Wednesday, September 25, 2013

Fordham Urban Law Journal Cooper-Walsh Symposium on Legacy Liabilities and Municipal Financial Distress

ConfThe Fordham Urban Law Journal's Cooper-Walsh Symposium this year is entitled: Legacy Liabilities and Municipal Financial Distress.  It will be held on Friday, October 11th from 10:00 am to 4:30 pm at the Fordham Law School, 140 West 62nd Street, Room 430 B/C.

I have the good fortune of being part of this Symposium and will present a paper based on my recent research on how employment claims are treated in insolvency proceedings and guarantee schemes around the world.  The hope is the provide U.S. policymakers some international benchmarks for the treatment of pension and wage claims in both corporate and municipal bankruptcy situations.

I will provide more information on my paper in coming weeks once I have posted a draft of the article, but for now here are the particulars for the Cooper-Walsh Symposium from the Journal website (including the program line up):

The sixth annual Cooper-Walsh Colloquium will address the effects of the rising costs of healthcare and pension plans on municipalities and their residents.  Every year, the Colloquium is dedicated to bringing attention to the policies and legal frameworks that will shape the future of American cities.  The Colloquium is organized in conjunction with Professor Susan Block-Lieb, the Cooper Family Chair in Urban Legal Issues, and Vice Dean Sheila Foster, the Albert A. Walsh Chair of Real Estate, Land Use, and Property Law.

The presenters will introduce their papers, followed by responses from commentators and round table discussions. The Fordham Urban Law Journal will publish the articles and responses in its Spring 2014 Cooper-Walsh Book.

To register, please contact Kristy Eagan, Cooper-Walsh Editor, at

In addition to myself, other presenters include Jack Beerman (BU), Melissa Jacoby (UNC), and Christine Chung (Albany). Opening remarks will be delivered by Richard Ravitch (former Lieutenant Governor of New York).


September 25, 2013 in Conferences & Colloquia, Pension and Benefits, Public Employment Law | Permalink | Comments (0) | TrackBack (0)

Monday, September 23, 2013

Western Ontario Law's Labour Law Lecture & Conference 2013: Rights at Work

RightsatWorkFriend of the blog, Michael Lynk (Western Ontario) sends news about the 8th Koskie Minsky University Lecture on Labour Law (Ocotber 25th) and the 8th Heenan Blaikie University Labour Law Conference on Saturday (October 26th), both of which will be held at Western Law School in London, Ontario on October 25-26, 2013.  The theme of this year's conference is Rights at Work. Here is the link to the conference website.   

And here is the conference blurb:

“We hired workers, and human beings came instead.”  — Max Frisch

Rights at work are among our most important and our most unacknowledged liberties in Canadian society. Important because work shapes our identity and occupies much of our waking hours. Unacknowledged because our workplace rights are seldom part of a larger public policy conversation. Yet advances in the workplace on such grounds as freedom of association, disability, gender, religion, race, sexual orientation, family status, contractual and statutory issues and international law have contributed greatly to the larger rights culture that Canada has embraced since we adopted the Charter of Rights and Freedoms in 1982.

The Lecture and Conference will explore the meaning and the sources of our rights at work, examine how these rights have grown and matured over the past 30 years, and assess how they interact with our rights in the broader society. Some of Canada’s most eminent judges, legal scholars and lawyers will share their insights and research. The discussions and debates from this event will contribute to the ongoing work of employers, unions, scholars, lawyers and industrial relations practitioners to define the ever-evolving nature of our rights and liberties at work. This event will be one of the most important dates on the national labour law and industrial relations calendar.

The 8th Koskie Minsky University Lecture on Labour Law will be delivered on the Friday evening (October 25th), to be given by Mr. Justice Thomas Cromwell of the Supreme Court of Canada. Before being appointed to the bench, Mr. Justice Cromwell was an academic and a labour arbitrator, making him one of three justices on the current SCC who have a labour law background.

The 8th Heenan Blaikie University Labour Law Conference on Saturday (October 26th)  will host four panels of scholars and practitioners who will explore a range of issues relating to Rights at Work, including sources of rights, constitutional sources and human rights sources.  Among the scholars who will be speaking are: Judy Fudge (University of Victoria), Keith Ewing (Ling’s College, London, UK), Nathalie des Rosiers (Dean, University of Ottawa) and Brian Etherington (University of Windsor).

