Wednesday, December 4, 2013
Although not a traditonal piece of labor and employment law scholarship, David Yamada (Suffolk) has written up a blog post on issues relating to intellectual activism and the role of academics as public intellectuals. It includes, among other things, a link to a short article David recently posted to SSRN, "If It Matters, Write About It: Using Legal Scholarship to Promote Social Change," which discusses how legal scholars can harness their scholarship for change initiatives and discusses some of the advocacy and public education work David has been doing on workplace bullying, unpaid internships, and other topics.
I thought this subject matter would be of interest to many readers of this blog, who through their own work seek to effect social change through intellectual activitism in the labor and employment law context.
Monday, November 25, 2013
Dana M. Muir (Stephen M. Ross School of Business at the University of Michigan) has just posted on SSRN her recently published piece in the Iowa Law Review entitled: Choice Architecture and the Locus of Fiduciary Obligation in Defined Contribution Plans.
Here is the abstract:
The insights of choice architecture have led to expanded use of default settings in defined contribution (DC) plans in both the United States and Australia. The two countries have taken somewhat similar approaches to the content of default investment products. However, they differ significantly in how they allocate the legal responsibilities associated with those default investment products. This paper compares the two approaches, particularly regarding the role of disclosure and the assignment of fiduciary responsibility. It concludes that Australia’s approach offers two lessons for the U.S. First, disclosure to and education of participants who are defaulted into investment products is inadequate to negate conflicts of interest and investment risk. Second, fiduciary responsibility for default investment products should be co-located with investment expertise and management. The paper suggests development of a new investment product, Safe Harbor Automated Retirement Products (SHARPs), based on these lessons.
I have had the privilege of reading this piece previously and like all of Dana's piece, it does a remarkable job identifying a problem based on a comparative analysis and then providing a practical, on-the-money solution to the problem that all ERISA stakeholders should be able to embrace as an effective approach to these problems with defined contribution plans. I hope there are perceptive legislators out there paying attention who will sponsor such legislation soon in order to improve the US occupational pension system for all workers.
Monday, November 18, 2013
Joseph E. Slater (University of Toledo College of Law) has posted on SSRN his recent piece in the Hofstra Labor and Employment Law Journal entitled: The Strangely Unsettled State of Public-Sector Labor in the Past Thirty Years.
Here is the abstract:
This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as if public-sector collective bargaining was widely (if not universally) accepted, and that it functioned fairly well, the next three decades featured surprising upheavals. Because there is so much variation within the public sector (it is mainly state and local law), there is no single story of the past three decades. This article discusses illustrative events in this period, events which helped shape the broader history of labor relations. It starts with early history of public-sector labor law, then moves to the last three decades. For the 1980s, it discusses two key (and contrasting) events of the early part of the decade: the crushing defeat of the PATCO strike, and the enactment of the Ohio public-sector labor statute. It then discusses some significant twists and turns in the 1990s. Moving to the twenty-first century, it discusses some (mostly positive) trends for public-sector unions in the first decade of the century, but then turns to the wave of anti-union legislation in 2011 and beyond — although even here, there are some developments in the other direction, e.g. union rights for TSA employees. These events feature defeats and victories over issues as basic as whether public employees should have the right to bargain collectively at all, and they have shaped the entire U.S. labor movement, including the public sector. The also show how public-sector labor relations remains a strangely unsettled issue. The final sections discuss the practical and theoretical policy issues at stake, and attempt to make some predictions for the future.
Joe is one of the preeminent public sector labor law scholar in this country, and I would highly recommend this very-readable piece to anyone who is trying to understand the on-going disputes over the place of public sector unions in American society. I have been front and center as far as the Wisconsin public sector union dispute is concerned since 2011 and am looking forward to reading Joe's piece in more depth to place my own experiences in historical perspective.
Thursday, November 14, 2013
Cunningham-Parmeter on Men at Work, Fathers at Home: Uncovering the Masculine Face of Caregiver Discrimination
Despite their many workplace advances, women remain constrained by an enduring social expectation that they will manage their families’ domestic lives. Women will not achieve full workplace equality until men do more at home, and men will not enter the domestic sphere if they face employment retaliation for doing so. Men at Work, Fathers at Home addresses this problem by critically evaluating the legal challenges that fathers and other male caregivers face in proving claims of workplace discrimination. Drawing from Supreme Court precedent and gender theory, the Article explains how masculine norms deter men from asserting their caregiving needs at work, while undermining their ability to prosecute discrimination claims in court. By examining how these men can combat biases against male caregiving, the Article seeks to advance the goal of gender equality for both sexes.
