Labor and Employment Law News - November 2011

Labor and the Law: Current News and Information
from the LERA Section on Labor and Employment Law
(LEL) © 2011
Published since 1997

November 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.

Information Requests Related to Bargaining Issues

Parties to collective bargaining relationships are required to provide information that is relevant to the employees’ terms and conditions of employment and that is requested by their bargaining partner. This includes information relevant to bargaining issues. A failure or refusal to provide requested relevant information is a bad faith bargaining unfair labor practice. There can be consequences to that unfair labor practice beyond a notice posting and cease and desist order. A recent case provides a good example of issues and consequences related to information requests. National Extrusion & Mfg. Co., 357 NLRB No. 8 (July 26, 2011)  http://mynlrb.nlrb.gov/link/document.aspx/09031d45805217f3

Two weeks after the parties began bargaining, the employer proposed cutting wages 12% over three years, because the employer faced competition from Asia, production costs had increased, and production had declined.

The union requested specific information that it said was necessary to evaluate the accuracy of the employer’s claims. The only information the employer agreed to produce was the amount of its anticipated wage savings but without providing the underlying calculations that the union had requested. The employer said it was not required to provide the other information the union had requested because (1) it was not necessary or relevant to the union's representation of the employees and (2) disclosure of the information would compromise confidentiality and jeopardize customer relationships.

In the Truitt case, the Supreme Court said: “Good-faith bargaining necessarily requires that claims made by either bargainer should be honest claims. This is true about an asserted inability to pay an increase in wages. If such an argument is important enough to present in the give and take of bargaining, it is important enough to require some sort of proof of its accuracy.” The Board majority held that the employer violated its duty to bargain when it refused to provide information the union needed to assess the validity of the employer’s claims. This duty is similar to discovery in civil cases.

The employer’s violation of its obligation to bargain in good faith by not providing the information meant that it lost its right to lock out its employees. The majority observed, “A bargaining lockout is lawful only if its sole purpose is to bring economic pressure to bear in support of a legitimate bargaining position.”  The parties bargaining impasse that was caused by the failure to provide the information was also an unfair labor practices. As a result, the employer lost its right to implement terms in its final offer, and its unilateral changes to terms and conditions of employment violated the NLRA.

The dissent took issue with most of these conclusions but agreed that the employer violated the NLRA by failing to give the union advance notice and an opportunity to bargain before cancelling its employees’ health insurance coverage.

Objectionable Conduct Related to NLRB Elections

Conduct that takes place during an NLRB election that could affect the outcome of the election can lead to the overturn of election results and a rerun election. National Labor Relations Board Casehandling Manual, Part Two Representation Proceedings, Postelection Challenges and Objections 11360-11438 http://www.nlrb.gov/sites/default/files/documents/44/chm2.pdf

The process begins when a party to the election files objections to the conduct of the election. Objections are investigated and, if there are credibility or other issues that need to be resolved, a hearing is held. In a recent case, an employer claimed that the union had distributed a flyer with pro-union statements that had not been made or authorized by the employees.  Somerset Valley Rehab. & Nursing Ctr., 357 NLRB No. 71 (Aug. 26, 2011) http://mynlrb.nlrb.gov/link/document.aspx/09031d45806096dd

The evidence at the hearing showed that the union had asked employees to sign release forms showing that they were willing to be photographed and videotaped and to provide statements of support for the Union. Seventy percent of employees in the unit signed releases that had authorized the Union “to use pictures made of me and comments made by me on this date in video tapes, printed material, digital and online media, advertisements, and any other materials.” The form also asked employees to say how a union would (1) “improve your life and/or the life of your family” and (2) “help you provide better care [for your patients].” 

The union then published a flyer with statements in support of the union.  The flyer cover said “We're Voting Yes for 1199SEIU!” between two group photographs of employees.  The employer filed objections to the words “I'm/We're voting yes” in quotes on the flyer, because the “voting yes” quotes were misrepresentations that deceived voters. The standard for evaluating whether misleading campaign statements require that an election be set aside is whether the voters are unable to “separate truth from untruth and where their right to a free and fair choice will be affected.”