The conference organizer would welcome labour law scholars from the US to attend. Registration forms can be found on the website.

So if you happen to be in Canada or have an interest in Canadian labor and employment law, this is a definite can't miss experience.


September 23, 2013 in Conferences & Colloquia, International & Comparative L.E.L. | Permalink | Comments (0) | TrackBack (0)

Call for Papers for Hofstra Labor & Employment Law Journal Symposium Issue on ACA and ADA

BooksOn behalf of the Hofstra Labor & Employment Law Journal, Jamie Haar (Managing Editor of Articles) invites interested law professors and practitioners to submit original articles for publication in the Journal’s symposium issue.

The Journal will be devoting its Spring 2014 issue to the topics that will be discussed at this year’s Symposium.  The Symposium will be dedicated to a practice-oriented and scholarly discussion on employer-regulated healthcare and the implications of employee leave and disability accommodations in the labor and employment law context.  The Jounral is seeking articles on the impacts and implications of the Affordable Care Act and the recent amendments to the Americans with Disabilities Act on labor and employment law. 

Submissions for article proposals or completed articles must be made by October 11th. Articles that need to be written should be completed by January 8, 2013.  Articles may not exceed fifty pages and must be a minimum of fifteen pages. Please send all submissions to Jamie Haar, Managing Editor of Articles, via email to


September 23, 2013 in Conferences & Colloquia, Pension and Benefits, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 11, 2013

SEALS Call for Labor and Employment Panels

The Southeastern Association of Law Schools (SEALS) blog posted a notice that panel and discussion group submissions are now being accepted for the 2014 Annual SEALS Conference in Amelia Island, Florida. Michael Green of Texas A&M Law will be coordinating the labor and employment submissions and you should email him at with any proposals that you might have.

Michael asked me also to drop a note to invite anyone who is interested in helping him coordinate the labor and employment submissions to let him know.

Here is the SEALS submissions link.

Please read the submission guidelines carefully before beginning the submission process.


September 11, 2013 in Conferences & Colloquia | Permalink | Comments (0)

Tuesday, September 3, 2013

Symposium Call for Participation: Title VII at 50

SymposiumSt. John's School of Law and NYU School of Law sent out this announcement:

Call for Participation

Symposium: Title VII at 50

Dates | Locations

Friday, April 4, 2014
St. John's School of Law
8000 Utopia Parkway
Queens, NY

Saturday, April 5, 2014
New York University School of Law
40 Washington Square South
New York, NY

Invitation to Participate
The St. John's Law Review, the Journal of Civil Rights and Economic Development (JCRED), and the St. John's Journal of International and Comparative Law, in conjunction with the NYU Center for Labor and Employment Law, the St. John's Center for Labor and Employment Law, The Ronald H. Brown Center for Civil Rights and Economic Development, and the St. John's Center for International and Comparative Law, invite legal educators, practitioners, and others to participate as panelists and speakers and to submit papers on a range of topics, including but not limited to:

  • The historical origins of Title VII and its current effectiveness
  • Reforms or amendments of Title VII in terms of its scope, implementation or interpretation
  • Important cultural, sociological, and societal changes wrought by Title VII
  • Title VII's international impact and import

Submission Guidelines
If you would like to participate in the symposium as a speaker, panelist or paper contributor, please review the full Call for Participation at and submit yourcurriculum vitae and an abstract of 250 words or less through the linked online abstract submission form by October 1, 2013. Selected participants must submit their finished papers by February 1, 2014. To include a broad range of papers, we ask that they be limited to a maximum of 8,000 words, exclusive of footnotes.

More Information
To learn more about the symposium, please contact May Mansour,St. John's Law Review Symposium Editor, or Stephanie Rainaud, JCREDSymposium and Executive Articles Editor,


September 3, 2013 in Conferences & Colloquia, Employment Discrimination | Permalink | Comments (0) | TrackBack (0)

Sunday, September 1, 2013

AALS Section Report Info

AALSIt's that time of year again . . . .  Brad Arehart and Jason Bent, Secretaries for the AALS Sections on Labor Relations & Employment Law and Employment Discrimination, respectively write to seek info on career moves, awards, conferences, and other reports of interest.  They're also looking for any publications out or forthcoming in 2013 and anyone who would be willing to write a short case brief for the annual section newsletters. From Brad & Jason:

Dear Colleagues:

It is time once again for the preparation of a joint annual newsletter for the AALS Section on Employment Discrimination and the Section on Labor Relations and Employment Law, and we need your help as readers and section members. Please forward this message to any and all people you know who teach or write in the Employment Discrimination, Labor Law, and Employment Law fields.

