Labor and Employment Law News

OSHRC Holds OSHA Multiemployer Work Site Doctrine Invalid
For decades, it has been held that an employer may be cited if its creates a hazard, controls a work site, or has the power to correct a hazard, who if the employer has no employees who are exposed to a workplace hazard. A majority of the Occupational Safety and Health Review Commission recently overturned this long-standing doctrine that allowed the Occupational Safety and Health Administration to cite general construction contractors for safety violations by subcontractors. Secretary of Labor v. Summit Contractors Inc., Case No.03-1622 (OSHRC Apr. 27, 2007).

The key dispute between the majority and dissent is how to apply an OSHA regulation and the Act itself, both of which state that an employer is responsible for eliminating unsafe conditions its own employees are exposed. A literal reading of the law and regulation is that an employer with no employees exposed to a danger has no legal obligation to eliminate the condition. The problem is that if a general contractor at a construction site has no obligation to eliminate a danger, no one else may be in a position to do so. This may leave employers whose employees are exposed to the danger with no practical way to protect them. For about thirty years, most federal courts and OSHRC have therefore held that a general construction contractor has a responsibility to ensure the safety of all employees at the worksite, even if the general contractor has no employees there.

This decision’s reasoning may be applied beyond construction sites, to any worksite that uses contingent workers. Given the importance of the issue, an appeal is likely.

International Employer Joint and Several Liability for NLRA Violations
Recently the NLRB found two American corporations, two Mexican corporations, and their owner to be jointly liable for $96,400 in backpay to five illegally fired employees. Bolivar-Tees, Inc., 349 NLRB Case No.70 (Apr. 12, 2007)
The Board held that the four corporations – two American and two Mexican – constitute a single employer because there was no arm's length relationship among them. Rather they operated as a single employer based on: (1) interrelation of their operations; (2) common management; and (3) common ownership or financial control.

Not a Supervisor under the National Labor Relations Act
After recent NLRB decisions on the definition of supervisor, some now think that its application is far broader than it is. Employees may wrongly think they are now supervisors and also believe that if they are supervisors it is illegal for them to organize a union. Some employers may also think the decision is broader than it is and violate the law as a result.

First, the NLRA presumes that private sector workers are employees. The burden of proof is on the person claiming that the worker is a supervisor. The NLRA protects employees, and it defines employee broadly as any employee and not limited to employees of a single employer. Supervisors are not employees and as a result are not protected by the NLRA, except in certain limited circumstances.
Second, the NLRA says that nothing bars a supervisor from becoming or remaining a member of a labor organization. In other words, it is legal for a supervisor to join or support a union. This is a limited right, because while it is legal for supervisors to organize or support a union, it is harder for a non-employee to take that step because the NLRA does not protect them from being be fired or disciplined for organizing a union.

Finally, the test to decide whether a worker is a supervisor requires analyzing whether the worker has one of twelve powers and the way in which the worker uses them. These decisions depend on a careful analysis of the facts and application of the law. Again, the default is that the worker is an employee and the one who claims the worker is a supervisor has the burden of proof as to each part of this test.
A recent case from the D.C. Circuit Court of Appeals provides an example of a case in which claims that a worker performs the work of a supervisor does not hold up on analysis of the facts. In this case, a registered was found not to be a supervisor because she did not exercise any of the authority that the NLRA says defines a supervisor. While she did write up co-workers who violated work rules and did evaluate one probationary worker, these were basically clerical actions. To be a supervisor, such recommendations must be given effect. In this case, tThere was no evidence that the write-ups resulted in discipline nor that the evaluation affected the employee’s job status.
Second, the nurse sent two employees home for gross misconduct but did so only after management told her to do so. As a result, she did not exercise independent judgment in taking these actions. Third, she allowed workers to leave when they told here they needed to go home as a result of illnesses or acute family crises. These actions did not involve the exercise of independent judgment. She was following established procedure. Finally, although the registered nurse had the title of “weekend supervisor” and often was the highest paid, most senior employee on duty, titles, pay, and seniority, the NLRA does not include them among the factors that determine whether someone is a supervisor. The finding that the nurse was not a supervisor meant that her employer violated the law when it discharged her for circulating a petition to protest an employer action. Jochims v. NLRB, Case No.05-1455 (D.C. Cir. Mar. 23, 2007

