Tuesday, May 26, 2015

LawAsia Employment Conference 2015

LawasiaOn the heels of Jeff's announcement of international labor conferences, Bernard Banks (Keily Thompson, New Zealand) writes to tell us of the LawAsia Employment Conference that will be held in Hanoi on 14 -15 August 2015. Here are the details:

The theme of the Hanoi conference  is: Free Trade Agreements and Trans National Employment –Legal Implications, and following the formal opening and keynote address there will be seven business sessions provisionally entitled: employment impacts of  FTAs –a regional overview;  immigration issues in trans  national employment;  minimum terms and conditions –employment obligations in host countries; liability for workplace injuries to trans national employees –issues and case studies;  cross border taxation issues for employers and employees; liability for actions  in host countries – employee obligations and employer liability;  and a concluding panel discussion and forum including an international round up of FTA employment  issues and contributions from delegates. We are in close liaison with the Vietnam Bar Federation which has  a co-hosting role.

rb

May 26, 2015 in Conferences & Colloquia, International & Comparative L.E.L., Scholarship | Permalink | Comments (0)

Tuesday, May 19, 2015

Critical New Scholarship

ExclamI haven't done a great job recently of keeping up with important scholarship in our field, but three articles posted over the last several weeks have particularly caught my attention:

  • Catherine Fisk (U.C.-Irvine) and Jessica Rutter (NLRB Honors Attorney), Labor Protest Under the New First Amendment, 36 Berkeley JLEL (2015). Catherine's scholarship over the last several years has focused on exposing the Supreme Court's inconsistent treatment of labor law under evolving constitutional law doctrine -- and how such inconsistency almost always disadvantages workers. This article is no different. Here, she argues that the Court's treatment of the NLRA's prohibition of 8(b)(7) picketing is unconstitutional speaker-based and content-based discrimination.
  • Michelle Travis (San Francisco), Disqualifiying Universality Under the Americans with Disabilities Act Amendments Act, __ Mich. St. L. Rev. ___ (2015). The ADAAA removed the Supreme Court's extraordinarily restrictive definition of "disability", which for years made the ADA a toothless disability-rights statute. Now employers and courts are attempting to use the statute's "otherwise qualified" and "essential job functions" provisions to again constrain the ADA. Michelle demonstrates that employers and courts are using these provisions to entrench able-bodied norms into seemingly neutral job descriptions and workplace designs. This effectively shifts disability stereotypes away from individuals with disabilities and onto the definition of work itself, which may render those stereotypes even more difficult to recognize and disrupt.
  • Edward A. Zelinsky (Cardozo), Retirement in the Land of Lincoln: The Illinois Secure Choice Savings Program Act, __ U. Ill. L. Rev. ___ (2015). Illinois has now become the first state to legislatively enact a state-mandated, state-operated retirement system for private employers. It will not be an ERISA-regulated employee benefit plan but, rather, will be an IRA payroll deposit arrangement. Is this the next wave?

rb

May 19, 2015 in Scholarship | Permalink | Comments (0)

Monday, May 4, 2015

O'Brien on Purple Communications

O'BrienChristine Neylon O'Brien (Boston College School of Management) has just posted on SSRN her article (forthcoming 66 Lab. L.J. (2015)) Am I Blue or Seeing Red? The NLRB Sees Purple When Employer Communication Policies Unduly Restrict Section 7 Rights. Here's the abstract:

This paper analyzes the National Labor Relations Board’s recent Purple Communications decision. There, the Obama Board found Purple Communication’s restrictions on employee use of its email system violated the National Labor Relations Act as employees were authorized to use the employer email system for work purposes but prohibited from using the email for concerted activities on nonworking time. The Purple Communications ruling has broad significance for employer email policies in the private sector because Section 7 of the NLRA protects employee rights to engage in concerted activity whether employees are unionized or not. The decision specifically overturned the Bush Board’s 2007 holding in Register Guard that employer property rights took precedence over employee Section 7 rights to communicate on employer email systems. This paper evaluates the parameters and implications of the Board’s recent decision on email, including the concerns raised by the dissenters regarding the application of the Board's rebuttable presumption. Practical solutions are recommended.

rb

 

May 4, 2015 in Labor Law, Scholarship | Permalink | Comments (0)

Thursday, April 30, 2015

Call for Papers: Marco Biagi Foundation

Susan Bisom-Rapp (Thomas Jefferson) sends along the annual call for papers for the 14thInternational Conference in Commemoration of Professor Marco Biagi and the Fifth Young Scholars’ Workshop in Labour Relations.  The theme of the 2016 conference is Well Being At and Through Work, a topic that could not be more timely given the lingering effects of the global economic crisis on working people.  In addition, in connection with the Young Scholars’ Workshop, this year the Foundation is awarding a Marco Biagi Prize, which will allow the author of the best paper to take up a three-month residence at the Foundation and comes with a prize of 3500 euros. 