 First, if you have news of any faculty visits, lateral moves, entry-level hires, or promotions and tenure that are not listed in this Workplace Prof Blog post:, please e-mail that news to Jason Bent at

Second, please also e-mail Jason Bent with any information about conference announcements and calls for papers, employment or fellowship opportunities, honors and awards, and reports on recent conferences or other events of interest to the two Sections’ members.

Third, we want to include a list of relevant employment or labor law-related publications published in 2013.  Please hold your forthcoming 2014 publications for next year’s newsletter. These publications can be books, articles, and chapters. Please also send a list of your 2013 publications to Jason Bent.

 Fourth and finally, we want to solicit anyone who would be interested in writing a brief description of a recent important labor and employment case or any significant new labor or employment legislation. Your subject could be a recent Supreme Court decision (including either University of Texas Southwestern Med. Ctr. v. Nassar or Vance v. Ball State Univ.), a significant circuit court decision or emerging circuit split, a state supreme court decision, or an innovative and potentially influential new federal, state, or local law. The description should be fairly short (under 2 pages). If you're looking for an easy way to get your name out there or want a quick outlet for your ruminations about a case or new law, this could be a good opportunity. Just let us know what you are interested in writing about. Please send your submissions to Brad Areheart   

Please send all submissions by November 1, 2012.

Thank you very much for your help!

Best regards,

Jason Bent and Brad Areheart

Secretaries for the AALS Sections on Labor Relations & Employment Law and Employment Discrimination






September 1, 2013 in Conferences & Colloquia, Labor and Employment News | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 28, 2013

Latest Update on Eighth Annual Colloquium on Labor and Employment Law at UNLV Law

ConfSome additional details about the Eighth Annual Colloquium on Labor and Employment Law have been forwarded to us by one of the co-organizers at UNLV, Ruben Garcia.

He writes:

The Eighth Annual Colloquium on Current Scholarship in Labor and Employment Law will take place in Las Vegas September 27-28, hosted by the Boyd School of Law at UNLV.  The organizers are very excited about the entire program, but would like to note a few highlights:

Friday, Sept. 27, 12:30-2:30 PM:  Plenary Luncheon Panel, “Title VII at its 50th Anniversary and its Importance to Labor and Work Law”, featuring three leading scholars on Title VII of the Civil Rights Act and its intersections with multiple disciplines: Professor Paul Frymer, Princeton University; Professor Vicki Schultz, Yale Law School; Professor Tanya Hernandez, Fordham Law School; moderated by Professor Ann McGinley, UNLV Boyd School of Law.

Friday, September 27, 7 pm:  Dinner Program at Culinary Workers Union (CWU) Hall, Las Vegas, “Labor’s History and Future in Nevada:  From the Mines to the Casinos,” featuring historian Professor Michael Green, College of Southern Nevada; Secretary-Treasurer Geoconda Arguello-Kline, CWU Local 226 and members of Local 226; moderated by Professor Ruben Garcia, UNLV Boyd School of Law.

Saturday, September 27, 12:30-2:00 pm  Closing Luncheon and Presentation of the Paul Steven Miller Scholarship Award to Professor Marley S. Weiss,  Francis King Carey School of Law, University of Maryland.

The complete program and all details are here.

Needless to say, I am super stoked to be taking part in this year's festivities. If you look at the faculty presentations, you will see that the topics represent nearly every possible issue that concerns the law of the workplace.  This Colloquium is definitely one of the labor and employment law professor events of the year!  Congratualtions to Ann and Ruben for putting together an exceptional program.