Overbroad Noncompete Agreement
In general, a decision as to a noncompete or nonsolicitation agreement’s validity is based on its scope in terms of time, geography, and work. These factors can be applied mechanically and reach bad ends unless they are interpreted in light of the legitimate uses of a noncompete agreement.

A good discussion of these factors can be found in a recent decision by the New Hampshire Supreme Court. The court applied a three-pronged test: “first, whether the restriction is greater than necessary to protect the legitimate interests of the employer; second, whether the restriction imposes an undue hardship upon the employee; and third, whether the restriction is injurious to the public interest.” The court noted that noncompete agreements must be no broader than necessary to protect legitimate employer interests such as its goodwill and bona fide trade secrets and other confidential information. The court also noted that the law does not look with favor on contracts in restraint of trade or competition, because these restraints ultimately harm the public. Syncom Industries Inc. v. Wood, Case No.2005-126 (N.H. Mar. 16, 2007)

Web Links

Lawyers' Committee for Civil Rights, The OFAC List: How a Treasury Department Watchlist Ensnares Everyday Consumers http://www.lccr.com/03%202007%20OFAC%20Report.pdf

MINISTERIO DE TRABAJO Y ASUNTOS SOCIALES, [Resolution por la Orden TAS/3623/2006] http://www.mtas.es/itss/sala_de_comunicaciones/doc/BOE291106-Orden_TAS-3623-2006.pdf

MINISTERIO DE TRABAJO Y ASUNTOS SOCIALES, La Orden TAS/3623/2006 por la que se regulan las actividades preventivas en el ámbito de la Seguridad Social y la financiación de la Fundación para la Prevención de Riesgos Laborales http://www.boe.es/boe/dias/2007/04/12/pdfs/A15902-15904.pdf

Recent Labor and Employment Law Publications

Nathaniel Ang, Comment: Teenage Employment Emancipation and the Law, 9 U. Pa. J. Lab. & Emp. L. 389 (2007)

Richard Arneson, What Is Wrongful Discrimination? 43 San Diego L. Rev. 775 (2006)

Dianne Avery & Marion Crain, Branded: Corporate Image, Sexual Stereotyping, and the New Face of Capitalism, 14 Duke J. Gender L. & Pol'y 13 (2007)

Ariel Ayanna, Aggressive Parental Leave Incentivizing: A Statutory Proposal Toward Gender Equalization in the Workplace, 9 U. Pa. J. Lab. & Emp. L. 293 (2007)

H. E. Baber, Left Libertarianism: What's in it for Me? 43 San Diego L. Rev. 995 (2006)

Frederic Bachand, Recent Developments on Grounds for Annulment and Non- Enforcement of International Arbitral Awards in Canada: Report to the NAFTA 2022 Committee, 13 Sw. J.L. & Trade Am. 107 (2006)

Ross Ball, Note: FAA Preemption by Choice-of-law Provisions: Enforceable or Unenforceable? 2006 J. Disp. Resol. 613

Sara Barker, A False Sense of Securitiy: Is Protection for Employees with Learning Disabilities under the Americans with Disabilities Act Merely an Illusion? 9 U. Pa. J. Lab. & Emp. L. 325 (2007)

Adrian Barnes, Note: Do They Have to Buy from Burma? A Preemption Analysis of Local Antisweatshop Procurement Laws, 107 Colum. L. Rev. 426 (2007)

Christian Barry & Sanjay Reddy, International Trade and Labor Standards: A Proposal for Linkage, 39 Cornell Int'l L.J. 545 (2006)

