlook Quarterly, Winter 2010-11 http://www.bls.gov/opub/ooq/2010/winter/art03.htm

BLS, Union Members — 2010, January 21, 2011 http://www.bls.gov/news.release/pdf/union2.pdf

DHS and the Department of State Establish Annotated B-1 Visa for Foreign Maritime Workers Applying for the Transportation Worker Identification Credential Program,  February 9, 2011 http://www.dhs.gov/ynews/releases/pr_1297280840745.shtm

TSA Administrator Pistole’s Decision on Collective Bargaining, Fact Sheet. February 4, 2011 http://www.tsa.gov/press/happenings/2011/11_0204_fact_sheet_on_collectiv...

TSA, Determination on Transportation Security Officers and Collective Bargaining, Feb. 4, 2011

http://www.tsa.gov/assets/pdf/determination_tso_and_collective_bargainin...

John J. Fitzpatrick, Jr., James L. Perine, Bridget Dutton, and Kenneth Floyd, State labor legislation enacted in 2010, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art1full.pdf

Loryn Lancaster, Changes in Federal and State unemployment insurance legislation in 2010, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art2full.pdf

Susan Fleck, John Glaser, and Shawn Sprague, The compensation-productivity gap: A visual essay, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art3full.pdf

Mine Safety and Health Administration, Proposed Rulemaking:, 1219-AB73 — Pattern of Violations — Proposed Rule Stage http://www.dol.gov/msha/regs/unifiedagenda/fall2010/1219-AB73.htm

Mine Safety and Health Administration, Proposed Rulemaking:,1219-AB65 — Proximity Detection Systems for Underground Mines — Final Rule Stage http://www.dol.gov/msha/regs/unifiedagenda/fall2010/1219-AB65.htm

Mine Safety and Health Administration, Prosed Rulemaking,1219-AB75 — Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards — Proposed Rule Stage http://www.dol.gov/msha/regs/unifiedagenda/fall2010/1219-AB75.htm

The State of Working America, When Income Grows, Who Gains?

http://www.stateofworkingamerica.org/pages/interactive#/?start=2007&end=...

Executive Order -- The President's Council on Jobs and Competitiveness http://www.whitehouse.gov/the-press-office/2011/01/31/executive-order-pr...

Lynn Quincy, Making Health Insurance Cost-Sharing Clear to Consumers: Challenges in Implementing Health Reform’s Insurance Disclosure Requirements, Consumers Union, February 2011

http://www.commonwealthfund.org/~/media/Files/Publications/Issue%20Brief...

National Gay and Lesbian Task Force, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey Executive Summary http://www.thetaskforce.org/downloads/reports/reports/ntds_summary.pdf

Tom Angotti, Brian Paul, Tom Gray & Dom Williams, Wal-Mart’s Economic Footprint: A Literature Review Prepared by Hunter College Center for Community Planning & Development and New York City Public Advocate, January 10, 2010 http://pubadvocate.nyc.gov/files/Walmart.pdf

Bureau of Labor Statistics, Occupational Employment Statistics (OES) Highlights: An Occupational Comparison of Private and State Colleges and Universities January 2011 http://www.bls.gov/oes/highlight_college.pdf

http://www.bls.gov/oes/highlight_college.htm

John J. Fitzpatrick, Jr., James L. Perine, Bridget Dutton, and Kenneth Floyd, State labor legislation enacted in 2010, Bureau of Labor Statistics, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art1full.pdf

Loryn Lancaster, Changes in Federal and State unemployment insurance legislation in 2010, Bureau of Labor Statistics, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art2full.pdf

Susan Fleck, John Glaser, and Shawn Sprague,  The compensation-productivity gap: a visual essay, Bureau of Labor Statistics, Monthly Labor Review, January 2011 http://www.bls.gov/opub/mlr/2011/01/art3full.pdf

Elka Maria Torpey, Working vacations: Jobs in tourism and leisure, Bureau of Labor Statistics, Occupational Outlook Quarterly http://www.bls.gov/opub/ooq/2010/winter/art01.htm

Drew Liming and James Hamilton, Careers in wind energy, Bureau of Labor Statistics, Occupational Outlook Quarterly http://www.bls.gov/opub/ooq/2010/winter/art02.htm

Amy Bierer, House work: Jobs in residential upkeep, Bureau of Labor Statistics, Occupational Outlook Quarterly  http://www.bls.gov/opub/ooq/2010/winter/art03.htm

Robert Drago & Vicky Lovell, San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees, Institute for Women’s Policy Research (February 2011) http://www.iwpr.org/publications/pubs/this-study-examines-the-effects-of...