August 28, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 20, 2013

AALS Labor & Employment Law Call for Papers

AALSPeggie Smith (Wash. U. & chair of AALS Section on Labor Relations and Employment Law) writes to let us know about that section's call for papers for this year's AALS Annual Meeting in New York.  The meeting is from January 2-5, 2014, and the title of the panel if "Making Visible the Invisible."  The announcement:

The Executive Committee of the AALS Labor Relations and Employment Law Section is seeking abstracts for papers to be presented at the AALS Annual Meeting in New York, NY.   The section program is entitled: Making Visible the Invisible.  The papers will be published in theEmployee Rights and Employment Policy Journal, a multidisciplinary peer-reviewed journal published by ITT Chicago-Kent College of Law.

The section program will focus on legal conceptualizations of work as they relate to various forms of invisible work performed both by individuals who labor without pay as well as those who, while paid, perform activities that are heavily marginalized as labor.   Panelists will consider how the law defines work, how those definitions influence our explicit and implicit understandings of work, the policy implications of those definitions and how the law can craft more inclusive definitions. Topics from leading scholars already committed to present include interns, care work, gold farming, and sex work.  We are seeking one additional speaker who will present on a relevant topic.  

The Labor Relations and Employment Law Section program takes place on Friday, January 3, 2014 from 10:30 to 12:15.

 Please submit an abstract of no more than 400 words and a resume to Section Chair Peggie Smith at by September 10, 2013.  Authors of selected abstracts will be notified before October 1, 2013.


August 20, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 31, 2013

Call for Papers for Third Annual ERISA, Employee Benefits, and Social Insurance National Conference

ConfI am happy to issue this invitation and call for papers for the Third Annual ERISA, Employee Benefits, and Social Insurance National Conference: Benefits Law at the Crossroads: Whither U.S. Employee Benefits and Social Insurance Law, a conference to be held on Friday, March 28, 2014, at Marquette University Law School in Milwaukee.

The conference is intended to provide an invited group of leading scholars and policy makers the opportunity to discuss current research and topics of interest involving employee benefit plans and social insurance.  You are welcome to participate either by presenting work in progress, moderating a panel, or simply by attending and participating in the discussion. The following are tentative topics to be discussed by separate panels:

Public Pensions, Bankruptcy and Federalism

Emerging Issues Surrounding Implementation of the Affordable Care Act

Theoretical Challenges to Current Retirement and Benefits Law Systems

Emerging ERISA Issues

Space on the program will also be provided for other benefits law-related topics that do not fit readily within any of the above descriptions.

If you are interested in attending the conference, I would greatly appreciate your indicating, as early as you can, the likelihood of your attendance.  Please email me at  While of course your plans may change, this preliminary information, however tentative, will help us in planning and making the conference arrangements.

To propose inclusion of your work on the conference program, please submit an abstract of 200-300 words and an/or outline of up to 3 pages to me via email and indicate which panel(s) your proposal fits within.  As indicated in the attached call for papers, the deadline for submitting an abstract is September 20, 2013.  Those participants whose papers are accepted will be asked to commit to finishing their manuscripts by March 1, 2014, in time to permit distribution to and review by other participants by the March 28th conference.


July 31, 2013 in Conferences & Colloquia, Pension and Benefits | Permalink | Comments (0) | TrackBack (0)

Friday, July 19, 2013

Call for Papers

The AALS Section on Women in Legal Education submits this call for papers that might be of interest to some of our readers:

Call for Papers Announcement

AALS Section on Women in Legal Education

"New Voices in Gender Studies"

AALS Annual Meeting

January 2-5, 2014

New York, New York

The AALS Section on Women in Legal Education will hold a program,  New Voices in Gender Studies, during the AALS 2014 Annual Meeting in New York City, whereby selected panelists Submissions should be of scholarship relating to: (1) women in legal education; (2) any aspect of women’s or men’s relationship to the law; or (3) gender, sexuality and the law.  There is a maximum 30,000 word limit (inclusive of footnotes) for the submission. Since this is a paper presentation opportunity, and not one for publication, submitted papers can be committed for publication prior to their submission, but cannot be actually in print prior to their submission. Each professor may submit only one paper for consideration.

Full-time faculty members of AALS member and fee-paid law schools, who have been teaching seven (7) or fewer years as of August 1, 2013, are eligible to submit papers. Foreign, visiting (and not full-time on a different faculty) and adjunct faculty members, graduate students, and fellows are not eligible. Faculty members who have presented their papers during previous New Voices in Gender Studies programs are also ineligible.

