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Part of the Labor and Employment Law Commons

2022

Discrimination Because of Sex[ual Orientation and Gender Identity]: The Necessity of the Equality Act in the Wake of Bostock v. Clayton County, Rachel Eric Johnson
BYU Law Review

Giving Hardison the Hook: Restoring Title VII’s Undue Hardship Standard, Kade Allred
Brigham Young University Journal of Public Law

2021

Opt-In Arbitration: A Functional Alternative to the FAIR Act, Garrett Meisman
BYU Law Review

Now and Again: Reappraising Disability Leave as an Accommodation, Ryan H. Nelson
BYU Law Review

All the Tenacity of Original Sin: Agencies and Courts Continue to Place the Burden of Persuasion on Defendants in Violation of the APA and Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law

2020

Caught by the Cat’s Paw, Sandra F. Sperino
BYU Law Review

Reputation Systems Bias in the Platform Workplace, E. Gary Spitko
BYU Law Review

OSHA, the Opportunism Police, Jason R. Bent
BYU Law Review

Headscarf Bans, Equal Treatment, and Minority Integration in the Workplace, Elizabeth A. Clark
Elizabeth A. Clark

2019

Unfit to Be Seen: Customer Preferences and the Americans with Disabilities Act, Craig Westergard
Brigham Young University Journal of Public Law

Armed and Dangerous - Teachers? A Policy Response to Security in our Public Schools, Todd A. DeMitchell, Christine C. Rath
Brigham Young University Education and Law Journal

Monetary Liability of Public School Employees under the IDEA and Section 504/ADA, Perry A. Zirkel
Brigham Young University Education and Law Journal

Bias, Employment Discrimination, and Black Women's Hair: Another Way Forward, Crystal Powell
BYU Law Review

2017

A Solution to Utah’s Non-Compete Dilemma: Soliciting the Use of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review

To Solve It Aright: Rerum Novarum and New Jersey's Answer to Catholic Bishop of Chicago, Daniel T. Paxton
Brigham Young University Education and Law Journal

2016

Be Careful What You Wish for: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review

No Good Deed Goes Unpunished: The Lack of Protection for Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
BYU Law Review

2015

Unpaid Internships: Free Labor or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt
Brigham Young University Education and Law Journal

2014

Ideologically Oriented Enterprises Faced with the Reconfiguration of Ethics and Spiritual Management, Louis-Léon Christians
BYU Law Review

2013

A Survey of Recent Employment Disputes of Educators Engaged in Serving English Language Learners, Scott Ellis Ferrin
Brigham Young University Education and Law Journal

2012

Mobility Measures, Naomi Schoenbaum
BYU Law Review

From Handbills to Proposed Bills: Suggestions for Regulating the Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review

Discouraging Voluntary Disclosure: EEOC v. C.R. England and Confidentiality Under the ADA, Jessica Jones
BYU Law Review

2011

Goldilocks and the Three-Judge Panel: Spencer v. World Vision, Inc. and the Religious Organization Exemption of Title VII, Brandon S. Boulter
BYU Law Review

Employment, Sexual Orientation, and Religious Beliefs: Do Religious Educational Institutions Have a Protected Right to Discriminate in the Selection and Discharge of Employees?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

2010

Transforming the Public Employee Speech Standard in Posey v. Lake Pend Oreille: More than Meets the Eye , Benjamin M. Smith
BYU Law Review

Golden Gate and the Ninth Circuit’s Threat to ERISA’s Uniformity and Jurisprudence , Landon Wade Magnusson
BYU Law Review

Contracts, Custom, and the Common Law: Towards a Renewed Prominence for Contract Law in American Wrongful Discharge Jurisprudence, Timothy J. Coley
Brigham Young University Journal of Public Law

Still on the Border: The Fractured Membership Rights of the Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship

Fractured Membership: Deconstructing Territoriality to Secure Rights and Remedies for the Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship

2009

Arbitration Awards in an Environment of Compulsory Unionization: Is the High Degree of Deference Warranted?, Nephi Hardman
BYU Law Review

2007

Surfing the Next Wave of Outsourcing: The Ethics of Sending Domestic Legal Work to Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden
BYU Law Review

Burlington Northern & Santa Fe Railway Co. v. White: Retaliation Clarified, Heidi Chewning
Brigham Young University Journal of Public Law

New York's Unwelcoming Harbor: The New York Convention's Inapplicability to Claims Arising from Seamen's Employment, Jarred Pinkston
Brigham Young University International Law & Management Review

On the Continued Need for H-1B Reform: A Partial, Statutory Suggestion to Protect Foreign and U.S. Workers, Todd H. Goodsell
Brigham Young University Journal of Public Law

2005

Arbitration and State Action, Sarah Rudolph Cole
BYU Law Review

Diversity in Higher Education: The Consideration of Race in Hiring University Faculty, Suzanne E. Eckes
Brigham Young University Education and Law Journal

2003

Adams v. Florida Power Corp. and the Trend of Lowering an Employer's Burden of Proof to Rebut Age Discrimination Claims, Daniel K. Brough
BYU Law Review

2002

Different Strokes for Different Folks: Balancing the Treatment of Employers and Employees in Employment Discrimination Cases in Courts within the Tenth Circuit Court of Appeals, Ruben H. Arredondo
Brigham Young University Journal of Public Law

