September 2, 2006
Top-5 Employment SSRN Downloads
- Cynthia L. Estlund, Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law (97).
- Lawrence D. Rosenthal (photo above), Reasonable Accommodations for Individuals Regarded as Having Disabilities Under the Americans with Disabilities Act? Why No Should Not Be the Answer (60).
- Kirsten Anderson & Ian Malcolm Ramsay, From the Picket Line to the Boardroom: Union Shareholder Activsm (47).
- Richard Moberly, Sarbanes-Oxley's Structural Model to Encourage Corporate Whistleblowers (44).
- Richard C. Reuben, Democracy and Disute Resolution: Systems Design and the New Workplace (44).
Top-5 Labor SSRN Downloads
- Cynthia Estlund (photo above), The Death of Labor Law? (126).
- Michael L. Wachter, Labor Unions: A Corporatist Institution in a Competitive World (99).
- Kirsten Anderson & Ian Malcolm Ramsay, From the Picket Line to the Boardroom: Union Shareholder Activsm (47).
- Richard Reuben, Democracy and Dispute Resolution: Systems Design and the New Workplace (44).
- Ken I. Kersch, How Conduct Became Speech and Speech Became Conduct: A Political Development Case Study in Labor Law and the Freedom of Speech (40).
Top-5 International Employment & Labor Law SSRN Downloads
- Matt Zwolinski, Sweatshops, Choice, and Exploitation (87).
- Ian Malcolm Ramsay, Andrew Barnes, Tanya Josev, Jarrod Lenne, Shelley D. Marshall, Richard Mitchell, & Cameron Rider, Employee Share Ownership Plans: Evaluating the Role of Tax and Other Factors Using Two Case Studies (54).
- Kirsten Anderson & Ian Malcolm Ramsay, From the Picket Line to the Board Room: Union Shareholder Activism (47).
- Sanford M. Jacoby (photo above), Convergence by Design: The Case of CalPERS in Japan (26).
Top-5 Benefits/Compensation//Pension SSRN Downloads
- John H. Langbein, Trust Law as Regulatory Law: The Unum/Provident Scandal and Judicial Review of Benefit Denials Under ERISA (137).
- Ethan Yale & Gregg D. Polsky, Reforming the Taxation of Deferred Compensation (134).
- Cary Coglianese & Michael L. Michael, After the Scandals: Changing Relationships in Corporate Governance (123).
- Michael Conyon, John E. Core, & Wayne R. Guay, How High Is US CEO Pay? A Comparison with UK CEO Pay (82).
- Vidhi Chhaochharia & Yaniv Grinstein (photo above), CEO Compensation and Board Oversight (72).
September 1, 2006
Not a Bad Day at Work
Paul Caron at TaxProf Blog tells us about a very lucky bartender (and, of course, being the TaxProf, puts a tax spin on it):
For those teaching the income v. gift issue in the basic tax course this fall, check out this Associated Press story: Bartender Gets $10,000 Tip on $26 Tab:
Two weeks ago, one of Cindy Kienow's regular customers left her a $100 tip on a tab that wasn't even half that. This week, he added a couple of zeros. Kienow, a bartender at Applebee's, got a $10,000 tip from the man — for a $26 meal — on Sunday.
So much for thinking of yourself as generous by leaving 20% tips!
EEOC Seeks Comments on Strategic Plan
New Faculty: Gold Waldman at Pace
Workplace Prof Blog would like to join other labor and employment professors from across the country and welcome new Pace lawprof Emily Gold Waldman.
Emily clerked for the Honorable Robert A. Katzmann, Circuit Judge of the United States Court of Appeals for the Second Circuit. Prior to her clerkship, she practiced in the litigation department of Debevoise & Plimpton LLP (2003-05) in New York. Her practice there centered on employment litigation, general litigation, and internal investigations. From 2002-03, Emily clerked for the Honorable William G. Young, United States District Judge for the District of Massachusetts.
Emily will be teaching Employment Law, Law and Education, and
Criminal Law/Legal Analysis. Her publications include: “The Case of the Male OB-GYN: A
Proposal for Expansion of the Privacy BFOQ in the Healthcare Context," 6 U. Pa. J. Lab. & Emp. L. 357 (2004).
August 31, 2006
"You Had a Bad Day": Airline Pilot Locked Out of Cockpit
Umm, I can only imagine it was not the greatest site in the world to see the man dressed as the pilot of your airplane banging on the cockpit door trying to get in (via CNN.com):
The pilot of a Canadian airliner who went to the washroom during a flight found himself locked out of the cockpit, forcing the crew to remove the door from its hinges to let him back in, the airline said on Wednesday.
The incident occurred aboard a flight from Ottawa to Winnipeg on Saturday. The regional jet, capable of carrying 50 people, was operated by Air Canada's Jazz subsidiary.
Jazz spokeswoman Manon Stewart said that with 30 minutes of the flight to go, the pilot went to the washroom, leaving the first officer in charge. But when he tried to get back into the cockpit, the door would not open.
That will teach the pilot to try to hold it until after he lands the plane!