Papers will be reviewed anonymously. The manuscript should be accompanied by a cover letter with the author’s name and contact information. The manuscript itself, including title page and footnotes, must not contain any references that identify the author or the author’s school. The submitting author is responsible for taking any steps necessary to redact self-identifying text or footnotes.

To be considered, papers must be submitted electronically to Professor Wendy Greene, Samford University’s Cumberland School of Law, at The deadline for submission is Friday, August 30, 2013. Authors of selected papers will be notified by September 28, 2013.  Call for Paper participants will also be responsible for paying their annual meeting registration fee and travel expenses.

Papers will be selected after review by a sub-committee composed of Section on Women in Legal Education members. This is a wonderful showcase for junior scholars’ work on gender and women’s issues; therefore, if you have been teaching for seven (7) or fewer years, please consider submitting a paper.

Any inquiries about the Call for Papers should be submitted to:  Professor Wendy Greene, Samford University’s Cumberland School of Law, 205. 726. 2419 or


July 19, 2013 in Conferences & Colloquia, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 17, 2013

BJELL Call for Papers on Forced Arbitration

BerkeleyThe Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to examine forced arbitration of employment disputes and to explore the impact of this phenomenon on workplace rights. The goal of this symposium is to bring together academics, practitioners, and others in the legal community to engage in a thoughtful dialogue and help raise awareness about forced arbitration of workplace disputes.  The symposium is entitled Forced Arbitration in the Workplace: A Symposium.  Article drafts are due October 31, 2013; final articles are due January 3, 2014.  Here's the call for papers.  This looks fantastic!



July 17, 2013 in Arbitration, Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 9, 2013

Update on Eighth Annual Colloquium on Labor and Employment Law at UNLV: Abstract Deadline July 15th

UnlvFrom Ruben Garcia (UNLV) and Ann McGinley (UNLV), co-organizers of the Eight Annual Colloquium:

The Eighth Annual Colloquium on Current Scholarship in Labor and Employment Law will take place at the Boyd School of Law, University of Nevada Las Vegas, on Sept. 27-28. Monday July 15 is the deadline to submit an abstract for presentation! 

Once you register here, the system will send you a confirmation e-mail with a username and password to upload your abstract here.  

We are excited to welcome you to Las Vegas, a city that is a true laboratory for the 21st Century workplace. On Friday September 27 will be a special lunch panel on the 40th Anniversary of Title VII and a special dinner event that evening at the Culinary Workers Union Local 226 Hall.  The Colloquium continues Saturday September 28 with the lunchtime presentation of the Paul Steven Miller Scholarship Award.  The Colloquium will end by mid-afternoon on Saturday.

Title VII Symposium

A special part of the colloquium this year is an embedded symposium on Title VII at 50 Years.  We are having a special lunch panel that will discuss Title VII issues on Friday, September 27.  There will also be other panels on Title VII which will be part of the symposium.  If you are writing on a Title VII issue, we would love to have you submit a paper for the symposium.  The symposium will be published by the Nevada Law Journal in the Spring of 2014.  Colloquium attendees have publication priority in the Title VII symposium issue.  If you are interested in getting the priority treatment, submit your paper for the Title VII symposium by August 15. Submit the paper by visiting here.   

If your paper is not ready by August 15, we may still be able to accommodate you.  Please send an e-mail to Ann McGinley at to let me know the title, your intention to submit your paper for the Title VII symposium, and the date when your paper will be ready for submission. Papers should run about 20-30 law review pages in length.


If you have not already booked your hotel, we encourage all attendees to consider staying at the Elara Hotel, 80 E. Harmon Avenue, a unionized Hilton Grand Vacations Property in the center of the famous Las Vegas Strip. This is the only location on the Strip where shuttle buses to campus and the Culinary Union will pick up and drop off.  While negotiations with the Culinary Union are continuing with many of the other properties on the Strip, the Elara’s contract with the Union expires October 1, so we anticipate no labor problems with the Elara during the colloquium.  Other properties are classified by the Culinary as “at risk venues,” because the contract extensions that the Union has negotiated with other Strip properties can be terminated by either party with 14 days notice. Please see for more details.