The Board majority found that there had been no forgery, that the voters could easily see that the flyer was campaign propaganda, and there had been no pervasive misrepresentation “or deception so artful that employees were unable to separate truth from untruth.” In addition, the union “asked all the quoted employees to state their reasons for supporting union representation and for permission to use their names, images, and statements in campaign literature.” As a result, the union “did exactly what each of the employees who signed the release form would have understood the Union was going to do — it used the employees’ names, images, and words in an effort to create a persuasive piece of campaign literature.” The majority concluded that no reasonable employee would think that the employees had actually gotten together and said, “We're voting yes.” As a result, the employees could assess the propaganda for what it was.

The dissent contended that election results must be overturned, because, by not verifying that the quotes fairly represented the views of the employees, the conduct impeded the laboratory conditions required in Board elections.

Problem Pregnancy and an Employer’s Obligations

A recent case from the 7th Circuit Court of Appeals analyzes employer obligations to pregnant employees under the Americans with Disabilities Act, the Pregnancy Disability Act (ODA), Title VII, and the Family and Medical Leave Act (FMLA). Serednyj v. Beverly Healthcare, Case No.10-2201 (7th Cir. Aug. 26, 2011). http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=10-2201_002.pdf

Web Links

NLRB, Posting of employee rights notice now required on Jan. 31; Board postpones deadline to allow for further education and outreach, October 5, 2011 http://nlrb.gov/news/posting-employee-rights-notice-now-required-jan-31-board-postpones-deadline-allow-further-educa

Department of Labor Office of Inspector General, Recovery Act: Slow Pace Placing Workers into Jobs Jeopardizes Employment Goals of the Green Jobs Program Report Number: 18-11-004-03-390 September 30, 2011 http://www.recovery.gov/Accountability/inspectors/Documents/18-11-004-03-390.pdf

Mark Price & Stephen Herzenberg, The Benefits of State Prevailing Wage Laws: Better Jobs and More Productive Competition in the Construction Industry October 3, 2011 http://keystoneresearch.org/publications/research/benefits-state-prevailing-wage-laws-better-jobs-and-more-constructive-competit

Public Citizen, OSHA Inaction: Onerous Requirements Imposed on OSHA Prevent the Agency from Issuing Lifesaving Rules, http://www.citizen.org/documents/osha-inaction.pdf

EBRI Issue Brief – November 2011 Tax Reform Options: Promoting Retirement Security http://ebri.org/publications/ib/index.cfm?fa=ibDisp&content_id=4934

John Schmitt and Alexandra Mitukiewicz, Politics Matter: Changes in Unionization Rates in Rich Countries, 1960-2010, November 2011 http://www.cepr.net/index.php/publications/reports/changes-in-unionization-rates-in-rich-countries-1960-2010

United Mine Workers, Industrial Homicide, October 25, 2011 http://www.umwa.org/?q=news/umwa-ubb-disaster-was-%E2%80%9Cindustrial-homicide%E2%80%9D

Bureau of Labor Statistics, The Editor's Desk, Employment of veterans, 2010, November 10, 2011 http://www.bls.gov/opub/ted/

Elizabeth Weber Handwerker, Mina M. Kim, and Lowell Mason, Domestic employment in U.S.-based multinational companies, Department of Labor, Monthly Labor Review October 2011 http://www.bls.gov/opub/mlr/2011/10/art1full.pdf

Rachel S. Friedman, The construction boom and bust in New York City, Department of Labor, Monthly Labor Review October 2011 http://www.bls.gov/opub/mlr/2011/10/art2full.pdf

Lisa Boily, Pay premiums among major industry groups in New York City, Department of Labor, Monthly Labor Review October 2011 http://www.bls.gov/opub/mlr/2011/10/art3full.pdf

Government Accountability Office, Arizona Border Region: Federal Agencies Could Better Utilize Law Enforcement Resources in Support of Wildland Fire Management Activities  GAO-12-73, Nov 8, 2011 http://www.gao.gov/new.items/d1273.pdf

Government Accountability Office, For-Profit Schools: Experiences of Undercover Students Enrolled in Online Classes at Selected Colleges  GAO-12-150, Oct 31, 2011 http://www.gao.gov/new.items/d12150.pdf