New Casebook: Kennedy and Shultz on Employee Benefits Law
Congratulations to Katie Kennedy (John Marshall), who along with Paul Schultz (Director, Employee Plans Rulings & Agreement, IRS), has published Employee Benefits Law: Qualification Rules and ERISA Requirements.
From the Lexis-Nexis press release on the book:
The Graduate Tax Series is the first series of course materials designed for use in tax LL.M. programs. Like all books in the Series, Employee Benefits Law was designed from the ground-up with the needs of graduate tax faculty and students in mind:
- More focus on Internal Revenue Code and regulations, less on case law
- Analysis of complex, practice-oriented problems of increasing sophistication
- Teacher’s manual with solutions to problems and other guidance
- Web site with real-time digital supplementation for faculty (PowerPoint slides and discussion forum with authors) and students (full text of all cases and rulings)
- On-line access to the comprehensive and current Code and regulations, designed to complement the book
Thanks to Jon Forman (Oklahoma) for the pointer.
Nominations Sought for ERISA Advisory Council
EBSA Seeks Nominations for Vacancies on ERISA Advisory Council (PDF)
Excerpt: "The terms of five members of the [Advisory Council on Employee Welfare and Pension Benefit Plans] expire on November 14, 2006. The groups or fields they represent are as follows: (1) Employee organizations; (2) employers; (3) actuarial counseling; (4) investment counseling; and (5) the general public. . . . Recommendations must be delivered or mailed on or before October 1, 2006."
Bush to Designate Naomi Churchill Earp to Chair EEOC
President Bush announced yesterday that he intends to disignate Naomi Churchill Earp, of Virginia, to be Chair of the Equal Employment Opportunity Commission. Ms. Earp currently serves as Commissioner and Vice-Chair of the Equal Employment Opportunity Commission. Prior to this, she served as Director of Equal Employment Opportunity and Diversity of the National Institute of Health. Earlier in her career, she served as Director of the Office of Advocacy and Enterprise at the Department of Agriculture. Ms. Earp received her bachelor's degree from Norfolk University and her master's degree from Indiana University. She later received her JD from Catholic University's Columbus School of Law.
David Gregory has extended an invitation for labor/employment folks to attend the St. John's Labor Relations and Employment Law Society's Fall 2006 Speaker Series, featuring:
- On Sept. 19, 5:00 p.m., President Roger Toussaint (left), Transport Workers Union, Local 100.
- On Oct. 10, 6:00 p.m., 10th Annual Management Lawyers Colloquium, featuring a discussion of cutting-edge labor and employment issues by a panel of management attorneys.
- On Nov. 16, 7:30 p.m., “Haunted by God” (Lisa Wagner (right) will perform her internationally acclaimed one-woman, one-act play on the life of Dorothy Day, Founder of the Catholic Worker movement.
All events are free, open to the public, and good for one credit of CLE.
Discharge By Email
RadioShack Corp. followed through on its announced plans to cut about 400 jobs, but the electronics retailer has been forced on the defensive about its method of notifying laid-off employees by e-mail. Employees at the Fort Worth headquarters received an e-mail Tuesday morning telling them they were being dismissed immediately. "The work force reduction notification is currently in progress," the notice stated. "Unfortunately your position is one that has been eliminated."
For more, see RadioShack Fires 400 Texas Employees.
August 30, 2006
International Labour Law Conference
The University of Western Ontario, in London, Ontario, will host a conference October 20-21 on International Labour Law. Michael Lynk (left) and John Craig (center left) are co-chairing the conference. Previous versions of this conference have drawn leading labour law academics from Canada, the US, Europe, and elsewhere.
Dr. Manfred Weiss (center right) will deliver the 4th annual Koskie Minsky University Lecture on Labour Law on the evening of Oct. 20, on the topic of Labour Law and the Future of Social Europe. The Saturday conference has four panels, with a number of distinguished speakers. The panel themes are:
- Equality and Discrimination in International Labour Law
- Creating a Fair Globalization
- Globalization, Labour Laws and Labour Markets: India, Mexico and South Africa
- Globalization, Labour Laws and Labour Markets: China
Dr. Manuela Tomei (right) from the ILO will be the featured speaker during the luncheon on Saturday.
The website for the Lecture and Conference, with a full listing of the program and registration information, can be found at Labour Law and the Global Workplace.
Susan Stabile Appointed to Named Professorship
Susan J. Stabile has been appointed the Dean George W. Matheson Professor of Law at St. John's University School of Law.
In her thirteen years at St. John’s, Professor Stabile has written dozens of law review articles, several book chapters, and numerous other publications, focusing largely on pension and employee benefits law. Her articles have appeared in New York University Law Review, Harvard Journal of Law and Public Policy, Yale Journal on Regulation, University of Michigan Journal of Law Reform, University of Pennsylvania Journal of Labor and Employment Law, Cornell Journal of Law and Public Policy, NYU Annual Survey of American Law, Notre Dame Law Review, Wake Forest Law Review, Connecticut Law Review, Cardozo Law Review, Villanova Law Review, Villanova Journal of Catholic Social Thought, Seattle Journal for Social Justice, St. John's Law Review, Journal of Catholic Legal Studies, The Catholic Lawyer, John Marshall Law Review, Employee Rights and Employment Policy Journal, and numerous other publications. She has also co-authored two books: the treatise ERISA Litigation (BNA 1st ed. 2003, 2d ed. 2005) and the casebook Pension and Employee Benefit Law (Foundation 4th ed. 2006).