Friday, November 8, 2013
Our own Paul Secunda has a new paper available for download on SSRN: An Analysis of the Treatment of Employee Pension and Wage Claims in Insolvency and Under Guarantee Schemes in OECD Countries: Comparative Law Lessons for Detroit and the United States. Here is the abstract:
To put the plight of the Detroit city employees into an international and comparative context when it comes to considering how their pension and wage claims should be treated in bankruptcy, it is instructive to consider how similar employee pension and wage claims would be treated in corporate insolvencies in other countries. It is necessary to focus on corporate insolvencies in other countries as the relevant comparison because most other countries do not have government systems in which municipalities have the same financial independence to borrow money and take on debt as municipalities do in the United States as part of the municipal bond market. Additionally, exploring the corporate bankruptcy systems in other countries provides a beneficial way to consider how to approach municipal bankruptcy situations in the United States, especially since corporate and municipal bankruptcies in the United States have a number of features in common when it comes to employee creditor claims.
This article therefore undertakes a comparative analysis of the treatment of pension and wage claims in insolvency proceedings and under guarantee schemes in the thirty-four member countries of the Organization of Economic Cooperation and Development (OECD) to understand whether the United States’ approach to employee claims in bankruptcy (in both the corporate and municipal context) is consistent with international norms. After completing the comparative analysis (which is comprehensively set out in the Country-by-Country Appendix at the end of this paper), this article then highlights common approaches to these issues, as well as important distinctions, setting up a number of tables to summarize the results.
All in all, most OECD countries have adopted hybrid systems which combine both some form of priority for both pension and wage claims, as well as some form of guarantee fund to complement the insolvency system. It is especially important to have these guarantee funds in place because insolvency processes can last for years, while the guarantee schemes are more likely to pay employees their claims within weeks or months. Unfortunately, the United States provides only limited priorities in most bankruptcy proceedings (and no such wage or pension priorities in Chapter 9 municipal proceedings), a guarantee system under the Pension Benefit Guaranty Corporation (PBGC) that is limited to pension plans, and then only to private-sector defined benefit pension plans. Neither private-sector defined contribution plans nor public sector pension plans come under a guarantee scheme in the United States.
One possible approach to employee claims in both municipal and corporate bankruptcies would be to pass pension and bankruptcy reform laws similar to what Canada enacted in 2008 as part of its Wage Earner Protection Program Act (WEPPA). Unlike the American system, WEPPA provides limited absolute priorities for pension contributions and a broad array of wage claims in insolvency, as well as a robust wage guarantee scheme. As to the policy reasons supporting this approach, it appears that greater emphasis is placed on the need to protect the weakness of employees creditors in the insolvency process as opposed to focusing on the need to ensure the existence of cheap, accessible credit for companies and governments.
This article concludes that given the relative vulnerability of employees and the sophistication of most lenders, the United States should balance these interests to provide increased protection for employment claims during municipal and corporate insolvency proceedings through giving heightened priority treatment to employees pension and wage claims in bankruptcy in tandem with a federally-operated guarantee scheme for both pension and wages claims.
An important and timely topic, especially as the public pension crisis looms large in this country.
Wednesday, November 6, 2013
Malcolm Sargeant and Michele Tiraboschi of ADAPT in Italy have sent the latest issue of the E-Journal of International and Comparative Labour Studies, which is concerned with whistleblowing.
Malcolm and Michele would like to thank David Lewis and Wim Vandekerckhove who guest edited this edition, and the other authors for their excellent contribution.PS
Sam Bagenstos has brought to my attention his new article in the Michigan Law Review entitled: Employment Law and Social Equality.
Here is the abstract:
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation.
Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or entrenching social status hierarchies—and that it is justifiable even if it imposes meaningful costs on employers.