For more details, see the Conference call for papers, Download Marco Biagi Conference 2016, and the Young Scholars call for papers,  Download Call YSW 2016.

MM

April 30, 2015 in Conferences & Colloquia, Faculty Presentations, International & Comparative L.E.L., Scholarship | Permalink | Comments (0)

Tuesday, April 28, 2015

Tenth Annual Colloquium Registration Open

WPBDeborah Widiss (Indiana) has good news to share:

The annual Colloquium on Scholarship in Employment and Labor Law (COSELL) will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience.

 Registration is now open at: http://www.law.indiana.edu/cosell.

 If you’re planning to come, please go ahead and register now; you can fill in details about the project you will present later in the summer.

 The conference is free, and we will provide all meals during the conference. Travel & hotel information is found on the website.

 Please feel free to contact any of us with questions.

 We will look forward to hosting you in Bloomington!

MM

April 28, 2015 in About This Blog, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0)

Tuesday, March 31, 2015

Senior Fullbright Scholar award for Secunda

SecundaCongratulations to blogger emeritus and our friend Paul Secunda (Marquette), who has been awarded a Senior Fullbright Scholar award for this fall. He will be teaching and conducting research on the national pension program in Australia. Paul will become a senior fellow at the Melbourne University Law School, teaching courses and conducting  research on the Australian Superannuation workplace pension system, which is widely considered to be a global benchmark for workplace pension programs. You can get more detail from Marquette's press release.  Great work, and wonderful news, Paul!

MM

March 31, 2015 in Faculty News, International & Comparative L.E.L., Pension and Benefits, Scholarship, Teaching | Permalink | Comments (2) | TrackBack (0)

Sunday, March 1, 2015

Zelinsky Offers a Solution to Hobby Lobby

ZelinskyEdward Zelinsky (Cardozo) has just posted on SSRN his article (42 Rutgers Law Record 109-25) The Aftermath of Hobby Lobby: HSAs and HRAs as the Least Restrictive Means. Here's an excerpt from the abstract:

In Burwell v. Hobby Lobby Stores, Inc., the U.S. Supreme Court held that, under the Religious Freedom Restoration Act of 1993 (RFRA), closely-held corporations’ employer-sponsored medical plans need not provide forms of contraception to which the shareholders of such corporations object on religious grounds. The question now arises how the President, the Congress and the Departments of Health and Human Services (HHS), Treasury and Labor ought to respond to the Hobby Lobby decision.

The best alternative is to require any employer which objects to providing contraception to fund for their respective employees independently-administered health savings accounts (HSAs) or health reimbursement arrangements (HRAs). An HSA or HRA permits the covered employee to spend employer-provided, pre-tax health care dollars on any medical service the employee chooses without implicating the employer in the employee’s spending decision. The HSA/HRA alternative respects the religious rights of sponsoring employers since, unlike conventional insurance or self-insured health plans, the sponsoring employer’s plan does not provide a menu of choices which frames the employees’ decisions. Simultaneously, the HSA/HRA approach respects the autonomy of employees to spend health care dollars on whatever medical services such employees select including services to which the employer objects.

* * *

rb

March 1, 2015 in Pension and Benefits, Scholarship | Permalink | Comments (0) | TrackBack (0)

Compa & Brooks on NAFTA & Labor

NAFTA and the NAALCLance Compa and Tequila Brooks have just published NAFTA and the NAALC Twenty Years of North American Trade-Labour Linkage (2015). Here's a description from the authors:

The 20th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations by Lance Compa and Tequila Brooks provides an up-to-date retrospective on all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada and the Washington Apple and DeCoster Egg cases in the United States as well as more recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US. In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 20 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition which was dual filed under both mechanisms. Finally, the 20th edition introduces a new chapter that compares labour provisions in US and Canadian free trade agreements negotiated since 2000 and discusses recent labour petitions filed under the US-Central America-Dominican Republic Free Trade Agreement (CAFTA-DR) and US free trade agreements with Bahrain and Peru.

rb

March 1, 2015 in Book Club, Scholarship | Permalink | Comments (0) | TrackBack (0)

Herbert & McNally on Just Cause and Social Networking

HerbertBill Herbert (Hunter College) and Alicia McNally (New York State PERB) have just posted on SSRN their article, Just Cause Discipline for Social Networking in the New Gilded Age: Will the Law Look the Other Way?.  The abstract:

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The advent of social media and the decline of job security have created a perfect storm that raises the question of whether labor law will look the other way when it comes to the principles of workplace fairness and justice.