Medical Research Supports the FLSA
Here's an article about medical research findings correlating higher blood pressure with the more hours that one works:
Workers who clocked more than 51 hours at the office each week were 29 percent more likely to have high blood pressure than those who worked 39 hours or less, a new study from California has found.
Interest in the topic began in Japan, they add, where a notoriously high-pressure work culture has given rise to a phenomenon known as Karoshi, or "sudden death from overwork." Today, Americans work longer hours than do Japanese, the researchers add.
Those who worked 40 hours per week were 14 percent more likely to have high blood pressure than people who worked 39 hours or less. Hypertension risk was 17 percent greater in those working 41 to 50 hours weekly, and 29 percent higher in those working 51 hours or more.
The researchers also found that hypertension was more common among clerical and unskilled workers than among professionals. This "suggests that occupations requiring more challenging and mentally active work may have a protective effect against hypertension," Yang and his colleagues write.
The article also points out that the United States is almost alone among developed countries not to have laws that absolutely limit the number of hours a person can work in a week. Although the Fair Labor Standards Act (FLSA) is suppose to give incentive to employers to spread work out once employees have to work more than 40 hours in a workweek by making them pay time and a half, it many times doesn't work out that way. Among the reasons is that it is sometimes more expensive to find and train new employees and provide them health and retirement benefits than just pay the existing worker the premium pay.
Studies like this make you wonder whether the government should paternalistically step in an adopt legislation limiting work hours or continue to regulate wages and hours through the FLSA scheme.
Avoiding That Afternoon Energy Slump
Thanks to Miriam Cherry (Pacific-McGeorge) for sending me this article about the difficulties people have being generally alert and having energy after lunch and what they may do about it.
Here's a taste:
Letting in a little extra light throughout the day may do more than just lift your spirits. It could make you more alert and help you avoid an afternoon energy slump.
The researchers exposed a group of people to 21 minutes of bright white light in the morning while they imaged their brains. Not only were the participants more alert, but responses in certain parts of their brain also got a boost.
The brain regions that were affected by light are also typically involved in attention and arousal regulation, Vandewalle told LiveScience. "So light affects these regulatory systems at the cerebral and behavioral level. This could be relevant for demanding jobs for example, usually performed by tired people."
Tired people can be found in offices everywhere from the equator, where the sun shines down directly, to the Artic Circle, where for half the year folks get much less direct sunlight.
"People stay inside most of the time everywhere on the planet," Vandewalle said, adding that people should expose themselves to natural light in all countries, since light outside is always brighter than what we get in offices.
David Gregory Appointed to Named Professorship
Congratulations to David L. Gregory, who has been appointed the Dorothy Day Professor of Law at St. John's.
Professor Gregory, a member of the law school’s faculty for more than 24 years, has written over one hundred articles and book chapters, as well as three dozen book reviews. His work has appeared in the main law reviews of Duke, Texas, Vanderbilt, George Washington, Wisconsin, UC-Davis, Washington & Lee, Boston College, William & Mary, Fordham, Tulane, Georgia, Arizona State, Connecticut, Maryland, Brigham Young University, Pittsburgh, San Diego, Alabama, Houston, Brooklyn, Temple, Villanova, Buffalo, Cincinnati, Denver, Nebraska, Santa Clara, Seton Hall, Syracuse, Catholic, Baylor, DePaul, Loyola-Chicago, St. John’s, and many others. Professor Gregory has also co-authored two books on labor relations and edited four others. He is a frequent media commentator on labor issues, especially in The New York Times, and his writing regularly appears in the popular press and has also organized many conferences over the years, including, most recently, a July 2006 conference in London on Transatlantic Perspectives on ADR.
Margaret Leibowitz to Visit at Wayne State
Margaret Leibowitz will be a Visiting Professor at Wayne State this academic year. Her area of expertise is Labor Law; she spent 18
years teaching at Cornell University’s School of Industrial and Labor
Relations. She is also an arbitrator and mediator of labor-management disputes
in the private and public sectors. Her undergraduate degree is from ILR
Cornell and her J.D. is from New York University School of Law.
August 29, 2006
DOL Proposes Rules to Expand Training Opportunities of Trade-Affected Workers
The U.S. Department of Labor today filed a notice of proposed rulemaking concerning management of the Trade Adjustment Assistance (TAA) Reform Act of 2002. The TAA program assists individuals who have become unemployed as a result of increased imports or shifts in production to foreign countries. TAA-certified workers may access a menu of services that include training, income support, relocation allowances, job search allowances, and a health insurance coverage tax credit.
Changes to the TAA regulations proposed today include flexible training options, including distance learning, enhanced training provider performance, and an equitable distribution of training funds to states. The proposed changes further integrate the TAA program with the One-Stop delivery system and other employment and training services.