This Article argues that the social equality theory can help us critique, defend, elaborate, and extend the rules of individual employment law. It illustrates this point by showing how concerns about social equality, at an inchoate level, underlie some classic arguments against employment at will. It also shows how engaging with the question of social equality can enrich analysis of a number of currently salient doctrinal issues in employment law, including questions regarding how the law should protect workers’ privacy and political speech, the proper scope of maximum-hours laws and prohibitions on retaliation, and the framework that should govern employment arbitration.
Very interesting new meta-theory on what animnates employment law. As an ERISA guy, I think Sam's social equality theory equally applies to how the law should protect employee benefit plan participants and beneficiaries from opportunitistic behavior by plan administrators, plan sponsors, and their third party advisors and consultants.
An important new contribution to employment law theory that should be on the top of any workplace prof's reading list.
Tuesday, November 5, 2013
Marty Malin (Chicago-Kent) writes:
I am pleased to advise you that the law firm Jackson Lewis is again sponsoring and IIT Chicago-Kent College of Law is again administering the annual Louis Jackson Memorial National Law Student Writing Competition in Employment and Labor Law. Eligible are all students at ABA accredited law schools who have had at least one course in labor or employment law (defined broadly). Students may submit papers up to 35 pages in length. Entries are due January 21, 2014.
Entries are blind judged by a panel of five law professors. Netiher Jackson Lewis nor Chicago-Kent plays any role in judging the entries.
Attached is a flyer announcing this year's competition. Please
encourage your students to enter.
We use five judges and rotate one judge off the panel each year,. If any full time labor/employment law professor is interested in judging, please email me off list and I will add you to the list of interested judges.
Friday, November 1, 2013
Laura Cooper (Minnesota) sends word of the Annual Law Student Writing Competition sponsored by the American Bar Association Section of Labor and Employment Law and College of Labor and Employment Lawyers. Here's the pertinent information:
The American Bar Association Section of Labor and Employment Law and the College of Labor and Employment Lawyers have announced the rules and deadlines for their Annual Law Student Writing Competition. J.D. students at accredited U.S. law schools are eligible to enter. Entries may address any aspect of public or private sector labor and/or employment law relevant to the American labor and employment bar. Three prizes may be awarded by the College of Labor and Employment Lawyers: First Place: $1500, Second Place: $1000, Third Place: $500. The first-place winning article will be published in the ABA Journal of Labor & Employment Law and its author will be a guest at the annual CLE program of the ABA Section of Labor and Employment Law and honored at the Annual Induction Dinner of the College of Labor and Employment Lawyers. The deadline for submission of articles is Midnight (EDT) on May 15, 2014. Full competition rules are available here.
The first-place winner of the 2013 competition, Matthew S. Smith, a third-year law student at American University, will be honored November 9th at the College’s dinner in New Orleans for his article, A Matter of McKnight and ADAAA: Why Title I Protects Former Employees with Disability Who Receive Fringe Benefits.
Vol. 30, #2 (Spring 2013)
- Marcia L. McCormick, Gender, Family, and Work, p. 309.
- Brandan S. Maher, Thoughts on the Latest Battles over ERISA's Remedies, p. 339.
- Nantiya Ruan, Same Law, Different Day: A Survey Of the Last Thirty Years of Wage Litigation and its Impact on Low-Wage Workers, p. 355.
- Geoffrey Christopher Rapp, Four Signal Moments in Whistleblower Law 1983-2013, p.389.
- Richard A. Bales & Mark B. Gerano, Oddball Arbitration, p. 405.
- Nancy B. Schess, Esq., Then and Now: How Technology Has Changed The Workplace, p.435.
- Kathryn L. Moore, A Comparison of the Role of the Employer in the French and U.S. Health Care System, P.459.
- Laura McNeal, Total Recal: The rise and Fall of Teacher Tenure, p. 489.
- Joseph Slater, The Strangely Unsettled State of Public-Sector Labor in the Past Thirty Years, p. 511.
- Robert A. Kearney, The Future: They Will Lead; The Law will Follow, p. 543.
- Diana M. Cannino, Implementing A Long Term Work Visa Program to Document the Undocumented and Protect the U.S. Workforce, p. 547
- Matthew Crawford & Joshua Goodman, Below the Minimum: A Critical REview of the 14(c) Wage Program For Employees with Disabilities, p. 591.