The article begins with President William McKinley’s introduction of the doctrine of just cause discipline into American labor law in 1897, during the Gilded Age, at the same time that the common law at-will doctrine was continuing to gestate. McKinley’s unilateral executive action established principles that remain the cornerstone of just cause discipline: proper notice, a fair evidentiary investigation, an opportunity to be heard, and nondiscriminatory treatment. The article then turns to the development of just cause standards in the 20th Century, which added other elements such as notice of workplace policies and the use of progressive discipline. Lastly, the article examines how just cause principles should be applied to allegations of electronic misconduct in the New Gilded Age to ensure reasonable and prudent disciplinary results, employee acceptance of adverse employment decisions, and a decreased likelihood of litigated claims of unlawful discrimination.

I'll confess that I was totally unaware of McKinley's action.  Learn about that move and the intersection of just cause and technology in this interesting article.

-JH

March 1, 2015 in Labor and Employment News, Labor Law, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, February 13, 2015

How Well Does the Implicit Association Test Predict Discrimination? The Latest Round

    While the idea of implicit bias pervades discussions about employment discrimination and employment discrimination law, researchers continue to fight about how well the Implicit Association Test (IAT)—perhaps the most prominent measure of such bias--predicts how people actually behave.  Here are scenes from the latest round:

    Anthony Greenwald, Mahzarin Banaji, and Barry Nosek have posted “Statistically small effects of the Implicit Association Test can have societally large effects,” forthcoming in the Journal of Personality and Social Psychology (2015).  There, they dispute Oswald, Mitchell, Blanton, Jaccard, and Tetlock (2013), who found, in a meta-analysis of IAT studies, a lower average predictive validity correlation for IAT measures involving Black-White racial attitudes and stereotypes than reported in Greenwald, Poehlman, Uhlmann, and Banaji (2009).  Oswald et al. have posted a reply.

    Hart Blanton, James Jaccard, Erin Strauts, Gregory Mitchell, and Phillip Tetlock have also posted “Toward a Meaningful Metric of Implicit Prejudice,” forthcoming in the Journal of Applied Psychology.  Here’s the abstract:

The modal distribution of the Implicit Association Test (IAT) is commonly interpreted as showing high levels of implicit prejudice among Americans. These interpretations have fueled calls for changes in organizational and legal practices, but such applications are problematic because the IAT is scored on an arbitrary psychological metric. The present research was designed to make the IAT metric less arbitrary by determining the scores on IAT measures that are associated with observable racial or ethnic bias. By reexamining data from published studies, we found evidence that the IAT metric is “right biased,” such that individuals who are behaviorally neutral tend to have positive IAT scores. Current scoring conventions fail to take into account these dynamics and can lead to faulty inferences about the prevalence of implicit prejudice.

    Finally, Allan King, Gregory Mitchell, Richard Black, Catherine Conway, and Julie Totten have posted “Discovery and the Evidentiary Foundations of Implicit Bias,” Employee Relations Law Journal 40 (Winter 2014): 4-33.  Here’s the abstract:

This article documents the extent to which expert opinions regarding implicit bias rely on research that evades careful scrutiny by either the academic journals or the courts that admit the expert’s testimony, discuss the arguments that shield the data underlying research from discovery, argue for discovery of secondary data notwithstanding the arguments against disclosure, and argue for excluding expert testimony that relies on data beyond the reach of the opposing party.

Note: Of this paper’s authors, most are lawyers who typically represent large employers: King and Black at Littler Mendelson; Conway at Gibson, Dunn, and Crutcher; and Totten at Orrick, Herrington and Sutcliffe. Mitchell is a professor at the University of Virginia Law School and a co-author of some of the other papers cited above.