Theresa Beiner, Sexy Dressing Revisited: Does Target Dress Play a Part in Sexual Harassment Cases? 14 Duke J. Gender L. & Pol'y 125 (2007)

Ellen Berrey & Laura Beth Nielsen, Integrating Identity at the Bottom of the Dispute Pyramid, 32 Law & Soc. Inquiry 233 (2007)

Jagdeep Bhandari, Strange Visions of Alien Shadows, 13 Sw. J.L. & Trade Am. 63 (2006)

Joseph Biancalana, The Legal Framework of Arbitration in Fifteenth-Century England, 47 Am. J. Legal Hist. 347 (2005)

Michael Blake, The Discriminating Shopper, 43 San Diego L. Rev. 1017 (2006)

Robert Blomquist, Pragmatically Managing Global Labor Migration? 37 U. Mem. L. Rev. 1 (2006)

Robert Bone, Securing the Normative Foundations of Litigation Reform, 86 B.U. L. Rev. 1155 (2006)

Adam Borstein, Note: Arbitrary Enforcement: When Arbitration Agreements Contain Unlawful Provisions, 39 Loy. L.A. L. Rev. 1259 (2006)

Todd Brower, Multistable Figures: Sexual Orientation Visibility and its Effects on the Experiences of Sexual Minorities in the Courts, 27 Pace L. Rev. 141 (2007)

Cheri Budzynski, Comment: Can a Feminist Approach to Corporate Social Responsibility Break down the Barriers of the Shareholder Primacy Doctrine? 38 U. Tol. L. Rev. 435 (2006)

Steven Burton, The New Judicial Hostility to Arbitration: Federal Preemption, Contract Unconscionability, and Agreements to Arbitrate. 2006 J. Disp. Resol. 469

Peter Caldwell, Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting the Supreme Court on the Right Path, 23 Hofstra Lab. & Emp. L.J. 373 (2006)

Richard Carlson, The Small Firm Exemption and the Single Employer Doctrine in Employment Discrimination Law, 80 St. John's L. Rev. 1197 (2006)

Jean Carmalt, Rights and Place: Using Geography in Human Rights Work, 29 Hum. Rts. Q. 68 (2007)

Adam Cearley, Comment: The PBGC: Why the Retiree's Traditional Life Raft Is Sinking and How to Bail it Out, 23 Emory Bankr. Dev. J. 181 (2006)

Eric Christiansen, Adjudicating Non-Justiciable Rights: Socio-economic Rights and the South African Constitutional Court, 38 Colum. Hum. Rts. L. Rev. 321 (2007)

Jack Coe, Transparency in the Resolution of Investor-state Disputes – Adoption, Adaptation, and Nafta Leadership, 54 U. Kan. L. Rev. 1339 (2006)

Sarah Cole, Protecting Confidentiality in Mediation: A Promise Unfulfilled? 54 U. Kan. L. Rev. 1419 (2006)

Kathryn Cooper, CaseNote: The Dual Threshold Requirement Challenging Public Employee Free Speech, 8 Loy. J. Pub. Int. L. 73 (2006)

William Corbett, The Ugly Truth about Appearance Discrimination and the Beauty of Our Employment Discrimination Law, 14 Duke J. Gender L. & Pol'y 153 (2007)

Marc Cote, Comment: Getting Dooced: Employee Blogs and Employer Blogging Policies under the National Labor Relations Act, 82 Wash. L. Rev. 121 (2007)

Ellen Deason, The Need for Trust as a Justification for Confidentiality in Mediation: A Cross-Disciplinary Approach, 54 U. Kan. L. Rev. 1387 (2006)

Christopher Drahozal & Laura Hines, Secret Settlement Restrictions and Unintended Consequences, 54 U. Kan. L. Rev. 1457 (2006)

Donald Dripps, Is the Privilege of Private Discrimination an Artifact of an Icon? 43 San Diego L. Rev. 1063 (2006)