Government Accountability Office, Higher Education: Use of New Data Could Help Improve Oversight of Distance Education  GAO-12-39, Nov 17, 2011 http://www.gao.gov/new.items/d1239.pdf

Government Accountability Office, U.S. Postal Service: Action Needed to Maximize Cost-Saving Potential of Alternatives to Post Offices   GAO-12-100, Nov 17, 2011 http://www.gao.gov/new.items/d12100.pdf

Government Accountability Office, Acquisition Workforce: DOD's Efforts to Rebuild Capacity Have Shown Some Progress    GAO-12-232T, Nov 16, 2011 http://www.gao.gov/new.items/d12232t.pdf

Government Accountability Office, Climate Change Adaptation: Federal Efforts to Provide Information Could Help Government Decision Making    GAO-12-238T, Nov 16, 2011  http://www.gao.gov/new.items/d12238t.pdf

Government Accountability Office, Disadvantaged Business Enterprise Program: Assessing Use of Proxy Data Would Enhance Ability to Know If States Are Meeting Their Goals    GAO-12-78, Oct 13, 2011 http://www.gao.gov/new.items/d1278.pdf

Government Accountability Office, Suspension and Debarment: Some Agency Programs Need Greater Attention, and Governmentwide Oversight Could Be Improved   GAO-12-245T, Nov 16, 2011 http://www.gao.gov/new.items/d12245t.pdf

Government Accountability Office, Federal Contracting: OMB's Acquisition Savings Initiative Had Results, but Improvements Needed   GAO-12-57, Nov 15, 2011 http://www.gao.gov/new.items/d1257.pdf

Government Accountability Office, Initial Pilot Training: Better Management Controls Are Needed to Improve FAA Oversight    GAO-12-117, Nov 4, 2011 http://www.gao.gov/new.items/d12117.pdf

Government Accountability Office, Compacts of Free Association: Improvements Needed to Assess and Address Growing Migration   GAO-12-64, Nov 14, 2011 http://www.gao.gov/new.items/d1264.pdf

Government Accountability Office, Delphi Corporation: Key Events Leading to Termination of the Delphi Defined Benefit Plans    GAO-12-234T, Nov 14, 2011 http://www.gao.gov/new.items/d12234t.pdf

Government Accountability Office, Dodd-Frank Act Regulations: Implementation Could Benefit from Additional Analyses and Coordination   GAO-12-151, Nov 10, 2011 http://www.gao.gov/new.items/d12151.pdf

Government Accountability Office, Medicaid: Prototype Formula Would Provide Automatic, Targeted Assistance to States during Economic Downturns   GAO-12-38, Nov 10, 2011 http://www.gao.gov/new.items/d1238.pdf

Government Accountability Office, Federal Employees' Compensation Act: Preliminary Observations on Fraud-Prevention Controls   GAO-12-212T, Nov 9, 2011 http://www.gao.gov/new.items/d12212t.pdf

Government Accountability Office, Federal Bureau of Investigation: Actions Needed to Document Security Decisions and Address Issues with Condition of Headquarters Buildings  GAO-12-96, Nov 8, 2011 http://www.gao.gov/new.items/d1296.pdf

Government Accountability Office, Next Generation Air Transportation System: Linking Test Facilities Can Help Leverage Resources and Improve Technology Transfer Efforts    GAO-12-187T, Nov 7, 2011 http://www.gao.gov/new.items/d12187t.pdf

Government Accountability Office, VA Health Care: VA Uses Medical Injury Tort Claims Data to Assess Veterans' Care, but Should Take Action to Ensure That These Data Are Complete  GAO-12-6R, Oct 28, 2011 http://www.gao.gov/new.items/d126R.pdf

Government Accountability Office, Information Technology: OMB Needs to Improve Its Guidance on IT Investments   GAO-11-826, Sep 29, 2011 http://www.gao.gov/new.items/d11826.pdf

Government Accountability Office, Preventing Sexual Harassment: DOD Needs Greater Leadership Commitment and an Oversight Framework  GAO-11-809, Sep 21, 2011 http://www.gao.gov/new.items/d11809.pdf