 

--Sachin Pandya

February 13, 2015 in Employment Discrimination, Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, December 14, 2014

Sperino & Thomas: SCOTUS is Faking It

Sperino ThomasSandra Sperino (Cincinnati) and Suja Thomas (Illinois) have just posted on SSRN a powerful new indictment of Supeme Court LEL jurisprudence, Fakers and Floodgates (Stanford J. Civil Rights & Civil Liberties 2014). Here's the abstract:

There has always been the possibility of judicial skepticism about employment discrimination claims. Recently, the Supreme Court made this skepticism explicit. In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court expressed concern about fake claims and floodgates of litigation. It then used these arguments to tip the substantive law against retaliation claims. This article responds to this explicit skepticism about discrimination claims. First, it shows that the Court created reasons to limit retaliation claims that are not tied to congressional intent. Second, the factual claims that the Court makes are not grounded in evidence, and available information suggests the opposite conclusion. Third, a change to the substantive law will not prevent spurious claims. Fourth, the fakers and floodgates arguments could become accepted and embedded in judicial doctrine. Finally, it shows that Nassar is symptomatic of the broader issue that courts use procedure and substance to impede factually intensive civil rights claims.

rb

December 14, 2014 in Employment Discrimination, Scholarship | Permalink | Comments (0) | TrackBack (0)

Saturday, December 6, 2014

Zero-Hour Contracts: The Newest Way Workers Are Getting Screwed

0A zero-hour contract is a "contract" of employment creating an on-call arrangement between employer and employee and in which the employer asserts it has no obligation to provide any work for the employee. It's become common in the United Kingdom, and apparently is being "offered" to employees by many American-owned companies including McDonald's and Burger King. In many ways, it's similar to just-in-time scheduling that has become increasingly common in the U.S. retail/fast-food economy, except that in some weeks an employee many receive zero work hours.

Ewan McGaughey (King's College London) has just posted on SSRN his essay Are Zero Hours Contracts Lawful? Here's the abstract:

Are zero hours contracts lawful? This note responds to the DBIS consultation on banning exclusivity clauses (August 2014). It asks the following: what is a zero hours contract? To what extent are zero hours contracts legal? Why have zero hours contracts spread? And finally, what is the right thing to do?

Lovely.

rb

December 6, 2014 in International & Comparative L.E.L., Scholarship, Wage & Hour, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Lee on Criminalizing Wage Theft

LeeStephen Lee (Irvine) has just posted on SSRN his essay (forthcoming Irvine L. Rev.) Policing Wage Theft in the Day Labor Market. The toic is one with which -- until I read his essay -- I was unfamiliar. Here's an excerpt of his abstract:

In recent years, workers’ rights advocates have turned to a novel tactic in the fight against employer exploitation: pushing for the criminalization of wage theft.... In this Essay, I focus on the challenges of enforcing wage theft laws within those industries dependent on unauthorized immigrant labor. I argue that federal immigration enforcement programs — ranging from funding inducements to information-sharing schemes to collateral penalties — dampen the promise of turning to the police as allies in the effort to eradicate wage theft.... My point here is not to dissuade labor rights advocates from ever turning to the criminal justice system for help in the fight against workplace exploitation. But assessing whether the police can solve the problem of wage theft in the day labor market requires further study. Thus, I conclude the Essay with a research agenda of sorts in which I lay out further research trajectories to help answer the question of when policing wage theft can be both effective and desirable.

rb

 

December 6, 2014 in Scholarship, Wage & Hour | Permalink | Comments (0) | TrackBack (0)

Thursday, December 4, 2014

Higher Education Conference and Archives

HunterBill Herbert writes to inform us about a couple of announcements from the The National Center for the Study of Collective Bargaining in Higher Education and the Professions.  The first is the Center's 42nd Annual Conference, at the CUNY Graduate Center in NYC, from April 19-21, 2015.  The topic is "Thinking about Tomorrow: Collective bargaining and Labor Relations in Higher Education.  As you can see from the conference website, there is an impressive list of panels and speakers.

Also, the Center has made available online all of its bimonthly newsletters from 1973-2000.  The website containing the archive notes:

Between 1973 and 2000, the National Center published a bimonthly newsletter with contributions from directors and newsletter editors Maurice Benewitz, Thomas Mannix, Theodore H. Lang, Aaron Levenstein, Joel M. Douglas, Frank R. Annunziato and Beth H. Johnson. In addition, issues of the newsletter included contributions by other scholars including Clark Kerr, Fred Lane, Clara Lovett, Stephen Joel Trachtenberg, Myron Lieberman, Irwin Polishook, Matthew Finkin, Richard W. Hurd and Richard Chait.