Heidi Hartmann, Jeff Hayes & Robert Drago,  Social Security: Especially Vital to Women and People of Color, Men Increasingly Reliant, Institute for Women’s Policy Research (January 2011) http://www.iwpr.org/publications/pubs/social-security-especially-vital-t...

Claudia Williams, Robert Drago & Kevin Miller,  44 Million U.S. Workers Lacked Paid Sick Days in 2010: 77 Percent of Food Service Workers Lacked Access Institute for Women’s Policy Research (January 2011)

http://www.iwpr.org/publications/recent-publications/free-download-butto...

Robert Drago, Jeffrey Hayes, & Youngmin Yi, Better Health for Mothers and Children: Breastfeeding Accommodations under the Affordable Care Act, Institute for Women’s Policy Research (December 2010)

http://www.iwpr.org/publications/pubs/better-health-for-mothers-and-chil...

Employee Benefit Research Institute, A Post-Crisis Assessment of Retirement Income Adequacy for Baby Boomers and Gen Xers, EBRI Issue Brief #354, February 2011 http://www.ebri.org/pdf/briefspdf/EBRI_02-2011_No354_Post-Crisis_Ret-Inc...

Employee Benefit Research Institute,  Higher Percentage of Older Workers in the Work force in 2010, #913 February 17, 2011 http://www.ebri.org/pdf/PR913%2017Feb11%20LbrFrcPar1.pdf

Employee Benefit Research Institute, Women, Young People More Inclined to Seek Objective Health Care Information to Save Costs, Ensure Quality #912, February 15, 2011 http://www.ebri.org/pdf/PR912.15Feb11.HCS.pdf

National Employment Law Project, A Year of Unbalanced Growth: Industries, Wages, and the First 12 Months After the Great Recession (February 23, 2011) http://www.nelp.org/page/-/Justice/2011/UnbalancedGrowthFeb2011.pdf?nocdn=1

Jeffrey Keefe, Are Wisconsin Public Employees Over-Compensated? Feb 20, 2011 http://epi.3cdn.net/9e237c56096a8e4904_rkm6b9hn1.pdf

Recent Labor and Employment Law Articles

Rachel Arnow-Richman, Just Notice: Re-reforming Employment at Will, 58 UCLA L. Rev. 1 (2010)

James Backman, Law School Externships: Reevaluating Compensation Policies to Permit Paid Externships, 17 Clinical L. Rev. 21 (2010)

Cynthia Baker & Robert Lancaster Under Pressure: Rethinking Externships in a Bleak Economy, 17 Clinical L. Rev. 71 (2010)

Anna Blackburne-Rigsby, Black Women Judges: The Historical Journey of Black Women to the Nation's Highest Courts, 53 How. L.J. 645 (2010)

Cicero Brabham, Note: Curiouser and Curiouser: Are Employers the Modern Day Alice in Wonderland? Closing the Ambiguity in Federal Privacy Law as Employers Cyber-Snoop Beyond the Workplace, 62 Rutgers L. Rev. 993 (2010)

Victor Broccoli, Comment: Williams v. NFL: The Eighth Circuit Flags the NFL for Interference with State Drug Testing Laws, 17 Sports Law. J. 283 (2010)

Roy Brooks, The Crisis of the Black Politician in the Age of Obama, 53 How. L.J. 699 (2010)

Edward Brown, Note: Not a Tecom Party: There's "Very Little Likelihood" Geren v. Tecom Will Promote Sound Government Contracting Practices, 18 Geo. Mason L. Rev. 193 (2010)

Howard Brown & Raymond Austin, The Twenty-Fifth Anniversary of the Navajo Preference in Employment Act: A Quarter-Century of Evolution, Interpretation, and Application of the Navajo Nation's Employment Preference Laws, 40 N.M. L. Rev. 17 (2010)

Meridel Bulle-Vu, Note: Statistical Intent: A Post-Sandoval Litigation Strategy for Title VI 'Impact' Cases, 17 Geo. J. on Poverty L. & Pol'y 461 (2010)

Bradley Bultman, Comment: Drafted Player Compensation: Incorrectly Hidden in the Afternoon Shadow of the Nonstatutory Labor Exemption, 11 Fla. Coastal L. Rev. 687 (2010)

Eunice Cho, Note: Whose Borders? Regulating Migration Across Local and National Boundaries, 6 Stan. J. C.R. & C.L. 165 (2010)

Carl Circo, An Educational Partnership Model for Establishing, Structuring, and Implementing a Successful Corporate Counsel Externship, 17 Clinical L. Rev. 99 (2010)

Beverly Cohen, Saving the Savings Clause: Advocating a Broader Reading of the Miller Test to Enable States to Protect ERISA Health Plan Members by Regulating Insurance, 18 Geo. Mason L. Rev. 125 (2010)