Rooms in our block at the Elara can be reserved at conference rates by calling 1-877-651-4482, asking for the "William S. Boyd School of Law" rate.  A one night deposit is required.


July 9, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Monday, June 17, 2013

AALS Section on Employment Discrimination Law – Call for Papers for Panel on “Title VII at 50: Looking Forward, Looking Back"

ConfDeborah Widiss (Indiana-Bloomington) passes on a call for paper for the upcoming program of the AALS Section on Employment Discrimination Law – Title VII at 50: Looking Forward, Looking Back.”

Here is the annoucement:

The AALS Section on Employment Discrimination invites submissions for participation in a panel at the annual conference (Jan. 2-5, 2014) focused on Title VII’s fiftieth anniversary. The panel will bring together key leaders who helped shape Title VII’s early implementation, a current EEOC commissioner, and scholars to use this milestone year as an opportunity for looking both forward and backward at Title VII’s impact and its potential. Confirmed panelists include Alfred Blumrosen, Chai Feldblum, Trina Jones, and Bill Robinson. One additional panelist will be selected from the call-for-papers; junior scholars are particularly encouraged to submit proposals. Presenters may opt to publish their papers in the Employee Rights and Employment Policy Journal.  

The deadline for submissions is August 15, 2013. More details are available here. For more information, contact Deborah Widiss,


June 17, 2013 in Conferences & Colloquia, Employment Discrimination | Permalink | Comments (0) | TrackBack (0)

Wednesday, June 12, 2013

ADAPT Forum on Internships: Internships and Traineeships: Occupational Transition or Exploitation?

AdaptLots of news and cases these days around the world about the plight of unpaid interns.  Our friends at ADAPT send us word that they will be holding a forum on the issues surrounding this important labor and employment law topic.  The name of the forum is: Internships and Traineeships: Occupational Transition or Exploitation? Here is a description:

We are pleased to inform you that the Association for International and Comparative Labour Studies (ADAPT) has launched a new discussion forum on the contentious issues of internships and traineeships. In our opinion, debating this matter from an international and comparative perspective is the best way to reflect upon the central questions related to labour market regulation: What is the meaning and value of labour and which is its proper legal definition? In reference to internships and training, are we talking about work or a simple learning experience? Which is the legal definition and, consequently, the most effective way to regulate internship? According to the different definitions and purposes, shoul d internships be paid or unpaid? How to evaluate and certificate the competence gained after a period of an internship? Who monitors and controls the regularity and the quality of internships? Should internships be limited to school alternation or school-to-work transition only? Is it possible to utilize people’s work without a formal contract?

We do not have pre-determined answers to all these questions, yet we strongly believe that today’s improper use of internships will have serious consequences not only on young people but also on the future of our economies and on the development of a sound society. This is why we want to open this forum and ask your contribution and suggestions, in order to provide the right answers to such a complex issue. We are aware that an international and multi-disciplinary approach could help us to devise a theoretical framework and some practical solutions in order to avoid that such an important lever in terms of school-to-work transition degenerates into forms of exploitation of young people.

This is an open access 2.0 forum. A simple registration is required.

The solutions provided in this forum will be discussed during the upcoming international conference, Internship and Traineeship for Students and Young People, Training, School-to-Work Transition or Exploitation?, organised by our International PhD School on Human Capital Formation and Labour Relations on October 25-26, 2013 in Bergamo.

You are welcome to join us in this forum and attend the conference, also by submitting a contribution in response to our call for papers.

For further information, make contact with our staff at


June 12, 2013 in Conferences & Colloquia, International & Comparative L.E.L., Labor Law | Permalink | Comments (0) | TrackBack (0)

Monday, June 10, 2013


Submissions are due on Monday, June 17, 2013 for the Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum to be held October 11-12th. We welcome proposals from relatively junior scholars (untenured, newly tenured, or prospective professors) across the spectrum of Employment and Labor Law. Proposals should be 3-5 pages in length and can be submitted to me at


June 10, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Friday, June 7, 2013

Labor & Employment Roundup

NLRBIt's time for another labor and employment roundup:

  • Among the reasons for my needing to do a quick roundup is preparations for two summer conferences:

1.  The inagural Labour Law Research Network (LLRN) conference in Barcelona next week.  The program looks great, present company notwithstanding.