Over its 27 year publication history, the newsletter contained articles, analysis and data on subjects that continue to be topical in higher education and the professions including: the impact of the Supreme Court’s Yeshiva University decision, the organizing and representation of adjunct faculty and graduate students, academic freedom and tenure, shared governance, discrimination and faculty strikes. The final issue of the newsletter appeared in 2000 with excerpts of a speech given by then AFL-CIO President John J. Sweeney at the National Center’s 28th annual conference as the first annual Albert Shanker Lecture.

-JH

December 4, 2014 in Conferences & Colloquia, Labor and Employment News, Labor Law, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, December 3, 2014

Call for Papers: Thirteenth Amendment, Class, and Labor

Scholarly writingRebecca Zietlow (Toledo) sends along this call for papers: 

Call for Papers

Sesquicentennial Conference:

The Thirteenth Amendment through the Lens of Class and Labor

Approaching the 150th anniversary of the Thirteenth Amendment, we find ourselves in a period of heightened concern about issues of economic inequality. If any provision of the United States Constitution speaks to those issues, it is the Thirteenth Amendment. The Amendment’s proponents maintained that it established “freedom” and a “free labor system,” a view eventually accepted by the U.S. Supreme Court. Beginning after the turn of the millennium, Congress has drawn on the Amendment to support legislation outlawing the “new slavery,” including – for the first time – forms of labor control other than physical force or legal compulsion. Conversely, state governments have cited
the Amendment’s punishment clause to justify forced labor by prisoners in a rapidly growing archipelago of private prisons and prison industries.

Paper proposals should focus on the Thirteenth Amendment and include class or labor as an important theme. Proposals addressing the relations (including relative priorities) and intersections of race, gender, and sexual orientation with class or labor are strongly encouraged. Proposals should be e-mailed to Rebecca.zietlow@utoledo.edu by January 10, 2015. We anticipate that the papers will be published in a law review symposium issue.

The Thirteenth Amendment Through The Lens of Class and Labor Conference is sponsored by the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law, the Seattle University School of Law, and the University of Washington School of Law. The conference will be held at the Seattle University School of Law on May 31- June 1, 2015, immediately following the annual meeting of the Law & Society Association.

Planning Committee for the Sesquicentennial Conference on the Thirteenth Amendment through the Lens of Class and Labor:

Charlotte Garden (Seattle University School of Law)

Darrell A.H. Miller (Duke University School of Law)

Maria Linda Ontiveros (University of San Francisco School of Law)

James Gray Pope (Rutgers University School of Law)

Aviam Soifer (William S. Richardson School of Law)

Lea VanderVelde (University of Iowa College of Law)

Ahmed White (University of Colorado School of Law)

Rebecca E. Zietlow (University of Toledo College of Law)

Looks like a great opportunity.

MM

December 3, 2014 in Conferences & Colloquia, Faculty Presentations, Labor/Employment History, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, December 1, 2014

AALS workplace sections joint newsletter

Aals Thanks to Monique Lillard (Idaho), chair of the AALS Labor Relations and Employment section and Natasha Martin (Seattle), chair of the AALS Employment Discrimination section for sending along the joint newsletter of the two sections for posting. Download it while it's hot:  Download Joint Newsletter for AALS Sections

MM

December 1, 2014 in Disability, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor and Employment News, Labor Law, Public Employment Law, Scholarship, Teaching, Wage & Hour | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 25, 2014

Ford: How Do We Define Stuff Like "Discrimination"?

FordRichard Ford (Stanford) has just posted on SSRN his article (forthcoming Stanford L. Rev. 2014) Bias in the Air: Rethinking Employment Discrimination Law. Here's the abstract:

Employment discrimination jurisprudence assumes that key concepts such as “discrimination,” “intent,” “causation,” and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise definition. Drawing on familiar developments in private law, such as the legal realist critique of objective causation in torts, I argue that, in practice, the central concepts in antidiscrimination law do not describe objective phenomena or facts at all; instead, they refer to social conflicts between employer prerogatives and egalitarian goals. Ironically, at its best, employment discrimination law does not really prohibit discrimination; instead it imposes a duty of care on employers to avoid decisions that undermine social equality. This suggests that attempts to improve employment discrimination law by making it more attentive to “the facts” — for instance, refining causation in mixed-motives cases using quantitative empirical methods or defining discriminatory intent according to innovations in social psychology—are unlikely to be successful, because these facts are not really at the center of the dispute. Instead, we could better improve employment discrimination law — making it more successful as an egalitarian intervention and less intrusive on legitimate employer prerogatives — if we abandoned attempts to precisely define concepts such as “objective causation” and “discriminatory intent” and instead focused on refining the employer’s duty of care to avoid antiegalitarian employment decisions.