Government Accountability Office, Department of Defense: Use of Neurocognitive Assessment Tools in Post-Deployment Identification of Mild Traumatic Brain Injury  GAO-12-27R, Oct 24, 2011 http://www.gao.gov/new.items/d1227r.pdf

Government Accountability Office, Health Care Price Transparency: Meaningful Price Information Is Difficult for Consumers to Obtain Prior to Receiving Care  GAO-11-791, Sep 23, 2011 http://www.gao.gov/new.items/d11791.pdf

Government Accountability Office, The Federal Government's Long-Term Fiscal Outlook: Fall 2011 Update  GAO-12-28SP, Oct 24, 2011 http://www.gao.gov/new.items/d1228sp.pdf

Department of Labor Strategic Plan FY 2011-2016 http://www.dol.gov/_sec/stratplan/

Recent Labor and Employment Law Articles

Emily Adams, Note: Protecting America's Financial Future: Why Courts Should Enforce ERISA's Duties of Prudence and Disclosure, 26 A.B.A. J. Lab. & Emp. L. 345 (2011)

Sameer Ahmed,  Targeting Highly-Skilled Immigrant Workers in a Post-9/11 America, 79 UMKC L. Rev. 935 (2011)

Richard Alfred & Jessica Schauer, Continuous Confustion: Defining the Workday in the Modern Economy, 26 A.B.A. J. Lab. & Emp. L. 363 (2011)

Deborah Anthony, Tradition, Conflict, and Progress: A Closer Look at Childbirth and Parental Leave Policy on University Campuses, 12 Geo. J. Gender & L. 91 (2011)

Kevin Barry, Toward Universalism: What the ADA Amendments Act of 2008 Can and Can't Do for Disability Rights, 31 Berkeley J. Emp. & Lab. L. 203 (2010)

Theresa Beiner, Some Thoughts on the State of Women Lawyers and Why Title VII Has Not Worked for Them, 44 Ind. L. Rev. 685 (2011)

Janice Bellace, Achieving Social Justice: The Nexus Between the ILO's Fundamental Rights and Decent Work, 15 Employee Rts. & Emp. Pol'y J. 5 (2011)

Jason Bent, The Telltale Sign of Discrimination: Probabilities, Information Asymmetries, and the Systemic Disparate Treatment Theory, 44 U. Mich. L.J.  Reform 797 (2011)

Susan Bisom-Rapp, et alia, Decent Work, Older Workers and Vulnerability in the Economic Recession: A Comparative Study of Australia, the United Kingdom, and the United States, 15 Employee Rts. & Emp. Pol'y J. 43 (2011)

Jarod Bona, The Antitrust Implications of Licensed Occupations Choosing Their Own Exclusive Jurisdiction, 5 U. St. Thomas J.L. & Pub. Pol'y. 28 (2011)

Roger Blanpain, Decent Work in the European Union: Hard Goals, Soft Results, 15 Employee Rts. & Emp. Pol'y J. 29 (2011)

Karen Blum, Supervisory Liability after Iqbal: Misunderstood but Not Misnamed, 43 Urb. Law. 541 (2011)

Michael Boardman, Note: Constitutional Conditions: Regulating Independent Political Expenditures by Government Contractors after Citizens United, 10 Fla. St. U. Bus. Rev. 25 (2011)

Daniel Brinks & William Forbath, Commentary: Social and Economic Rights in Latin America: Constitutional Courts and the Prospects for Pro-poor Interventions, 89 Tex. L. Rev. 1943 (2011)

Charles Brown, Note: Employment Discrimination Plaintiffs in the District of Maryland, 96 Cornell L. Rev. 1247 (2011)

James Brudney, Gathering Moss: The NLRA's Resistance to Legislative Change, 26 A.B..A. J. Lab. & Emp. L. 161 (2011)

Scott Brutocao & Angela Marshall, Cost-Saving Options for Employers and Other Wage and Hour Issues, 26 A.B..A. J. Lab. & Emp. L. 383 (2011)