Paul Evans, Note: The Americans with Disabilities Act and Inmates with Disabilities: The Extent to Which Title II of the Act Provides a Recourse, 22 Wash. U. J.L. & Pol'y 563 (2006)

Barbara Flagg, An Essay for Keisha (And a Response to Professor Ford), 14 Duke J. Gender L. & Pol'y 179 (2007)

Christina Fletcher, Comment: Are You Simply Sleeping Your Way to the Top or Creating an Actionable Hostile Work Environment? A Critique of Miller v. Department of Corrections in the Title VII Context, 80 St. John's L. Rev. 1361 (2006)

Craig Forcese, Does the Sky Fall? NAFTA Chapter 11 Dispute Settlement and Democratic Accountability, 14 Mich. St. J. Int'l L. 315 (2006)

Joel Friedman, Gender Nonconformity and the Unfulfilled Promise of Price Waterhouse v. Hopkins, 14 Duke J. Gender L. & Pol'y 205 (2007)

Cesar Cuauhtemoc Garcia Hernandez, Note: Feeble, Circular, and Unpredictable: OSHA's Failure to Protect Temporary Workers, 27 B.C. Third World L.J. 193 (2007)

Tracy Gardner, Note: Expanding the Rights of Recording Artists: An Argument to Repeal Section 2855(b) of the California Labor Code, 72 Brook. L. Rev. 721 (2007)

Rafael Gely, The Law and Economics of Identity, 14 Duke J. Gender L. & Pol'y 229 (2007)

John Gergacz, Employees' Use of Employer Computers to Communicate with Their Own Attorneys and the Attorney-Client Privilege, 10 Computer L. Rev. & Tech. J. 269 (2006)

Eric Green, Re-Examining Mediator and Judicial Roles in Large, Complex Litigation: Lessons from Microsoft and Other Megacases, 86 B.U. L. Rev. 1171 (2006)

Noam Glick, Comment: Towards an "Honest Belief Plus" Standard in California Employment Discrimination Cases, 39 Loy. L.A. L. Rev. 1369 (2006)

David Haase & Emma Sullivan, The Fall-Out from Dukes v. Wal-mart Stores, Inc. – The Extent to Which Subjective Decision-making Processes Are Susceptible to Class Treatment and How Employers Can Minimize Their Risk, 22 Lab. Law. 153 (2006)

Christopher Harper, Comment: Mediator as Peacemaker: The Case for Activist Transformative-Narrative Mediation, 2006 J. Disp. Resol. 595

Monique Hawthorne, Comment: Confronting Toxic Work Exposure in China: The Precautionary Principle and Burden Shifting, 37 Envtl. L. 151 (2007)

Adam Helleck, Amy Leslie & Sharla Frost, Welding Fumes: A Review of the History, Workplace Standards, Research, and Litigation from the 1920s to Present for Welding Fumes in General and Manganese Dust/fumes, 48 S. Tex. L. Rev. 527 (2006)

Katharina Heyer, A Diability Lens on Sociolegal Research: Reading Rights of Inclusion from a Disabilities Studies Perspective, 32 Law & Soc. Inquiry 261 (2007)

Stephen Higgs, Mediating Sustainability: The Public Interest Mediator in the New Zealand Environment Court, 37 Envtl. L. 61 (2007)

Matthew Hill, Note: "We Live Not on What We Have": Reflections on the Birth of the Civil Rights Test Case Strategy and its Lessons for Today's Same-Sex Marriage Litigation Campaign, 19 Nat'l Black L.J. 175 (2007)

Robert Hockett, Why (Only) ESOPs? 12 Stan. J.L. Bus. & Fin. 84 (2006)

Rebecca Hoffberg, Note: The Special Motion Requirements of the Massachusetts Anti-SLAPP Statute: A Real Slap in the Face for Traditional Civil Practice and Procedure, 16 B.U. Pub. Int. L.J. 97 (2006)

