Hiring practices have come a long way over the past century. There are now stringent laws which prevent hiring discrimination based on race, color, religion, sex, national origin, age, disability or genetic information.[i] As a result, when an individual submits a job application, they should be evaluated based on their qualifications. Unfortunately, there are still hiring practices that may prevent a qualified person from acquiring a job.
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On March 22, 2011, the Supreme Court came to a decision in Kasten v. Saint Gobain. The Seventh Circuit had ruled that an oral complaint made to an employer who the employee believed was violating the Fair Labor Standards Act (“FLSA”) did not fall under the anti-retaliation provision of the act. The Court reversed the Seventh Circuit and found that an oral complaint was sufficient. This decision raises questions about the standards under which summary judgment could be granted in an FLSA retaliation case. [More]

Domestic Workers are legally marginalized under current labor and employment law. They are currently unprotected under the National Labor Relations Act (NLRA), the Fair Labor Standards Act (FLSA), and the Occupational Safety and Health Act (OSHA). Further, they are de facto excluded from protection under a number of laws, like Title VII of the Civil Rights Act, which exempt employers who employ fewer than a specified number of employees. Section 2(3) of the NLRA explicitly excludes domestic workers from its protection because the term “employee” is defined to “not include any individual employed … in the domestic service of any family or person at his home” including nannies, housecleaners, caregivers, companions, etc. While some states have begun to take steps to remedy the situation, millions of workers still find themselves vulnerable to violations of basic labor and employment laws [More]

On June 17, 2010, the Supreme Court held in New Process Steel, L.P. v. NLRB that over 600 decisions made by two-member panels of the National Labor Relations Board (NLRB) must be vacated and reheard because the procedure of having two-member panels hear a dispute did not comply with the National Labor Relations Act (NLRA). The majority and the dissent both based their decisions on their interpretation of the statute. However, in his dissent, Justice Kennedy also highlights the fact that when Congress passed the NLRA, they surely did not intend to allow the Labor Board be left defunct for a long period of time. [More]

The Alien Tort Claims Act has been subject of much controversy over the years in dealing with corporations. It has recently been used to attempt to hold corporations liable for the acts of its subsidiaries' human rights violations. While no corporation has yet been held liable for the acts of its subsidiaries, many have settled out of court and avoided such liability. Courts have come closer to applying the ATCA in such situations and differeing views have arisen. This article will view the history of the ATCA, the decision in Doe v Unocal and effects that would arise by holding the corporation liable for the acts of its subsidiaries under the agency theory. [More]

I. Introduction

In February 2008, when the Writers Guild of America (WGA) ended the acrimonious three-month strike that crippled American television production, a sense of relief spread throughout the entertainment industry.[1] Hollywood studios had achieved three years of labor peace with writers, television production would resume, and the Oscars could air undisturbed.[2] Any feelings of elation were short-lived, however, as the industry collectively turned its head toward the impending expiration of the Screen Actors Guild (SAG) contract that summer.[3] Despite the express desire of both parties to avoid a reprise of the writers’ strike, the June 30 expiration date came and went without a new agreement between SAG and the Alliance of Motion Picture and Television Producers (AMPTP).[4] SAG members have now been working under an expired contract for over seven months, with the threat of another strike persistently looming.[5] Further complicating matters has been a power struggle between hardliners and moderates within the ranks of SAG, which has lead to a legal battle over the attempted ouster of SAG’s Executive Director, chief negotiator, and strike-proponent Doug Allen.[6] [More]

I. Introduction

In today's economical climate, the excitement of finding a new job can be overwhelming. Additionally, In the rush of starting work, it is easy to skim the fine print of a contract without fully understanding its terms. Non-compete agreements in employment contracts can cause much unnecessary and hardship on an individual once that individual chooses to switch jobs. Additionally, while it may seem unintuitive that an individual cannot use skills learned at one job to advance his career at another job, many companies rely on non-compete clauses to limit just that. This article will discuss the non-compete agreements generally, the history of non-compete agreements, and the legal standards state courts use in examining non-compete agreements. It will then discuss how to enforce and contest non-compete agreementsare. Finally, it will conclude by giving advice for the employer or employee who is unsure about how to approach a non-compete agreement. [More]

I. Introduction

On March 7, 2008, the United States Court of Appeals for the Ninth Circuit filed its opinion in the case of International Brotherhood of Teamsters v. North American Airlines. [1] It addressed the question of whether a labor union is entitled to enjoin an air carrier to prevent it from unilaterally altering the working conditions of its pilots, while negotiations for an initial collective bargaining agreement are still pending. [2] The court cited the Supreme Court's interpretation of the status quo provisions of the Railway Labor Act of 1926 in Williams v. Jacksonville Terminal Co., in ruling that unilateral alteration of working conditions are not prohibited in cases where there is no prior collective bargaining agreement, regardless of any pending negotiations. [3] The Teamsters case well illustrates a continuing debate as to whether the Supreme Court's interpretation of the RLA's status quo provisions still adequately serves the RLA's original purpose of promoting peaceable resolution of labor disputes. [More]

I. Introduction

Both the National Football League (“NFL”) and the National Collegiate Athletic Association (“NCAA”) have endured their fair share of high profile coaching defections either from one university to another, university to professional franchise, or professional franchise to university.[1] Among the high profile coaches who have abandoned their respective clubs under contract are Nick Saban, formerly of the Miami Dolphins and currently with the University of Alabama, Bobby Petrino, head football coach at Arkansas via the Atlanta Falcons, and Rich Rodriguez, the freshly minted coach at the University of Michigan.[2] The defections by Saban and Petrino received a fair amount of attention. However, the Rich Rodriguez situation may be enough to scare other high profile coaches from jumping ship too soon. [More]

I. Introduction

The New York Times recently asked, "In today's perpetual workplace, where downtime has merged with work time, where you can carry your office in your pocket, where collars are no longer distinctly blue or white, how does one measure overtime?" [1] Such questions lead to others, concerning the purpose of overtime pay, the reasons for distinguishing between types of employees, and the role the federal government ought to play in resolving the growing inconsistencies and confusion of the complex structure of overtime law. This article examines recent changes to the overtime laws concerning exemption of white-collar workers and any effects, beneficial or burdensome, that they may have on individual workers and the economy as a whole. [More]