2.  The annual Southeastern Association of Law Schools (SEALS) conference, Aug. 4-10 in West Palm Beach (and to all those who are thinking boondoggle--yes, it's in a nice place, but we take over an entire Southern Florida hotel in August and, as a result, get incredibly cheap rates).  As has been the case for the last several years--primarily due to the work of Michael Green and Paul Secunda--there are numerous labor and employment panels (by my count, six panels with a primary L&E focus, plus many more related).  One new feature this year at SEALS is a "New Voices" series that involves a call for papers from scholars with five years or less experience to discuss works-in-progress with more senior faculty--we have a L&E New Voices panel with several great-looking papers.

  • The May unemployment numbers are in: 175,000 new jobs, with an 7.6% unemployment rate (up from 7.5% the month before).  The numbers look OK--a bit better than projected--and there seems to be a slight decrease in discouraged workers.
  • In a case in which Connecticut state employees challenged their dismissal, the Second Cir. granted summary judgment to the plaintiffs, holding that the layoffs targeted union members.  According to the court, this violated their First Amendment right to association and, in doing so, applied strict scrutiny.  Given that the standard for these cases has been a mess of late, expect a cert. petition and a decent likelihood of it being granted.
  • An employer recently settled charges that it fired two workers, and sued one of them, for filing charges with the NLRB.  In addition to paying $315,000, the employer agreed to drop the suit, rescind a wage-gag rule, and stop paying an attorney to represent employees in a coercive manner (the attorney claimed to represent the employees--allegedly via coercion--and required all contact with employees to go to him first.  Even by labor law standards, that's some pretty agressive action.

“This stuff is catnip for law nerds,” Washington lawyer John P. Elwood wrote in a post on the legal blog the Volokh Conspiracy — which, it should be said, is itself catnip for law nerds.

  • Speaking of the dysfunctional state of NLRB appointments, former member Peter Hurtgen suggests a temporary compromise of having only two Democratic and two Republic members.  I admire Hurtgen, but I'm not sure that having the White House give up its normal prerogative to have a majority on the NLRB solves anything--seems like it simply gives the minority party more incentive to block nominations.
  • Also, in NLRB news--the Board refused to adopt the General Counsel's suggestion to change the Spielberg/Olin arbitration deferral standards.  The GC wanted more limited deferral, to occur only when it is shown that the arbitrator adequately considered the statutory rights at issue.  Not entirely clear why the NLRB didn't agree, but it shows that descriptions of the NLRB as being a hack for union interests isn't accurate.
  • The Fourth Circuit recently issued a decision in a sexual harassment case in which the alleged harasser commited suicide after the accusation was made.  The court affirmed summary judgment for the employer in yet another case that shows, in spite of popular opinion, how difficult it is to win sexual harassment claims.

Hat Tip:  Jonathan Harkavy, Patrick Kavanagh, and others.


June 7, 2013 in Conferences & Colloquia, Employment Discrimination, Government Reports, Labor and Employment News, Labor Law | Permalink | Comments (4) | TrackBack (0)

Saturday, May 25, 2013

LawAsia Employment Conference

LawAsiaGreetings from the LawAsia Employment Conference in Siem Reap, Cambodia.  It never ceases to amaze me that the rest of the world is grappling with many of the same labor/employment issues as we in the U.S. are.  Here are some of the themes I've found most interesting so far; any of them would make a fascinating comparative LEL article.  If any blog readers are interested in connecting with Asian lawyers/professors on any of these topics, please let me know and I will happily make the connection.
  • LEL issues raised by facebook and other social media sites.  EVERY country in the world is dealing with the issue of how to deal with an employee who is fired for criticizing her boss/company. My favorite: the employee who "liked" a facebook friend's comment that the employee's boss "is as worthless as a chocolate teapot."
  • Outsourcing (e.g., to temporary staffing agencies) as a means of avoiding benefits and unfair dismissal protections required for "employees".
  • The disembowelment of trade unionism.
  • The difficulty of collective bargaining when the workers are in one country (with one set of laws and expectations) and ownership/management is in a different country.
  • The efficacy of labor tribunals / labor courts for resolving labor disputes.  
  • Negotiating in the shadow of "law" that is unenforced or a "judiciary" that is corrupt and easily bribed.
  • Sex discrimination laws, even if effective at addressing discrimination in urban employment settings, do little or nothing to address socially entrenched gender attitudes and employment practices in rural areas.