Kristina Campbell, The Road to S.B. 1070: How Arizona Became Ground Zero for the Immigrants' Rights Movement and the Continuing Struggle for Latino Civil Rights in America, 14 Harv. Latino L. Rev. 1 (2011)

Kenneth Casebeer, Supreme Court Without a Clue: 14 Penn Plaza LLC v. Pyett and the System of Collective Action and Collective Bargaining Established by the National Labor Relations Act, 65 U. Miami L. Rev. 1063 (2011)

Christine Chester & Amanda Cully, Note: Putting a Plug in America's Brain Drain: A Proposal to Increase U.s. Retention of Foreign Students Post-graduation. 28 Hofstra Lab. & Emp. L.J.  385 (2011)

Peter Corbin & John Duvall, Employment Discrimination, 62 Mercer L. Rev. 1125 (2011)

Roberto Corrada, Introduction: Politics of Knowledge-Production: Synecdochic Perils & Opportunities for Latinas/os in the Academy, 14 Harv. Latino L. Rev. 257 (2011)

Patrick Coyle & Alexandra Garrison, Labor and Employment. 62 Mercer L. Rev. 1199 (2011)

Marion Crain, An Imminent Hanging, 26 A.B..A. J. Lab. & Emp. L. 151 (2011)

Charles Craver, The Impact of Labor Unions on Worker Rights and on Other Social Movements, 26 A.B..A. J. Lab. & Emp. L. 267 (2011)

Dorothy Sue Cobble, The Intellectual Origins of an Institutional Revolution, 26 A.B..A. J. Lab. & Emp. L. 201 (2011)

Steve Charnovitz, The U.S. International Labor Relations Act, 26 A.B..A. J. Lab. & Emp. L. 311 (2011)

Elizabeth Dahlstrom, Note: ERISA Section 510 Should Be Interpreted to Cover Internal, Unsolicited Employee Complaints, 26 A.B..A. J. Lab. & Emp. L. 481 (2011)

John Donohue, et alia, Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations, 8 J. Empirical Legal Stud. 477 (2011)

Donald Donati, Insights from an Advocate: Burlington Northern & Santa Fe Railway Co. v. White, 41 U. Mem. L. Rev. 711 (2011)

Marc Edelman & Joseph Wacker, Collectively Bargained Age / Eeducation Requirements: A Source of Antitrust Risk for Sports Club-Owners or Labor Risk for Players Unions? 115 Penn St. L. Rev. 341 (2010)

Jeffrey Ellman & Daniel Merrett, Pensions and Chapter 9: Can Municipalities Use Bankruptcy to Solve Their Pension Woes? 27 Emory Bankr. Dev. J. 365 (2011)

Samuel Estreicher, Negotiating the People's Capital Revisited, 28 Hofstra Lab. & Emp. L.J.  253 (2011)

Yuval Feldman, et alia, What Workers Really Want: Voice, Unions, and Personal Contracts, 15 Employee Rts. & Emp. Pol'y J. 237 (2011)

Paul Fenn & Neil Rickman, Fixing Lawyers' Fees ex Ante: A Case Study in Policy and Empirical Legal Studies, 8 J. Empirical Legal Stud. 533 (2011)

Richard Freeman, What Can We Learn from the NLRA to Create Labor Law for the Twenty-first Century? 26 A.B..A. J. Lab. & Emp. L. 327 (2011)

Timothy Glynn, Taking the Employer out of Employment Law? Accountability for Wage and Hour Violations in an Age of Enterprise Disaggregation, 15 Employee Rts. & Emp. Pol'y J. 201 (2011)

Meredith Goldich, Comment: Rent-a-Center, West, Inc. v. Jackson, 60 Am. U. L. Rev. 1673 (2011)

Kati Griffith, Discovering "Immployment" Law: The Constitutionality of Subfederal Immigration Regulation at Work, 29 Yale L. & Pol'y Rev. 389 (2011)

James Gross, The NLRB: Then and Now, 26 A.B..A. J. Lab. & Emp. L. 213 (2011)

Phoebe Haddon, A Public Calling: Lessons from the Lives of Judges of Color in Pennsylvania, 20 Temp. Pol. & Civ. Rts. L. Rev. 159 (2010)