rb

November 25, 2014 in Employment Discrimination, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, November 10, 2014

Wage Theft in San Francisco's Chinatown

    More evidence of the adverse health effects of wage theft, this time from a case study of San Francisco’s Chinatown:  Meredith Minkler et al., “Wage Theft as a Neglected Public Health Problem: An Overview and Case Study From San Francisco’s Chinatown District,” American Journal of Public Health 104(6) (June 2014): 1010-1020.  Here’s the abstract:

 Wage theft, or nonpayment of wages to which workers are legally entitled, is a major contributor to low income, which in turn has adverse health effects. We describe a participatory research study of wage theft among immigrant Chinatown restaurant workers. We conducted surveys of 433 workers, and developed and used a health department observational tool in 106 restaurants. Close to 60% of workers reported 1 or more forms of wage theft (e.g., receiving less than minimum wage [50%], no overtime pay [> 65%], and pay deductions when sick [42%]). Almost two thirds of restaurants lacked required minimum wage law signage. We discuss the dissemination and use of findings to help secure and enforce a wage theft ordinance, along with implications for practice.


(The paper identifies wage theft to include the employer’s failure to provide sick leave under a mandatory paid sick leave law.)  Based on their findings, the study authors estimate that in 2008, the roughly 2,500 restaurant workers in Chinatown lost over $10 million in wages—over $8.5 million attributable to minimum wage violations alone.

 

 --Sachin Pandya

November 10, 2014 in Scholarship, Wage & Hour | Permalink | Comments (0) | TrackBack (0)

Monday, October 6, 2014

SEALS call for participants

SEALS 2015The Southeastern Association of Law Schools holds its annual meeting every summer at the end of July/beginning of August, and planning for next year's programming has started. For the past several years, a workshop for labor and employment law has taken place over several of the days. Michael Green (Texas A & M) is helping to organize the workshop for next summer. If you are interested in participating, feel free to get in touch with him: mzgreen@law.tamu.edu. Some suggestions already made include panels or discussion groups on whistleblowing, joint employer issues, termination for off-duty conduct (including recent NFL scandals), disability and UPS v. Young, and a junior scholars workshop.

One additional piece of programming already proposed is a discussion group on attractiveness issues in Employment Discrimination cases. Wendy Greene is helping to organize it, so get in touch with her if you are interested in participating on that topic.

And regardless of whether you get in touch with Michael or Wendy, you should think about proposing programming for the annual meeting if you are at all interested and regardless of the topic. The meeting is surprisingly (because of the lovely environs) substantive, and the environment is very relaxed and is designed to be egalitarian.  Here are the details:

The SEALS website www.sealslawschools.org is accepting proposals for panels or discussion groups for the 2015 meeting which will be held at the Boca Raton Resort & Club http://www.bocaresort.com/  Boca Raton, Florida, from July 27 to Aug. 2.  You can submit a proposal at any time.  However, proposals submitted prior to October 31st are more likely to be accepted.

This document explains how to navigate SEALS, explains the kinds of programs usually offered, and lays out the rules for composition of the different kinds of programming: Download Navigating submission. The most important things the Executive Director emphasizes are these:  First, SEALS strives to be both open and democratic.  As a result, any faculty member at a SEALS member or affiliate school is free to submit a proposal for a panel or discussion group.  In other words, there are no "section chairs" or "insiders" who control the submissions in particular subject areas.  If you wish to do a program on a particular topic, just organize your panelists or discussion group members and submit it through the SEALS website.  There are a few restrictions on the composition of panels (e.g., panels must include a sufficient number of faculty from member schools, and all panels and discussion groups should strive for inclusivity).  Second, there are no "age" or "seniority" restrictions on organizers.  As a result, newer faculty are also free to submit proposals.  Third, if you wish to submit a proposal, but don't know how to reach others who may have an interest in participating in that topic, let Russ Weaver know and he will try to connect you with other scholars in your area.

MM

October 6, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Friday, October 3, 2014

Round-up of Last Term

Just in time for the beginning of this Term, which, as Marcia suggests may be a blockbuster, Jonathan Harkavy has posted 2014 Supreme Court Employment Law Commentary on SSRN.  It contains not only useful nuetral summaries of the opinions but also, in separate italicized sections,  the author's personal take on the decisions -- often in with a dash a humor.

CAS  

October 3, 2014 in Scholarship | Permalink | Comments (0) | TrackBack (0)