Creola Johnson, Credentialism and the Proliferation of Fake Degrees: The Employer Pretends to Need a Degree; The Employee Pretends to Have One. 23 Hofstra Lab. & Emp. L.J. 269 (2006)

Daniel Keating, Why the Bankruptcy Reform Act Left Labor Legacy Costs Alone, 71 Mo. L. Rev. 985 (2006)

Mark Kelman, Defining the Antidiscrimination Norm to Defend It, 43 San Diego L. Rev. 735 (2006)

Andrew Koppelman, Justice for Large Earlobes! A Comment on Richard Arneson's "What Is Wrongful Discrimination?" 43 San Diego L. Rev. 809 (2006)

David Krco, Case Note: Torts – Narrowing the Window: Refining the Personal Duty Requirement for Coemployee Liability under Minnesota's Workers' Compensation System, 33 Wm. Mitchell L. Rev. 739 (2007)

Jay Lapat & James Notter, Note: Inspecting the Mine Inspector: Why the Discretionary Function Exception Does Not Bar Government Liability for Negligent Mine Inspections, 23 Hofstra Lab. & Emp. L.J. 413 (2006)

James LaRocca, Note: A Failed Attempt at Providing Unpaid Interns and Volunteers with Adequate Employment Protections, 16 B.U. Pub. Int. L.J. 131 (2006)

Jennifer Levi, Some Modest Proposals for Challenging Established Dress Code Jurisprudence, 14 Duke J. Gender L. & Pol'y 243 (2007)

Ya-wei Li, Note: Dispute Resolution Clauses in International Contracts: An Empirical Study, 39 Cornell Int'l L.J. 789 (2006)

Risa Lieberwitz, Linking Trade and Labor Standards: Prioritizing the Right of Association, 39 Cornell Int'l L.J. 641 (2006)

James Lindgren, Predicting the Future of Empirical Legal Studies, 86 B.U. L. Rev. 1447 (2006)

Stefanie Lindquist, Bureaucratization and Balkanization: The Origins and Effects of Decision-making Norms in the Federal Appellate Courts, 41 U. Rich. L. Rev. 659 (2007)

David Lipsky & Ariel Avgar, Online Dispute Resolution Through the Lens of Bargaining and Negotiation Theory: Toward an Integrated Model, 38 U. Tol. L. Rev. 47 (2006)

Orly Lobel, Reflections on Equality, Adjudication, and the Regulation of Sexuality at Work: A Response to Kim Yuracko, 43 San Diego L. Rev. 899 (2006)

Tzvi Mackson-Landsberg, Note: Is a Giant Inflatable Rat an Unlawful Secondary Picket under Section 8(b)(4)(II)(B) of the National Labor Relations Act? 28 Cardozo L. Rev. 1519 (2006)

Brian McClatchey, Tribally-Owned Businesses Are Not "Employers": Economic Effects, Tribal Sovereignty, and NLRB v. San Manuel Band of Mission Indians, 43 Idaho L. Rev. 127 (2006)

Ann McGinley, Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes, 14 Duke J. Gender L. & Pol'y 257 (2007)

Benjamin Meier, Employing Health Rights for Global Justice: The Promise of Public Health in Response to the Insalubrious Ramifications of Globalization, 39 Cornell Int'l L.J. 711 (2006)

Scott Moss, Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. 867 (2007)

Amala Nath, Comment: The SAFTA Dispute Settlement Mechanism: An Attempt to Resolve or Merely Perpetuate Conflict in the South Asian Region? 22 Am. U. Int'l L. Rev. 333 (2007)

Muna Ndulo, Imagine a World Without Hunger: The Hurdles of Global Justice, 39 Cornell Int'l L.J. 779 (2006)

Dana Nelkin, Discriminating Shoppers Beware, 43 San Diego L. Rev. 1035 (2006)

Cathy Packer & Johanna Cleary, Rediscovering the Public Interest: An Analysis of the Common Law Governing Post-Employment Non-Compete Contracts for Media Employees, 24 Cardozo Arts & Ent. L.J. 1073 (2007)

