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Labor & Employment

For the Workers: Banning Non-Disclosure Agreements in Harassment and Discrimination Settlements
October 24, 2023 EDT
For the Workers: Banning Non-Disclosure Agreements in Harassment and Discrimination Settlements
Manette Asta

This note offers a policy proposal and encourages a federal ban on NDAs in employment discrimination and harassment settlements due to their result in silencing workers' experience of unfair treatment.

A Fork in the Road: Paid Sick Leave Plans as a Payroll Practice and ERISA Preemption of State Laws Regulating Paid Sick Leave
May 30, 2023 EDT
A Fork in the Road: Paid Sick Leave Plans as a Payroll Practice and ERISA Preemption of State Laws Regulating Paid Sick Leave
Evan Sumner

This note explores federal state preemption, the Department of Labor's payroll practice exemption to ERISA, and an emerging circuit split concerning such exemption.

Labour Rights as Human Rights: The Derivation of Labour Rights from Civil and Political Rights under the European Convention on Human Rights
March 04, 2021 EDT
Labour Rights as Human Rights: The Derivation of Labour Rights from Civil and Political Rights under the European Convention on Human Rights
Hugh Collins

The apparent consequence of developments in European human rights law is that human rights law now provides the most powerful source of protection for labour rights in Europe.

Labor and Employment Rights in the United States: Down a Different Rabbit Hole
March 04, 2021 EDT
Labor and Employment Rights in the United States: Down a Different Rabbit Hole
L. Camille Hébert

This essay raises the fundamental question of whether the United States Supreme Court is willing to recognize the human rights of workers to be treated with dignity, respect, and equality.

March 22, 2019 EDT
The Secure Scheduling Movement: Why Every State Should Consider Enacting Secure Scheduling Legislation
Amanda Miggo

Secure scheduling laws are just one way local governments are trying to bridge the poverty gap within their communities.

September 08, 2018 EDT
The Fallacy of Liberal Discovery: Litigating Employment Discrimination Cases in the E-Discovery Age
David A. Green

The notion of liberal discovery is a fallacy because it does not accomplish its intended purpose of cooperative exchange of all relevant information between the parties.

Mediation and Mental Health Claims under the ADA
July 31, 2018 EDT
Mediation and Mental Health Claims under the ADA
Ryan BallardChris Henry

An analysis of recent ADA cases and a comparison of the pre and post 2008 ADA amendments.

Union Communications Privilege: Is it Time for Ohio to Protect Union Representative-Member Communications
July 31, 2018 EDT
Union Communications Privilege: Is it Time for Ohio to Protect Union Representative-Member Communications
Sean A. Devlin

A look at the scope of the union-member communications privilege

One Not Like the Other: An Examination of the Use of the Affirmative Action Analogy in Reasonable Accommodation Cases Under The Americans with Disabilities Act
July 30, 2018 EDT
One Not Like the Other: An Examination of the Use of the Affirmative Action Analogy in Reasonable Accommodation Cases Under The Americans with Disabilities Act
Jamelia N. Morgan

Examining the evolution of the affirmative-action analogy in reasonable-accommodation case law over time to decipher its meaning and relevance.

Is Discrimination just Another Tort?: A Discussion of Ohio's Attempt to Tortify Employment Discrimination
July 30, 2018 EDT
Is Discrimination just Another Tort?: A Discussion of Ohio’s Attempt to Tortify Employment Discrimination
Katharine R. Markijohn

The Supreme Court of Ohio has not addressed whether statutory damage caps on noneconomic and punitive damages apply to discrimination claims made under Ohio's discrimination statute.