May 25, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

NYU Labor Center Events

NYU LawIn addition to the Annual Conference on Labor (focused on Regulation of Compensation) that we posted on earlier, NYU's Center for Labor & Employment Law is holding a conference on "Implications of the Affordable Care Act for Multi-Employer and Single-Employer Plans." The conference is on June 21, and you can see the program and more information here.

May 25, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Thursday, May 23, 2013

Call for Papers for International Comparative Sciences Symposium in Sofia, Bulgaria

ConfFrom friend of the blog, Dara Chernyeva, please consider the following international conference which touches on labor and employment law topics:

I'm writing to you to share the call for papers for a International Comparative Sciences Symposium in Sofia which is to be held in October this year. There are two sessions there which might be of interest to our colleagues:

- comparative law session;
- comparative labour studies session.

If you consider this event to be of possible interest to your colleagues working in the field of labour law (and possibly to your non-legal and/or non-labour-law colleagues as well), please feel free to share it with them. Please find below the third call for abstracts for this Symposium as forwarded to me by my Slovenian colleague and the link to the Symposium website.

The Symposium is a new initiative of the Bulgarian Comparative Education Society and our colleagues from the Society kindly asked me and other comparativists to share the information on this Symposium as widely as possible. We all know how difficult it may be sometimes to convene an international event for the first time at a national level. Therefore I believe it'd be a good idea to support this undertaking at least by spreading the information about it.

Here is the call for paper and conference website and registration information:

This is our Third Call for abstracts, full papers and roundtables to be submitted to the International Symposium on Comparative Sciences that will be organized by the Bulgarian Comparative Education Society and held in Sofia, Bulgaria, 8 - 11 October 2013. Please be informed that the abstract submission deadline is extended by 31 May.
This will be a forum where different comparative sciences can meet and discuss problems of common interest. Scholars from the following sciences are invited: Comparative Education, Comparative Psychology, Comparative Sociology, Comparative Religion, Comparative Linguistics, Comparative Literature, Comparative Civilization Studies, Comparative Mythology, Comparative Anthropology, Comparative Law, Comparative History, Comparative Labour Studies.
Hope you will find this Symposium productive and interesting. For more information please visit the Symposium website.


May 23, 2013 in Conferences & Colloquia, International & Comparative L.E.L. | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 22, 2013

Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum

Seton HallThe good folks at Seton Hall have just put out a call for proposals for the Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum.  This is a great event--basically the labor & employment version of the Stanford/Yale/Harvard Junior Faculty Forum--so all of you junior scholars should definitely considering submitting.  The info:


Call for Proposals:

Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum

Seton Hall Law School, October 11-12, 2013

Building on the successes of the last seven years, the Seton Hall Employment & Labor Law Scholars’ Forum will continue to provide junior scholars with commentary and critique by their more senior colleagues in the legal academy while offering more senior scholars an opportunity to understand and appreciate new scholarly currents. 

For the Scholars’ Forum, four relatively junior scholars (untenured, newly tenured, or prospective professors) will be selected to present papers from among the proposals submitted. Selections will reflect a wide spectrum of sub-disciplines within the field of Employment and Labor Law.

The event will be held at Seton Hall Law School, October 11-12, 2013.  As is our tradition, leading senior scholars from the legal academy will provide commentary on each of the featured papers in an intimate and collegial atmosphere.  Seton Hall will pay transportation and accommodation expenses, and will host a dinner on Friday evening.  

Junior scholars are invited to submit paper proposals, 3-5 pages in length, by Monday, June 17, 2013.

Proposals should be submitted to:

Professor Charles Sullivan, Seton Hall Law School, One Newark Center, Newark, NJ 07102 or 

Electronic submissions are preferred. Papers will be selected to ensure a range of topics. Selected presenters must have a distribution draft available for circulation to other forum participants by September 23, 2013.


May 22, 2013 in Conferences & Colloquia, Scholarship | Permalink | Comments (0) | TrackBack (0)