Daniel Haney, Note: Disability Law – Americans with Disabilities Act of 1990 – Title II and Title III and the Expansion of Captioning for the Deaf: from Television and Movie Theaters to Stadiums and Arenas? 33 U. Ark. Little Rock L. Rev. 465 (2011)

Clark Havighurst & Barak Richman, Who Pays? Who Benefits? Unfairness in American Health Care, 25 Notre Dame J.L. Ethics & Pub. Pol'y 493 (2011)

Lucienne Hartmann, Comment: Whistle While You Work: The Fairytale-like Whistleblower Provisions of the Dodd-Frank Act and the Emergence of "Greedy," the Eighth Dwarf, 62 Mercer L. Rev. 1279 (2011)

Nicholas Haynes, Note: On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, and Waiver of Statutory Workplace Discrimination Claims Post-Pyett, 2011 J. Disp. Resol. 225

Camille Hebert, The Causal Relationship of Sex, Pregnancy, Lactation, and Breastfeeding and the Meaning of  "Because Of . . . Sex" under Title VII, 12 Geo. J. Gender & L. 119 (2011)

William Herbert, Public Sector Labor Law and History: The Politics of Ancient History? 28 Hofstra Lab. & Emp. L.J.  335 (2011)

Diane Heckman, The Entrenchment of the Glass Sneaker Ceiling: Excavating Forty-Five Years of Sex Discrimination Involving Educational Athletic Employment Based on Title VII, Title IX and the Equal Pay Act, 18 Vill. Sports & Ent. L.J.  429 (2011)

Stacy Hickox, The Underwhelming Impact of the Americans with Disabilities Act Amendments Act, 40 U. Balt. L. Rev. 419 (2011)

Jeffrey Hirsch, Communication Breakdown: Reviving the Role of Discourse in the Regulation of Employee Collective Action, 44 UC Davis L. Rev. 1091 (2011)

Benjamin Huffman, Note: Federal Preemption of State Labor Laws in the Context of Workers' Compensation for Undocumented Workers, 32 Hamline J. Pub. L. & Pol'y 83 (2010)

Ken Jacobs & Dave Graham-Squire, Labor Standards for School Cafeteria Workers, Turnover and Public Program Utilization, 31 Berkeley J. Emp. & Lab. L. 447 (2010)

Allan King & Rod Fliegel, Conviction Records and Disparate Impact, 26 A.B..A. J. Lab. & Emp. L. 405 (2011)

Eli Kirschner, Note: Fast Track Authority and its Implication for Labor Protection in Free Trade Agreements, 44 Cornell Int'l L.J.  385 (2011)

Morris Kleiner, Enhancing Quality or Restricting Competition: The Case of Licensing Public School Teachers, 5 U. St. Thomas J.L. & Pub. Pol'y. 1 (2011)

Thomas Kochan, Rethinking and Reframing U.S. Policy on Worker Voice and Representation. 26 A.B..A. J. Lab. & Emp. L. 231 (2011)

Maila Labadie, Note: Preemployment Drug Testing in Lanier v. City of Woodburn: Balancing Individual Liberties with a Drug-free Workplace, 44 UC Davis L. Rev. 1611 (2011)

Stuart Lazar, The Unreasonable Case for a Reasonable Compensation Standard in the Public Company Context: Why it Is Unreasonable to Insist on Reasonableness, 59 Buff. L. Rev. 937 (2011)

Anne Marie Lofaso, In Defense of Public-Sector Unions, 28 Hofstra Lab. & Emp. L.J.  301 (2011)

Bill Lurye, On the Legitimacy of a Mathematical Evaluation of NLRB Decision Making, 26 A.B..A. J. Lab. & Emp. L. 427 (2011)

Ron McCallum, American and Australian Labor Law and Differing Approaches to Employee Choice, 26 A.B..A. J. Lab. & Emp. L. 181 (2011)

Nathan McGrath, Reed v. UAW: An Adverse Ruling on Adverse Action, 23 Regent U. L. Rev. 391 (2010-2011)

David Madland & Karla Walter, Uncle Sam's Purchasing Power: How to Leverage Government Spending to Promote Good Jobs, 31 Berkeley J. Emp. & Lab. L. 425 (2010)