Panel: Global Justice and International Economic Arrangements, 39 Cornell Int'l L.J. 545 (2006)

Michael Perlin, An Internet-Based Mental Disability Law Program: Implications for Social Change in Nations with Developing Economies, 30 Fordham Int'l L.J. 435 (2007)

Jennifer Pizer, Facial Discrimination: Darlene Jespersen's Fight Against the Barbie-fication of Bartenders, 14 Duke J. Gender L. & Pol'y 285 (2007)

Lucille Ponte & Jennifer Gillan, Gender Performance over Job Performance: Body Art Work Rules and the Continuing Subordination of the Feminine, 14 Duke J. Gender L. & Pol'y 319 (2007)

Michael Power, Comment: Shopping for Better Health Care at Big Employers, 2 J. Health & Biomed. L. 303 (2006)

Robert Rabin, A Review of the Supreme Court's Labor and Employment Law Decisions: 2005-2006 Term, 22 Lab. Law. 115 (2006)

Gowri Ramachandran, Freedom of Dress: State and Private Regulation of Clothing, Hairstyle, Jewelry, Makeup, Tattoos, and Piercing, 66 Md. L. Rev. 11 (2006)

Lucy Reed & Phillip Riblett. Expansion of Defenses to Enforcement of International Arbitral Awards in U.S. Courts? 13 Sw. J.L. & Trade Am. 121-133 (2006)

Brad Reich, Getting the Skinny: Fast Food Fat-based Litigation Is Not a Legal Threat to Business, but it Should Be, 23 Hofstra Lab. & Emp. L.J. 345 (2006)

Richard Reuben, Confidentiality in Arbitration: Beyond the Myth, 54 U. Kan. L. Rev. 1255 (2006)

Kasper Rasmussen, Private Discrimination: A Prioritarian, Desert-Accommodating Account, 43 San Diego L. Rev. 817 (2006)

Laura Roberts & Darryl Roberts, Testing the Limits of Antidiscrimination Law: The Business, Legal, and Ethical Ramifications of Cultural Profiling at Work, 14 Duke J. Gender L. & Pol'y 369 (2007)

Catherine Rogers, Transparency in International Commercial Arbitration, 54 U. Kan. L. Rev. 1301 (2006)

Connie Rosati, Explanation, Vindication, and the Role of Normative Theory in Legal Scholarship, 43 San Diego L. Rev. 927 (2006)

Ashleigh Rosette & Tracy Dumas, The Hair Dilemma: Conform to Mainstream Expectations or Emphasize Racial Identity, 14 Duke J. Gender L. & Pol'y 407 (2007)

Jason Ruff, Comment: Sex Discrimination in the Workplace Across the Atlantic: A Comparison of Burdens of Proof in the United States and the United Kingdom. 24 Penn St. Int'l L. Rev. 865 (2006)

Jamie Sasser, Comment: The Silenced Citizens: The Post-Garcetti Landscape for Public Sector Employees Working in National Security, 41 U. Rich. L. Rev. 759 (2007)

Amy Schmitz, Untangling the Privacy Paradox in Arbitration, 54 U. Kan. L. Rev. 1211 (2006)

Julie Seaman, The Peahen's Tale, or Dressing Our Parts at Work, 14 Duke J. Gender L. & Pol'y 423 (2007)

Michael Selmi, The Many Faces of Darlene Jespersen, 14 Duke J. Gender L. & Pol'y 467 (2007)

Jason Shane, Note: Who Owns a Home Run? The Battle of the Use of Player Performance Statistics by Fantasy Sports Websites, 29 Hastings Comm. & Ent. L.J. 241 (2007)

Lois Shepherd, Terri Schiavo and the Disability Rights Community: A Cause for Concern, 2006 U. Chi. Legal F. 253

Rachel Shigekane, Rehabilitation and Community Integration of Trafficking Survivors in the United States, 29 Hum. Rts. Q. 112 (2007)

