| Author | Title | Citation | Summary | Year |
| Shannon Murphy |
"YOU'RE FIRED!": RECOGNIZING A PUBLIC POLICY CLAIM FOR PRIVATE EMPLOYEES SUBJECTED TO POLITICAL DISCRIMINATION IN THE WORKPLACE |
75 Florida Law Review 773 (July, 2023) |
Private employers hold immense power within the employer-employee relationship. The at-will employment presumption provides employers with almost unrestricted discretion in determining whether to terminate employees. Although federal law provides private employees with some protections from unlawful termination, those protections do not extend to... |
2023 |
| Robert A. Kearney |
A MATERIAL QUESTION: DOES TITLE VII APPLY TO MINOR EMPLOYMENT ACTIONS? |
83 Maryland Law Review Online 1 (2023) |
As the Supreme Court recently stated, few federal laws can rank with Title VII of the Civil Rights Act of 1964. That makes it tempting to reserve the law for cases that are equally significant: a termination, for example, and not a shift change. Indeed, courts have been saving Title VII in this way for decades, principally by reading words into the... |
2023 |
| Frank D. LoMonte , Conner Mitchell |
A ROOM WITHOUT A VIEW(POINT): MUST STUDENT-HOUSING EMPLOYEES TRADE FREE SPEECH FOR FREE RENT? |
45 Campbell Law Review 147 (Spring, 2023) |
The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To... |
2023 |
| Ryan H. Nelson |
AN EMPLOYMENT DISCRIMINATION CLASS ACTION BY ANY OTHER NAME |
91 Fordham Law Review 1425 (March, 2023) |
In a few years, four out of every five nonunion workers in America will have been forced by their employers to sign an individual arbitration agreement as a condition of employment. This new reality, coupled with the U.S. Supreme Court's fealty to compelled arbitration and cramped reading of Rule 23 of the Federal Rules of Civil Procedure (Rule... |
2023 |
| Mark I. Schickman |
ARE EMPLOYER MINORITY AND GENDER DIVERSITY EFFORTS DEAD? |
49 Human Rights 11 (October, 2023) |
The concept of affirmative action was created by Executive Orders 11246 and 11375, issued by republican President Richard Nixon and Texas Democrat President Lyndon Baines Johnson. Those orders created affirmative action obligations on the part of federal contractors to hire more women and minorities. For a half century, the courts have debated... |
2023 |
| Sidney E. Holler |
BRAIDS, LOCS, AND BOSTOCK: TITLE VII'S ELUSIVE PROTECTIONS FOR LGBTQ+ AND BLACK WOMEN EMPLOYEES |
26 Journal of Gender, Race and Justice 223 (Winter, 2023) |
Whiteness and patriarchy frame our understanding of what it means to be and look professional. Workplace grooming and dress standards, inherently rooted in gender and racial stereotypes, often result in policies that place Black women employees at a unique disadvantage, particularly when it comes to hair. Black women who do not conform to... |
2023 |
| Anuj Teotia |
CIVIL PROCEDURE--DUKES COMMONALITY STANDARD--FACTORS THAT COURTS SHOULD WEIGH IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS. WAL-MART STORES, INC. v. DUKES, 564 U.S. 338 (2011) |
45 University of Arkansas at Little Rock Law Review 543 (Spring, 2023) |
Class actions are of great importance to our society, not just because they help adjudicate numerous individuals' claims at once but also because defendants can be liable for millions, sometimes even billions, of dollars. To court system observers, class actions can appear out of place in the world of civil lawsuits because they pose certain risks... |
2023 |
| Robert Wennagel |
DARK SYSTEMS: REPROGRAMMING ARTIFICIAL INTELLIGENCE REGULATIONS TO PROMOTE FAIRNESS AND EMPLOYMENT NONDISCRIMINATION |
39 Santa Clara High Technology Law Journal 1 (2022-2023) |
Automated decision-making (ADM) systems, whether deploying artificial intelligence, machine learning, or other algorithmic processes, have become ubiquitous in modern life, but their use is often unnoticed or invisible to society at large. Currently no federal laws require notice or disclosure to individuals when an ADM is used to collect their... |