Meghan Condon, Note: Bruise of a Different Color: The Possibilities of Restorative Justice for Minority Victims of Domestic Violence, 17 Geo. J. on Poverty L. & Pol'y 487 (2010)

Katie Cushing, Comment. Facing Reality: The Pregnancy Discrimination Act Falls Short for Women Undergoing Infertility Treatment, 40 Seton Hall L. Rev. 1697 (2010)

Matthew Dahl, "Runaway Train": Controlling Crimes Committed by Private Contractors Through the Application of the Uniform Code of Military Justice, 14 Barry L. Rev. 55 (2010)

Adrienne Davis, Regulating Polygamy: Intimacy, Default Rules, and Bargaining for Equality, 110 Colum. L. Rev. 1955 (2010)

Laura Donohue, The Shadow of State Secrets, 159 U. Pa. L. Rev. 77 (2010)

David Doorey, In Defense of Transnational Domestic Labor Regulation, 43 Vand. J. Transnat'l L. 953 (2010)

Brittany Ems, Comment: Preparing the Workplace for Transition: A Solution to Employment Discrimination Based on Gender Identity, 54 St. Louis U. L.J. 1329 (2010)

Elisa Fois, Age Discrimination, Europe and Italy, 4 J. Int'l Aging L. & Pol'y 1 (2010)

Erica Frankenberg & Liliana Garces, The Use of Social Science Evidence in Parents Involved and Meredith: Implications for Researchers and Schools, 46 U. Louisville L. Rev. 703 (2008)

Monica Hargrove, The Evolution of Black Lawyers in Corporate America: from the Road less Traveled to Managing the Major Highways, 53 How. L.J. 749 (2010)

Laura Hermer, Medicaid, Low Income Pools, and the Goals of Privatization. 17 Geo. J. on Poverty L. & Pol'y 405 (2010)

Susan Heyman, Bottom-up: An Alternative Approach for Investigating Corporate Malfeasance, 37 Am. J. Crim. L. 163 (2010)

Kuo-Chang Huang, et alia, An Empirical Investigation of Settlement and Litigation – The Case of Taiwanese Labor Disputes, 7 J. Empirical Legal Stud. 786 (2010)

Carmen Huertas-Noble, Promoting Worker-Owned Cooperatives as a CED Empowerment Strategy: A Case Study of Colors and Lawyering in Support of Participatory Decision-Making and Meaningful Social Change, 17 Clinical L. Rev. 255 (2010)

Alan Hyde, Labor Arbitration of Discrimination Claims after 14 Penn Plaza v. Pyett: Letting Discrimination Defendants Decide Whether Plaintiffs May Sue Them, 25 Ohio St. J. on Disp. Resol. 975 (2010)

Elizabeth Johnston, Note: The United States Guestworker Program: The Need for Reform, 43 Vand. J. Transnat'l L. 1121 (2010)

Jeremy Jones, Comment: Forum and Venue Selection Clauses in Seamen's Employment Contracts: Can Contractual Stipulations Be Used to Defeat a Seaman's Choice of Forum or Venue in a Jones Act Claim? 85 Tul. L. Rev. 519 (2010)

Jerry Kang, et alia, Are Ideal Litigators White? Measuring the Myth of Colorblindness, 7 J. Empirical Legal Stud. 886 (2010)

Kevin Kolben, Labor Rights as Human Rights? 50 Va. J. Int'l L. 449 (2010)

Thomas Kondro, Comment: Mixed Motives and Motivating Factors: Choosing a Realistic Summary Judgment Framework for Section 2000e-2(m) of Title VII, 54 St. Louis U. L.J. 1439 (2010)

Susan Laluk & Sharon Stiller, Employment Law, 60 Syracuse L. Rev. 895 (2010)

Melanie Leslie, The Wisdom of Crowds? Groupthink and Nonprofit Governance, 62 Fla. L. Rev. 1179 (2010)

Jeffrey Levine & Bram Maravent, Fumbling Away the Season: Will the Expiration of the NFL-NFLPA CBA Result in the Loss of the 2011 Season? 20 Fordham Intell. Prop. Media & Ent. L.J. 1419 (2010)

Robert McCormick & Amy McCormick, A Trail of Tears: The Exploitation of the College Athlete, 11 Fla. Coastal L. Rev. 639 (2010)

Megan McGinnis, Note: Child Farm Labor under the Fair Labor Standards Act, 20 Kan. J.L. & Pub. Pol'y 155 (2010)

Justin Markel, Comment: Efficacy of Contractual Solutions in the Interstate Enforcement of Covenants Not to Compete, 51 S. Tex. L. Rev. 783 (2010)

Christopher Martin, Sovereignty, Meet Globalization: Using Public-Private Partnerships to Promote the Rule of Law in a Complex World, 202 Mil. L. Rev. 91 (2009)