Cameron Shilling, Electronic Discovery: Litigation Crashes into the Digital Age, 22 Lab. Law. 207 (2006)

Patrick Shin, Vive La Difference? A Critical Analysis of the Justification of Sex-Dependent Workplace Restrictions on Dress and Grooming, 14 Duke J. Gender L. & Pol'y 491 (2007)

James Sonne, Firing Thoreau: Conscience and At-Will Employment, 9 U. Pa. J. Lab. & Emp. L. 235 (2007)

Robert Sprague, Fired for Blogging: Are There Legal Protections for Employees Who Blog? 9 U. Pa. J. Lab. & Emp. L. 355 (2007)

Timothy Stostad, Note: Trappings of Legality: Judicialization of Dispute Settlement in the WTO, and its Impact on Developing Countries, 39 Cornell Int'l L.J. 811 (2006)

Jack Sung, Note: Killing Two Birds with One Stone: Giving Undocumented Workers All the Rights and Remedies under the National Labor Relations Act Deters Employers from Hiring and Exploiting Them, 13 Sw. J.L. & Trade Am. 155 (2006)

Symposium on Enhancing Worldwide Understanding Through Online Dispute Resolution, 38 U. Tol. L. Rev. 1 (2006)

Symposium: The Rights and Wrongs of Discrimination, 43 San Diego L. Rev. 733 (2006)

Symposium: Makeup, Identity Performance & Discrimination, 14 Duke J. Gender L. & Pol'y 1 (2007)

Symposium: Jurisprudence and General Legal Theory, 75 Fordham L. Rev. 1170 (2006)

Symposium: The Internal Point of View in Law and Ethics, 75 Fordham L. Rev. 1143 (2006)

Symposium: Secrecy and Transparency in Dispute Resolution, 54 U. Kan. L. Rev. 1211 (2006)

Symposium: Homo Economicus, Homo Myopicus, and the Law and Economics of Consumer Choice, 73 U. Chi. L. Rev. 1 (2006)

Symposium: Dispute Resolution, Law and Legal Education: Philosophical Maps, Perspectives and Emotions, 2006 J. Disp. Resol. 501

Symposium: Rights of Inclusion, reviewing David Engel & Frank Munger, Rights of Inclusion: Law and Identity in the Life Story of Americans with Disabilities, 32 Law & Soc. Inquiry 233 (2007)

Symposium: Global Justice: Poverty, Human Rights, and Responsibilities, 39 Cornell Int'l L.J. 477 (2006)

Paul Tremblay, "Pre-negotiation" Counseling: An Alternative Model, 13 Clinical L. Rev. 541 (2006)

Megan Wallace, Coment: An Injustice to Section 302: The Full-time Union Representative Compensated by the Employer, 8 T.M. Cooley J. Prac. & Clinical L. 277 (2006)

Alan Wertheimer, Reflections on Discrimination, 43 San Diego L. Rev. 945 (2006)

Michael Yelnosky, What Do Unions Do about Appearance Codes? 14 Duke J. Gender L. & Pol'y 521 (2007)

Kimberly Yuracko, Sameness, Subordination, and Perfectionism: Toward a More Complete Theory of Employment Discrimination Law, 43 San Diego L. Rev. 857 (2006)

Deborah Zalesne, Lessons from Equal Opportunity Harasser Doctrine: Challenging Sex-specific Appearance and Dress Codes, 14 Duke J. Gender L. & Pol'y 535 (2007)

Kiren Zucker, Retrieving What Was Luce: Why Courts Should Recognize Employees' Refusal of an Employer's Mandatory Arbitration Agreement as "Protected Activity" under Title VII's Antiretaliation Provision, 22 Lab. Law. 233 (2006)

Adnan Zulfiqar, Comment: Religious Sanctification of Labor Law: Islamic Labor Principles and Model Provisions, 9 U. Pa. J. Lab. & Emp. L. 421 (2007)