2023 |
| Ashton Hessee |
DELAWARE U.S. DISTRICT COURT DISMISSES GAY EMPLOYEE'S CLAIMS OF SEXUAL ORIENTATION DISCRIMINATION |
2023 LGBT Law Notes 10 (March, 2023) |
On February 15, District Judge Richard G. Andrews (D. Delaware) delivered the latest ruling in an employment discrimination suit between Juan Rodriguez, a non-white Hispanic gay man, and his former employer Capital Vision Services, doing business as My Eye Doctor. Rodriguez alleged that his former employer discriminated against him based on sex,... |
2023 |
| Keith Cunningham-Parmeter |
DISCRIMINATION BY ALGORITHM: EMPLOYER ACCOUNTABILITY FOR BIASED CUSTOMER REVIEWS |
70 UCLA Law Review 92 (June, 2023) |
From Uber to Home Depot to Starbucks, companies are increasingly asking customers to rate workers. Gathering data from these ratings, many firms utilize algorithms to make employment decisions. The proliferation of customer ratings raises the possibility that some customers may review workers negatively for racist, sexist, or other illegal reasons.... |
2023 |
| Marc Chase McAllister |
EMPLOYEE BEWARE: WHY SECRET WORKPLACE RECORDINGS ARE RISKY BUSINESS FOR EMPLOYEES |
106 Marquette Law Review 485 (Spring, 2023) |
This Article examines the risks for employees when secretly recording workplace conversations. Although many employers flatly prohibit employees from secretly recording workplace conversations, case law contains dozens of examples of employees conducting such espionage. In the typical case, employees secretly record conversations to gather evidence... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING CONGRESSIONAL AND IRS GUIDANCE |
111 Practical 2 PRAC. Tax Strategies 04 (October, 2023) |
Understanding the Employee Retention Credit (ERC) is a major challenge. This article explores the ERC rules in detail. The U.S. economy is humming along, a major disruption occurs, Congress introduces tax incentives to stabilize matters, the Internal Revenue Service (IRS) provides guidance to implement them, some taxpayers exploit voids and... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING CONGRESSIONAL AND IRS GUIDANCE FROM START TO FINISH |
139 Journal of Taxation 03 (September, 2023) |
This article, the first in a multi-part series, explores the ERC rules from start to finish. The U.S. economy is humming along, a major disruption occurs, Congress introduces tax incentives to stabilize matters, the Internal Revenue Service (IRS) provides guidance to implement them, some taxpayers exploit voids and ambiguities to their financial... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING CONGRESSIONAL AND IRS GUIDANCE FROM START TO FINISH |
35 Taxation of Exempts 07 (September/October, 2023) |
This article, the first in a multi-part series, explores the ERC rules from start to finish. The U.S. economy is humming along, a major disruption occurs, Congress introduces tax incentives to stabilize matters, the Internal Revenue Service (IRS) provides guidance to implement them, some taxpayers exploit voids and ambiguities to their financial... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING KEY ISSUES FOR 'PROMOTERS' AND OTHER 'ENABLERS' |
139 Journal of Taxation 15 (November, 2023) |
This article, the third in a series, summarizes the main ERC rules introduced by Congress and the IRS, clarifies the period during which ERC claims will continue, identifies several clues of imminent enforcement actions, and explores a long list of weapons that the IRS likely will utilize, some common, others obscure. It is obvious that the... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING KEY ISSUES FOR TAXPAYERS FACING IRS AUDITS |
35 Taxation of Exempts 04 (November/December, 2023) |