Wednesday, October 30, 2013
Friend of the blog Marcy Karin (ASU) writes to remind us of a symposium/CLE that readers of the blog will be interested in, especially those of you in the New York area. On Friday, Hofstra's Labor and Employment Law Journal will be holding a symposium on health legislation and the workplace. Forging a Path: Dissecting Controversial Health Legislation in the Workplace. The symposium will take place at Hofstra University Club, David S. Mack Hall, North Campus, Hofstra University, on Friday, November 1, 2013, from 9 am to 3 pm.
The lineup is impressive. Here are the details:
Keynote Speaker: Phyllis Borzi, Assistant Secretary for Employee Benefits Security, U.S. Department of Labor
Panel 1: The Evolution of Anti-Discrimination Disability Laws: Defining Reasonable Accommodation and Disability
- Rick Ostrove ’96, Partner, Leeds Brown Law, PC
- Keith Frank ’89, Partner, Perez & Varvaro
- Marcy Karin, Clinical Professor of Law and Director, Work-Life Policy Unit, Civil Justice Clinic, Sandra Day O’Connor College of Law at Arizona State University
- Jeffrey Schlossberg ’84, Of Counsel, Jackson Lewis LLP
- E. Pierce Blue, Special Assistant and Attorney Advisor, Office of Commissioner Chai Feldblum, U.S. Equal Employment Opportunity Commission
Panel 2: Workplace Uncertainties Under the ACA: Preparing the Employer and Employee for the Road Ahead
- Jill Bergman, Vice President of Compliance, Chernoff Diamond & Co., LLC
- Steven Friedman, Shareholder and Co-Chair, Employee Benefits Practice Group, Littler Mendelson P.C.
Panel 3: The FMLA 20 Years Later: What Have We Learned and Where Do We Go From Here?
- Robin Runge, Professorial Lecturer in Law, George Washington University Law School
- Rona Kitchen, Assistant Professor of Law, Duquesne University School of Law
- Joseph Lynett, Partner, Jackson Lewis LLP
- Nicole Porter, Professor of Law, The University of Toledo College of Law
Registration is $100 per person. Includes continental breakfast, lunch and CLE credits. Free for Hofstra University students, faculty, staff and administrators.
Sponsored by: Littler Mendelson P.C.
October 30, 2013 in Conferences & Colloquia, Disability, Employment Discrimination, Faculty Presentations, Pension and Benefits, Scholarship, Worklife Issues, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 29, 2013
- Mark Anner, Jennifer Bair, & Jeremy Blasi, Toward Joing Liability in Global Supply Chains: Addressing the Root Causes of Labor Violations in International Subcontracting Networks, p. 1.
- Richard Croucher, Kyoung Eun Joung, & Lilian Miles, Evaluating South Korean Legal Channeels for Individual Employment Disputes Through Budd and Colvin's Framework, p. 45.
- Martin Dumas, Three Misunderstandings about Consumocratic Labor Law, p. 67.
- Loic Lerouge & L. Camille Hebert, The Law of Workplace Harassment of the United States, France, and the European Union: Comparative Analysis After the Adoption of France's New Sexual Harassment Law, p. 93.
- Virginia Doellgast, Disintegrating Democracy at Work: Labor Unions and the Future of Good Jobs in the Service Economy, reviewed by Sabine Blaschke, p. 123.
- Richard M. Locke, The Promise and Limits of Private Power: Promoting Labor Standards in the Global Economy, reviewed by Lance Compa, p. 129.
- Susan L. Kang, Human Rights and Labor Solidarity: Trade Unions in the Global Economy, reviewed by Jeffrey Hilgert, p. 135.
- Melanie Simms, Jane Holgate, & Edmund Heery, Union Voices: Tactics and Tensions in UK Organizing, reviewed by Peter Ikeler, p. 141.
- Rina Agarwala, Informal Labor, Formal Politics, and Dignified Discontent in India, reviewed by Jenny Jungehulsing, p. 145.
- Kathleen C. Schwartzman, The Chicken Trail: Following Workers, Migrants, and Corporations Across the Americas, reviewed by Bryant Simon, p. 151.
- Katherine V.W. Stone & Harry Arthurs (eds.), Rethinking Workplace Regulation: Beyond the Standard Contract of Employment, reviewed by Leah F. Vosko, p. 153.