Chad Marzen, The Wrap up of Wrap-Ups? Owner-Controlled Insurance Programs and Exclusive Remedy Defense, 59 Drake L. Rev. 867 (2011)

Mira Mdivani & Pat Mack, Employer Prosecutions Triggered by Allegations of Immigration Law Violations: Legitimate Law Enforcement or a Misguided Policy Tool? 79 UMKC L. Rev. 827 (2011)

Frank Melone, et alia, Arizona 1070: Straw-man Law Enforcement, 14 Harv. Latino L. Rev. 23 (2011)

Carrie Menkel-Meadow, The NLRA's Legacy: Collective or Individual Dispute Resolution or Not? 26 A.B..A. J. Lab. & Emp. L. 249 (2011)

Ruth Milkman, Immigrant Workers and the Future of American Labor, 26 A.B..A. J. Lab. & Emp. L. 295 (2011)

Andrea Nill, Latinos and S.B. 1070: Demonization, Dehumanization, and Disenfranchisement, 14 Harv. Latino L. Rev. 35 (2011)

Diane Norcross, Comment: Separating the Employee from the Citizen, 40 U. Balt. L. Rev. 543 (2011)

Sachin Pandya, Detecting the Stealth Erosion of Precedent: Affirmative Action after Ricci, 31 Berkeley J. Emp. & Lab. L. 285 (2010)

Carlo Pedrioli, Respecting Language as Part of Ethnicity: Title VII and Language Discrimination at Work, 27 Harv. J. Racial & Ethnic Just. 97 (2011)

Kaitlin Picco, The Mixed-Motive Mess: Defining and Applying a Mixed-Motive Framework, 26 A.B..A. J. Lab. & Emp. L. 461 (2011)

Nicole Porter & Jessica Vartanian, Debunking the Market Myth in Pay Discrimination Cases, 12 Geo. J. Gender & L. 159 (2011)

Surabhi Ranganathan, Between Complicity and Irrelevance? Industry Associations and the Challenge of Regulating Private Security Contractors, 41 Geo. J. Int'l L. 303 (2010)

Scot Rives, Comment: Multiracial Work: Handing over the Discretionary Judicial Tool of Multiracialism, 58 UCLA L. Rev. 1303 (2011)

Eli Rosenberg, Comment: Silence Is Golden: Excluding Internal Complaints from ERISA Section 510, 59 U. Kan. L. Rev. 1155 (2011)

Benjamin Sachs, Revitalizing Labor Law, 31 Berkeley J. Emp. & Lab. L. 333 (2010)

Paul Secunda, Constitutional Contracts Clause Challenges in Public Pension Litigation, 28 Hofstra Lab. & Emp. L.J.  263 (2011)

James Shaw, The Judiciary's Efforts to Save Public Employers from the Bargains They Have Made: The Non-delegability and Against Public-policy Doctrines, 28 Hofstra Lab. & Emp. L.J.  363 (2011)

Peggie Smith, Work like Any Other, Work like No Other: Establishing Decent Work for Domestic Workers, 15 Employee Rts. & Emp. Pol'y J. 159 (2011)

Angela Snell, Note: The Absence of Justice: Private Military Contractors, Sexual Assault, and the U.S. Government's Policy of Indifference, 2011 U. Ill. L. Rev. 1125

Tracy Snow, Note: Balancing the ERISA Seesaw: A Targeted Approach to Remedying the Problem of Worker Misclassification in the Employee Benefits Context, 79 Geo. Wash. L. Rev. 1237 (2011)

Paul Sonn & Annette Bernhardt, Government Paves the Way: A Decent-work Agenda for the Obama Administration, 31 Berkeley J. Emp. & Lab. L. 489 (2010)

Paul Sonn & Tsedeye Gebreselassie. The Road to Responsible Contracting: Lessons from States and Cities for Ensuring That Federal Contracting Delivers Good Jobs and Quality Services, 31 Berkeley J. Emp. & Lab. L. 459 (2010)

Paul Sorensen, A Fresh Look at Employer Liability for Sexual Harassment, 27 T.M. Cooley L. Rev. 509 (2010)