This article, the second in a multi-part series, provides a substantive analysis of key issues facing taxpayers claiming ERCs. There are thousands of blogs, articles, comments, advertisements, infomercials and more about the Employee Retention Credit (ERC). Many focus on the benefits of this tax relief measure, strongly encouraging taxpayers to... |
2023 |
| Hale E. Sheppard, Esq. |
EMPLOYEE RETENTION CREDITS: ANALYZING KEY ISSUES FOR TAXPAYERS FACING IRS AUDITS |
139 Journal of Taxation 32 (October, 2023) |
This article, the second in a multi-part series, provides a substantive analysis of key issues facing taxpayers claiming ERCs. There are thousands of blogs, articles, comments, advertisements, infomercials and more about the Employee Retention Credit (ERC). Many focus on the benefits of this tax relief measure, strongly encouraging taxpayers to... |
2023 |
| Virginia Stevens Crimmins , Mary C. Ambrose-Gerak |
EMPLOYMENT DISCRIMINATION ISSUES FOR THE DISPUTE RESOLUTION PRACTITIONER IN THE COVID-19 ERA |
76 Dispute Resolution Journal 55 (2023) |
There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise. The COVID-19 pandemic came as a surprise to legal practitioners, as it did to the rest of society. The health challenges continue and, in turn, affect workplaces, employers, and employees who are still struggling to cope and adapt. As... |
2023 |
| Cynthia Estlund |
EMPLOYMENT-AT-WILL: TOO SIMPLE FOR A COMPLEX WORLD |
10 Texas A&M Law Review 403 (Spring, 2023) |
For Professor Epstein, the distinctively American rule of employment-at-will (EAW) in its original, harsh form--which allowed either party to terminate employment at any time for good reason, bad reason, or no reason at all--is an exemplar of simple rules for a complex world. This Essay will reflect on a few ways in which EAW, plain and simple,... |
2023 |
| Joshua Wood , Jennifer Yee , Hope Kurtela |
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAW |
59-JAN Arizona Attorney 48 (January, 2023) |
In 2022, the world emerged from the height of the pandemic and brought numerous federal court decisions that were instructive to employment law practitioners. Some decisions were victories for employers, and others were victories for employees. Regardless of the outcome, all the opinions continue to shape the landscape of federal EEO jurisprudence.... |
2023 |
| Ariel Roddy, PhD , Kaelyn Sanders , Christian Sarver, PhD , Emily Salisbury, PhD |
FINANCIAL MARGINALIZATION, HOUSING ACCESS, TRANSPORTATION, AND EMPLOYMENT: INTERSECTIONAL CONSIDERATIONS IN WOMEN'S REENTRY |
32-SUM Kansas Journal of Law & Public Policy 55 (Summer, 2023) |
The U.S. carceral system has a vast scope that includes close to two million individuals incarcerated in state, local, and federal facilities, as well as immigration detention centers, juvenile facilities, and other carceral institutions. Additionally, three million people are under probation or parole supervision. In particular, women's system... |
2023 |
| Jim Stehlin |
FORMER WHISTLEBLOWERS: WHY THE FALSE CLAIMS ACT'S ANTI-RETALIATION PROVISION SHOULD PROTECT FORMER EMPLOYEES |
56 University of Michigan Journal of Law Reform 543 (Winter, 2023) |
Since the Civil War, the False Claims Act has served as a tool to combat fraud perpetrated against the government. Early fraud by government contractors during the Civil War was quaint: contractors selling the same horse twice or filling a Union Army contract for sugar with sand.0 Today, the government recovers billions of dollars annually through... |
2023 |
| Andrew Kragie |
FREE SPEECH RIGHTS IN PRIVATE EMPLOYMENT? THE FIRST AMENDMENT, THE PRESENT PATCHWORK, AND A BALANCED IMPROVEMENT |
21 First Amendment Law Review 222 (2023) |