Friday, October 18, 2013
Sandra Sperino (Cincinnati) sends word that on November 15, 2013, The Ohio State Law Journal will host a symposium titled “Torts and Civil Rights Law: Migration and Conflict.” Here's a description:
Increasingly, courts and commentators have labeled federal statutory anti-discrimination claims “torts” or “tort-like” claims, without thoroughly discussing the implications of this classification. Particularly since the U.S. Supreme Court’s 2011 ruling applying the controversial concept of “proximate cause” to a claim of employment discrimination, the lower courts have stepped up their efforts to reshape a number of anti-discrimination doctrines to align with general tort concepts, often with the effect of limiting the scope of statutory civil rights protection. Thus, tort law is playing a more prominent role in statutory interpretation under Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
This symposium will explore the theoretical and doctrinal affinities and tensions between tort and anti-discrimination law, while fostering dialogue between tort and anti-discrimination scholars.
The symposium is co-hosted by Sandra and Martha Chamallas (OSU), and the cast of speakers is very impressive.
Tuesday, October 15, 2013
Richard Kaplan (Illinois Law) has posted on SSRN his piece in the Elder Law Journal entitled: Financial Planning for the Non-Retiree.
Here is the abstract:
This article addresses the various options under Social Security, Medicare, and private retirement accounts that should be considered by individuals who are approaching or have reached their “retirement age” but plan to continue working. Specifically, the article considers Social Security’s bonuses for delaying Social Security retirement benefits and the related impact on a surviving spouse’s benefits, enrollment costs and delayed enrollment penalties in Medicare Parts A (hospital coverage), B (physicians’ fees), and D (drugs), and the penalty-free deferral of retirement plan distributions beyond age 70½.
Needless to say, this is a valuable contribution not just for social insurance law scholars, but for anyone who finds themselves confronting these types of decisions in their lives.
Monday, October 14, 2013
David Yamada has just posted on SSRN his article The Legal and Social Movement Against Unpaid Internships, (forthcoming, Northeastern University Law Journal), which emerged from a spring symposium at Northeastern Law. Here's the abstract:
Until very recently, the legal implications of unpaid internships provided by American employers have been something of a sleeping giant, especially on the question of whether interns fall under wage and hour protections of the federal Fair Labor Standards Act and state equivalents. This began to change in June 2013, when, in Glatt v. Fox Searchlight Pictures, Inc., a U.S. federal district court held that two unpaid interns who worked on the production of the movie “Black Swan” were owed back pay under federal and state wage and hour laws.
This Article examines and analyzes the latest legal developments concerning internships and the growth of the intern rights movement. It serves as an update to a 2002 article I wrote on the employment rights of interns, David C. Yamada, The Employment Law Rights of Student Interns, 35 Conn. L. Rev. 215 (2002). Now that the legal implications of unpaid internships have transcended mostly academic commentary, the underlying legal and policy issues are sharpening at the point of application. Accordingly, Part I will examine the recent legal developments concerning internships, consider the evolving policy issues, and suggest solutions where applicable.
In addition, the intern rights movement has emerged to challenge the widespread practice of unpaid internships and the overall status of interns in today’s labor market. Thus, Part II will examine the emergence of a movement that has both fueled legal challenges to unpaid internships and engaged in organizing activities and social media outreach surrounding internship practices and the intern economy.
David's article discusses legal developments as recent as this month. As he points out, there are now over a dozen pending intern lawsuits for unpaid wages, and it looks like this issue will be a lively one. Only two weeks ago a federal district court in New York held that an unpaid intern could not sue her internship provider for sexual harassment under the NYC Human Rights Law because the lack of compensation rendered her unable to meet the definition of an "employee". David wrote it up on his blog here.
Sunday, October 6, 2013
Catherine Fisk (University of California, Irvine School of Law) and Ben Sachs (Harvard Law) has recently posted on SSRN their forthcoming article in the U.C. Irvine Law Review entitled: Restoring Equity in Right to Work.
