October 22, 2005
Black Indians and Blood Quantum: Lawful Racism
Daniel F. Littlefield, Jr., a faculty member in the English Department at University of Arkansas - Little Rock , will speak on "Black Indians and Blood Quantum: Lawful Racism. " The lecture is presented as a part of the “Crossings of Breath: Indigenous & Black Relations in North America” conference co-sponsored by the University of New Mexico School of Law. It will be held November 9 at the law school.
October 21, 2005
Workplace Diversity Conference
A conference on Diversity in the Workplace will be held Nov. 4, 2005, in Memphis, Tenn. The conference is hosted by the University of Memphis Cecil C. Humphreys School of Law.
The event will feature as keynote speaker the Honorable Naomi C. Earp, vice chair of the U.S. Equal Employment Opportunity Commission. Also speaking will be the Honorable Tu Pham, U. S. Magistrate Judge, U.S. District Court in Memphis, as well as high-level representatives from Sara Lee Foods, FedEx and International Paper. Some subjects to be discussed include: how diversity differs from affirmative action, designing a meaningful policy and plan, its role in employment sectors, building a business case for diversity, and sharing best practices.
Advertising Executive Resigns Over Sexist Remark
Neil French, the worldwide creative director at WPP Group, resigned yesterday over remarks he made about women at an industry event on October 6. A female audience member asked him why there weren't more high-ranking women in creative agency positions. Mr. French replied that women "don't make it to the top because they don't deserve to," saying their roles as caregivers and childbearers prevented them from succeeding in top positions. For more, see the New York Times article by Julie Bosman.
Motorola has sued its former president and chief operating officer Mike Zafirovski for allegedly breaching his noncompete agreement when he accepted the position of CEO at Nortel. The suit alleges that Zafirovski "cannot perform his job at Nortel without inevitably disclosing or utilizing Motorola's trade secrets and proprietary information." For more, see Reuters' Update-1.
October 20, 2005
Employment Law Ethics Symposium
Northern Kentucky Law Review will present a Symposium on Employment Law Ethics on November 11, 2005. Cynthia Nance (U. Arkansas School of Law) will speak on "What makes employment law and ethics unique?" Susan Katz Hoffman (Pepper Hamilton - Philadelphia) will speak on ethics in employee benefits. Sam Marcosson (Louisville/Brandeis School of Law) will speak on client counseling. The kenote speakers will be joined by panels of distinguished local practitioners. The Symposium is sponsored by Strauss & Troy and Ohio Casualty Group. Extensive CLE credit for ethics and professionalism is available in OH and KY.
October 19, 2005
MacKinnon Inducted as Fellow
Congratulations to Catharine A. MacKinnon, University of Michigan Law School, for her induction as a Fellow into the American Academy of Arts & Sciences class of 2005.
Empirical Research on Vacations
Using the Panel Study of Income Dynamics and the Health and Retirement Study, we provide a set of facts about vacation leave and its relationship to hours worked, hours constraints, wage rates, worker characteristics, spouse's vacation leave, labor market experience, job tenure, occupation, industry, and labor market conditions. We show that on average vacation time taken rises 1 to 1 with paid vacation but varies around it, that annual hours worked fall by about 1 full time week with every week of paid vacation, that the gap between time taken and time paid for is higher for women, union members, and government workers, that hourly wage rates have a strong positive relationship with paid vacation weeks both in the cross section and across jobs, and that nonwage compensation is positively related to vacation weeks. We provide evidence that vacation leave is determined by broad employer policy rather than by negotiation between the worker and firm. In particular, it is strongly related to job seniority but depends very little on labor market experience, and for job changers it is only weakly related to the amount of vacation on the previous job.
DOL Issues Opinion Letter on FLSA's "Learned Professionals" Exemption
The Department of Labor's Wage and Hour Division has released an opinion letter providing some guidance on the FLSA learned professionals exemption. The opinion letter, no. 2005-28, states that sales engineers who perform primarily engineering tasks qualify under the exemption despite also doing some nonexemptsales work.
October 18, 2005
Unique Clause in Employment Contract of Disney CEO
Bob Iger is Disney's new CEO. His employment contract, dated October 2 and disclosed in a recent SEC filing, permits Disney's Board to fire him if, among other things, he "fails to cooperate ... with any investigation or inquiry into his or the Company's business practices ... including ... [his] refusal to be deposed or to provide testimony at any trial or inquiry." According to Fortune,
What that means in English is that if Iger stonewalls an investigation (like, say, former AIG CEO Hank Greenberg) or pleads the Fifth, the board can send him packing without his golden parachute. “This clause is quite unusual,” says Stephen Fackler, an attorney at Gibson Dunn & Crutcher who’s crafted hundreds of compensation plans. “Presumably it signals the efforts of the board to establish a different sort of board-CEO relationship in the post-Eisner era.”
The clause may have been motivated by the Disney Board's experience with Iger's predecessor Michael Ovitz. Ovitz received a parachute payout of $140 million. Shareholders sued the Board arguing, among other things, that the Board should have fired Ovitz for cause to avoid the payout. The Board won at the trial court level and settled to avoid an appeal.
October 17, 2005
Denise Reaume, Comparing Theories of Sex Discrimination: The Role of Comparison, 25 Oxford J. Leg. Stud. 547 (2005).
Michael Selmi, Sex Discrimination in the Nineties, Seventies Style: Case Studies in the Preservation of Male Workplace Norms, 9 Employee Rights & Employment Policy Journal 1 (2005).
Gary Chartier, Toward a New Employer-Worker Compact, 9 Employee Rights & Employment Policy Journal 51 (2005).
Christopher Ruiz Cameron, Jeffrey S. Brand, Ellen Dannin, Katherine Van Wezel Stone, Jonathan Hiatt, and William B. Gould IV, At Age Seventy, Should the National Labor Relations Act be Retired: Proceedings of the 2005 Annual Meeting, Association of American Law Schools Section on Labor Relations and Employment Law, 9 Employee Rights & Employment Policy Journal 121 (2005).
October 16, 2005
Top-5 SSRN Employment / Labor Downloads
Flexibilization, Globalization, and Privatization: Three Challenges to Labor Rights in Our Time
Katherine V.W. Stone,
University of California, Los Angeles - School of Law
The Political Economy of Transparency: What Makes Disclosure Policies Effective?
Archon Fung, Mary NMI Graham, David Weil, Elena Fagotto,
Harvard University - John F. Kennedy School of Government, Harvard University - John F. Kennedy School of Government, Boston University School of Management, Transparency Policy Project
Trade and Employment: Stylized Facts and Research Findings
Bernard Hoekman, L. Alan Winters,
World Bank - Development Economics Research Group (DECRG), World Bank - Development Economics Research Group (DECRG)
Effect of Single-Tier versus Two-Tier Partnership Tracks at Am Law 200 Law Firms: Theory and Evidence
William D. Henderson,
Indiana University School of Law - Bloomington
Tax and Disability: Ability to Pay and the Taxation of Difference
Theodore P. Seto, Sande Buhai,
Loyola Law School (Los Angeles), Loyola Law School (Los Angeles)