C1-2Table of Contents Introduction. 223 I. For Whatever Reason: The Vulnerability of At-Will Employment. 223 II. The First Amendment for Private Employers, But Not Workers. 228 A. Employers' Speech. 229 B. Compelled Speech. 232 C. Freedom of Association. 233 III. Federal Statutes with Broad Coverage but Narrow Protections. 235 A. National Labor... |
2023 |
| Taylor M. Harrington |
HAVE YOUR CAKE AND EAT IT TOO (UNLESS YOU ARE DANNY BROCK): THE IRONY OF MISSOURI'S CO-EMPLOYEE LIABILITY STATUTE |
88 Missouri Law Review 199 (Winter, 2023) |
April 30, 2013, started like any other day for Danny Brock. Like each day before, he woke up, drove to work, and clocked in. A few hours later, he looked down to see his thumb completely detached from his hand, barely hanging on by the skin. When the injury occurred, Brock was following direct orders from his supervisor, Mark Edwards. Citing safety... |
2023 |
| Bradford J. Kelley, Lance Casimir |
HIDDEN HEROES: EMPLOYMENT LAW PROTECTIONS FOR MILITARY CAREGIVERS |
15 Drexel Law Review 557 (2023) |
After decades of conflict overseas, military service members are returning home as survivors of tragic injuries from war due to incredible advances in battlefield medicine and combat casualty care. Meanwhile, veterans from past wars and conflicts are also experiencing service-related health issues along with the natural effects of aging. Regardless... |
2023 |
| Laura Lee Norris , Eric Goldman |
HOW SANTA CLARA LAW'S "TECH EDGE JD" PROGRAM IMPROVES THE SCHOOL'S ADMISSIONS YIELD, DIVERSITY, & EMPLOYMENT OUTCOMES |
27 Marquette Intellectual Property & Innovation Law Review 21 (Winter, 2023) |
In 2018, Santa Clara Law (SCL) launched an innovative new certificate, Tech Edge JD (TEJD), for JD students who know when they apply to law school that they want to pursue technology law. TEJD students acquire valuable professional skills by completing milestones, not just specific courses, with support from a faculty/staff advisor and two... |
2023 |
| Esther G. Lander , Amanda S. McGinn |
IMPACT OF SCOTUS AFFIRMATIVE ACTION RULING ON EMPLOYERS |
406 GPSolo No 74 (November/December, .) |
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (U.S. June 29, 2023) (the Harvard Opinion), the U.S. Supreme Court overturned its past precedent and held that the goal of achieving a diverse student body cannot justify using race as a plus factor in college admissions and that doing so violates the... |
2023 |
| Alberto R. Salazar V. |
IMPLEMENTING THE NEW PURPOSE OF THE CORPORATION: THE DUTY OF DIRECTORS TO TIE EXECUTIVE PAY TO EMPLOYEES' INTERESTS |
20 Berkeley Business Law Journal 149 (2023) |
The traditional view of executive pay as a financial incentive to enhance firm performance that is often equated with shareholder value maximization has been put into question in the last few years. The rise of the new purpose of the corporation and stakeholder capitalism has put that traditional view under further scrutiny. This article elaborates... |
2023 |
| Destiny Peterson |
IN THE THICK OF THICK ACCENTS: EMPLOYMENT DISCRIMINATION AND THE APPALACHIAN ACCENT |
22 Appalachian Journal of Law 1 (2023) |
In the Thick of Thick Accents: Employment Discrimination and the Appalachian Accent explores how courts have misinterpreted Title VII of the Civil Rights Act of 1964 to deny Appalachians legal protection remedying employment discrimination. A brief overview of the terminology, constitutional background, and legal framework needed to understand the... |
2023 |
| Anna Maria Sicenica |
INCREASING REPRESENTATION: EXPANDING INTERSECTIONAL CLAIMS IN EMPLOYMENT DISCRIMINATION |
61 Duquesne Law Review 341 (Summer, 2023) |
The way we imagine discrimination or disempowerment often is more complicated for people who are subjected to multiple forms of exclusion. The good news is that intersectionality provides us a way to see it. - Kimberlé Williams Crenshaw The trend of globalization has only continued to bring workers from different races, religions, and countries... |
2023 |