Here is the abstract:
Under United States labor law, when a majority of employees in a bargaining unit chooses union representation, all employees in the unit are represented by the union. Federal law, moreover, requires the union to represent all workers in a bargaining unit equally with respect to both collective bargaining and disciplinary matters. As a general rule, federal law enables unions to require employees to pay for the services that unions are obligated to provide them. Twenty-four states, however, have enacted laws granting union-represented employees the right to refuse to pay the union for the services that federal law requires the union to offer. As such, the intersection of federal labor law and state right to work laws results in a mandate that unions provide services for free to any employee who declines to pay dues.
This paper proposes three approaches to addressing this feature of U.S. labor law. First, the paper argues that under a proper reading of the NLRA states may not prohibit all mandatory payments from workers to unions. In particular, the paper shows that states must permit collective bargaining agreements requiring so-called objectors (or nonmembers) to pay dues and fees lower than those required of members. Second, the paper argues that in right to work states federal law ought to relax the requirement of exclusive representation and allow unions to organize, bargain on behalf of, and represent only those workers who affirmatively choose to become members. This proposal would implement a members-only bargaining regime in right to work states. Third, the paper contends that the NLRB ought to abandon its rule forbidding unions from charging objecting nonmembers a fee for representation services that the union provides directly and individually to them.
Given the recent discussion on this blog and elsewhere concerning the US Supreme Court recently taking cert. in the public sector, non-NLRA Harris case and the fragile continuing existence of Abood, this is a timely and relevant article providing a number of interesting theories on how right-to-work state laws and the NLRA should be interpreted so as to be consistent with one another and on how to provide a more equitable approach in this crucial area of labor law.
Thursday, October 3, 2013
The National Center for the Study of Collective Bargaining in Higher Education and the Professions housed at Hunter College, the City University of New York (CUNY) is conducting a Call For Papers for its 41st Annual National Conference: Achieving Successful Results in Higher Education through Collective Bargaining set for April 6-8, 2014 at the CUNY Graduate Center.
The National Center’s mission brings together academic managers, unionists, analysts and scholars in all of its activities, which include a national conference and workshops, publications, and training for grievance administration and arbitration. We seek collegial outcomes at our National Conference and in all our activities. An Advisory Board of ten academic administrators and an equal number of union leaders directs the National Center’s work. The annual National Conference is broadly attended by a national audience. Last year there were over 300 attendees.
Wednesday, October 2, 2013
Thanks to Susan Carle (American) for bringing to my attention that The Journal of Gender, Social Policy & the Law at American University Washington College of Law is currently compiling articles for a disability law themed issue, focused on new and cross-cutting developments in the field and how disability law intersects with other areas of law. Here is the Call for Papers which outlines what the Journal is looking for in greater detail.
The submission deadline for this volume is November 25, 2013 and the issue will be published in the late spring/early summer of 2014.
Submissions should be e-mailed to email@example.com. Any questions you have can also be directed to that e-mail.
Tuesday, September 24, 2013
Caroline Mala Corbin has posted a new article on SSRN. It's entitled Corporate Religious Liberty and it focuses on claims that corporations have made recently that their religious liberty requires that they be exempt from the contraception mandate instituted by the Obama Administration in accordance with the Affordable Care Act. Here is the abstract:
Do for-profit corporations have a right to religious liberty? This question is front and center in dozens of cases challenging the Obama administration’s “contraception mandate.” Whether for-profit corporations are entitled to religious exemptions is a question of first impression, and one the Supreme Court is likely to answer in the next few years. Most scholars writing on this issue argue, “yes,” they do have the right to religious liberty, especially after the Supreme Court recognized that for-profit corporations have the right to free speech in Citizens United.
This essay argues “no,” for-profit corporations do not and should not have religious liberty rights. As a matter of current law, neither the Free Exercise Clause nor the Religious Freedom Restoration Act recognizes the religious rights of for-profit corporations. Citizens United changes nothing in religious liberty jurisprudence, as its protection for corporate speech is based on the rights of audiences and not the rights of corporate speakers.
As a normative matter, for-profit corporations should not have free exercise rights. There is no principled basis for extending a purely personal right to profit-making corporations, and for-profit corporations cannot be equated to churches or other voluntary religious associations. Finally, granting religious exemptions to corporations risks trampling on the religious liberty of individual employees.
It looks like a very interesting read.
Monday, September 23, 2013
On 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 firstname.lastname@example.org.