Symposium: The National Labor Relations Act at 75: Its Legacy and its Future, 26 A.B..A. J. Lab. & Emp. L. 151 (2011)

Symposium. Alternative Dispute Resolution and the Rule of Law: Making the Connection, 2011 J. Disp. Resol. 1

Symposium. The New American Health Care System: Reform, Reformation, or Missed Opportunity? 159 U. Pa. L. Rev. 1577 (2011)

Symposium: Public Sector Collective Bargaining under Challenge, 28 Hofstra Lab. & Emp. L.J.  253 (2011)

Symposium: Workplace Fairness, 15 Employee Rts. & Emp. Pol'y J. 1 (2011)

Symposium: Understanding Human Trafficking and its Victims, 9 Seattle J. for Soc. Just. 537 (2011)

Symposium: Paving the High Road: Labor Standards and Procurement Policy in the Obama Era, 31 Berkeley J. Emp. & Lab. L. 349 (2010)

Samuel Tibbs, et. al, Do Shareholders Benefit from Corporate Misconduct? A Long-Run Analysis, 8 J. Empirical Legal Stud. 449 (2011)

Turner, Larry L. Has the Class Action Fairness Act Met Expectations for Wage and Hour Employment Litigation? 26 A.B..A. J. Lab. & Emp. L. 439 (2011)

Evgeny Vorotnikov, License to Profit: An Analysis of Entry Regulations in the Legal and Real Estate Professions, 5 U. St. Thomas J.L. & Pub. Pol'y. 52 (2011)

Justin Wales, Note: Beyond the Sail: The Eleventh Circuit's Thomas Decision and its Ineffectual Impact on the Life, Work, and Legal Realities of the Cruise Industry's Foreign Employees, 65 U. Miami L. Rev. 1215 (2011)

Kevin Wells, Note: Labor Relations in the National Football League: A Historical and Legal Perspective, 18 Sports Law. J. 93 (2011)

Christine Westphal, Restrictive Covenants in Employment Contracts: Regulating Employee Solicitation, 37 J. Legis. 108 (2011)

Charles Wheelan, Occupational Licensure: The Elephant in the Labor Market, 5 U. St. Thomas J.L. & Pub. Pol'y. 16 (2011)

Huma Yasin, Playing Catch-up: Proposing the Creation of Status-Based Regulations to Bring Private Military Contractor Forms Within the Purview of International and Domestic Law, 25 Emory Int'l L. Rev. 411 (2011)

Noah Zatz, Beyond Misclassification: Tackling the Independent Contractor Problem Without Redefining Employment, 26 A.B..A. J. Lab. & Emp. L. 279 (2011)

Michael Zimmer, Unions & the Great Recession: Is Transnationalism the Answer? 15 Employee Rts. & Emp. Pol'y J. 123 (2011)

Michael Zitelli, Note: The Controversy Ensues: How Major League Baseball's Use of Dna Testing Is a Matter for Concern under the Genetic Information Non-discrimination Act, 18 Sports Law. J. 21 (2011)

Future Newsletters

The Labor and Employment Relations Association (LERA) Labor and Employment Law (LEL) Section Newsletter, Labor and the Law, is available each month via the LERA discussion list by email and posted on the LERA website. It is edited by Ellen Dannin, Fannie Weiss Distinguished Faculty Scholar and Professor of Law, Pennsylvania State University Dickinson School of Law, 327 Katz Building, University Park, PA 16802-1912. ejd13(at)psu(dot)edu.

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To learn more about the LERA and the opportunities if offers, go to the main website at http://www.leraweb.org/

The most current and back issues of the LEL newsletter may be viewed at http://www.leraweb.org/publications/labor-and-employment-law-newsletter

Copyright © Ellen Dannin 2011. All Rights Reserved. The LEL News may be reposted but only if it includes the copyright notice and the entire document.


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To include your news related to legal issues and developments affecting labor and employment, contact Ellen Dannin by email or by postmail at:
Ellen Dannin, Professor of Law
Pennsylvania State University
Dickinson School of Law
327 Katz Building
University Park, PA 16802-1912