Nancy Maurer & Robert Seibel, Addressing Problems of Power and Supervision in Field Placements, 17 Clinical L. Rev. 145 (2010)

Anthony Merza, Hospital Charity Care and the Corporate Campaign: Labor Union Exploitation of Dysfunctional Tax Exemption Laws, 11 Depaul J. Health Care L. 203 (2008)

Nicholas Naiser, Note: Physician Noncompetition Agreements in Kentucky: The Past Discounting of Public Interests and a Proposed Solution, 47 U. Louisville L. Rev. 195 (2008)

Elizabeth Pendo,. Race, Sex, and Genes at Work: Uncovering the Lessons of Norman-Bloodsaw, 10 Hous. J. Health L. & Pol'y 227 (2010)

Adam Primm, Note: Salary Arbitration Induced Settlement in Major League Baseball: The New Trend, 17 Sports Law. J. 73 (2010)

Laura Redman, Outing the Invisible Poor: Why Economic Justice and Access to Health Care Is an LGBT Issue, 17 Geo. J. on Poverty L. & Pol'y 451 (2010)

Cristina Rodriguez, Immigration and the Civil Rights Agenda, 6 Stan. J. C.r. & C.l. 125 (2010)

Chris Sanchirico, A Critical Look at the Economic Argument for Taxing Only Labor Income, 63 Tax L. Rev. 867 (2010)

Alvaro Santos, Three Transnational Discourses of Labor Law in Domestic Reforms, 32 U. Pa. J. Int'l L. 123 (2010)

Alvaro Santos, Labor Flexibility, Legal Reform, and Economic Development, 50 Va. J. Int'l L. 43 (2009)

Justin Schwam, Note: Reform of New Jersey's Public Schools: Towards Regionalization, 62 Rutgers L. Rev. 1063 (2010)

Paul Secunda, Cultural Cognition at Work, 38 Fla. St. U. L. Rev. 107 (2010)

Joseph Seiner & Benjamin Gutman, Does Ricci Herald a New Disparate Impact? 90 B.U. L. Rev. 2181 (2010)

Patrick Shin, Liability for Unconscious Discrimination? A Thought Experiment in the Theory of Employment Discrimination Law, 62 Hastings L.J. 67 (2010)

Erin Snider, Note: The FLSA Antiretaliation Provision: Defining the Outer Contours of What Constitutes an Employee Complaint, 96 Iowa L. Rev. 385 (2010)

Robert Sheres, The Need for an Equitable Revolution to "Appropriately" Remedy Wrongfully Denied Benefits under ERISA, 34 Nova L. Rev. 679 (2010)

Justin Sorrell, Note: Rehabilitative Employees and the National Labor Relations Act, 52 Wm. & Mary L. Rev. 607 (2010)

Sandra Sperino, The New Calculus of Punitive Damages for Employment Discrimination Cases, 62 Okla. L. Rev. 701 (2010)

Symposium: Poverty Law and Policy in the Age of Obama: Setting Priorities for America's Anti- Poverty Agenda, 17 Geo. J. on Poverty L. & Pol'y 401 (2010)

Symposium: Future of Black Lawyers in America, 53 How. L.J. 557 (2010)

Symposium: Pro Bono Services: Meeting the Ethical Obligations of the Practicing Bar and the Law Schools,  51 S. Tex. L. Rev. 555 (2010)

Symposium. Environmental Lawsuits and Corporate Social Responsibility, 21 Fordham Envtl. L. Rev. 1 (2010)

Justin Wagner, Assisting Distressed Homeowners to Avoid Foreclosure: A Advocate's Role in an Evolving Judicial and Policy Environment, 17 Geo. J. on Poverty L. & Pol'y 423 (2010)

Anders Walker, Blackboard Jungle: Delinquency, Desegregation, and the Cultural Politics of Brown, 110 Colum. L. Rev. 1911 (2010)

Mark Weber, Unreasonable Accommodation and Due Hardship, 62 Fla. L. Rev. 1119 (2010)

Peter Westen, Answer Self-Incriminating Questions or Be Fired, 37 Am. J. Crim. L. 97 (2010)

White, Revisiting Fre4e Movement of Workers, 33 Fordham Int'l L.J. 1564 (2010)

David Wilkins, The New Social Engineers in the Age of Obama: Black Corporate Lawyers and the Making of the First Black President, 53 How. L.J. 557 (2010)

Frank Wu, Beyond the Symbolic Black and White: The New Challenges of a Diverse Democracy, 53 How. L.J. 807 (2010)

George Wright, Homelessness and the Missing Constitutional Dimension of Fraternity, 46 U. Louisville L. Rev. 437 (2008)

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