2001

Why an Employer Does Not Have to Answer for Preventing an Employee with a Disability from Utilizing Corrective Measures: The Relationship Between Mitigation and Reasonable Acommodation, Thad LeVar
Brigham Young University Journal of Public Law

The Uncertain Future of Title VII Class Actions After the Civil Rights Act of 1991, Daniel F. Piar
BYU Law Review

Guarding the Dumping Ground: Equal Protection, Title VII and Justifying the Use of Race in the Hiring of Special Educators, Patrick Linehan
Brigham Young University Education and Law Journal

2000

Stumbling at the Finish Line: Employment Discrimination and the Utah Supreme Court in Burton v. Exam Center Industrial, Evan S. Tilton
BYU Law Review

1999

The Downfall of Grease Hazard Technicians and Product Delivery Specialists or "Why French Fry Cooks and Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. v. Weissman, Hoang Huynh
Brigham Young University Journal of Public Law

Arbitration Agreements: When do Employees Waive Their Wrights?, Michelle R. Mitchell
Brigham Young University Journal of Public Law

1998

Young v. Bayer Corp.: When is Notice of Sexual Harassment to an Employee Notice to the Employer?, Stanford Edward Purser
BYU Law Review

1997

A Funny Thing Happened on the Way to the (Alternative) Forum: Reexamjnjng Alexander v. Gardner-Denver in the Wake of Gilmer v. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review

Employment Law Dilemmas: What to Do When the Law Forbids Compliance, Steven C. Bednar
Brigham Young University Journal of Public Law

Covenants Not to Compete in Utah: A Useful Tool for Employers, Carolyn Cox
Brigham Young University Journal of Public Law

1996

Steinbach v. Hubbard: Somebody Call an Ambulance! The Fair Labor Standards Act and the Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
BYU Law Review

Bureau of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. u. Pena, Wayne R. Farnsworth
BYU Law Review

Separating Business Decisions and Fiduciary Duty in ERISA Litigation?, Mary O. Jensen
Brigham Young University Journal of Public Law

Sexual Harassment Policies: An Employer's Burden or Advantage?, Lisa L. Fowler
Brigham Young University Journal of Public Law

1995

Sex, Love Letters, and Vicious Rumors: Anticipating New Situations Creating Sexually Hostile Work Environments, Chad W. King
Brigham Young University Journal of Public Law

1994

The Religious Employer Exemption Under TItle VII: Should a Church Define Its Own Activities?,
BYU Law Review

Prison Labor Under State Direction: Do Inmates Have the Right to FLSA Coverage and Minimum Wage?, James K. Haslam
BYU Law Review

The Race to the Courthouse: Conflicting Views Toward the Judicial Review of OSHA Standards, David R. Cherrington
BYU Law Review

Sullivan v. Scoular Grain Co.: Apportioning the Fault of Immune Employers, Dale T. Hansen
BYU Law Review

1993

Redefining Objectivity: 'I'he Case for the Reasonable Woman Standard in Hostile Environment Claims, David L. Pinkston
BYU Law Review

A Review of The Law and Teacher Employment, Douglas F. Bates
Brigham Young University Education and Law Journal

1992

The Impact of Federal Labor Policy on the Americans with Disabilities Act of 1990: Collective Bargaining Agreements in a New Era of Civil Rights, David S. Doty
BYU Law Review

ADEA Front Pay Awards: Who Should Determine the Amount?, B. Todd Bailey
BYU Law Review

Title VII & The Civil Rights Act of 1991: What Professional Firms Should Know, Ezra T. Clark III
Brigham Young University Journal of Public Law

1991

A Market Analysis of Anticompetition Agreements in Labor Contracts, York Moody Faulkner
BYU Law Review

The Course of the Employment-At-Will Doctrine In Utah: Berube v. Fashion Centre, Ltd.—A Turning of the Tide, Justin R. Olsen
Brigham Young University Journal of Public Law

1990

Terminating At-Will Employment Contracts in Utah Subsequent to Berube v. Fashion Centre, George P. Barbaresi
BYU Law Review

1989

Mackey v. Lanier Collections Agency & Serv., Inc.: The Supreme Court Diminishes ERISA Preemption Protection for Welfare Benefit Plans, Richard F. Armknecht III
Brigham Young University Journal of Public Law

The Trade Bill's Approach to Helping Dislocated Workers: Will it Work?, Carl L. Britsch
BYU Law Review

Plant Closing Notification: Dividing the Costs of Closures Through Federal Regulation, Suzanne Richey Fitz, J. Benjamin Tyler
BYU Law Review

Circumventing Racism: Confronting the Problem of the Affirmative Action Ideology, Christopher T. Wonnell
BYU Law Review

The Post-Expiration Duty to Arbitrate: Disregarding the Nolde Presumption After an Impasse in Negotiations, Brian E. Nuffer
BYU Law Review

Utah's New Mechanics' Lien Statute: Clarification For The Oil and Gas Industry, Alan A. Enke
Brigham Young University Journal of Public Law

Major Operational Decisions and Free Collective Bargaining: Eliminating the Mandatory/Permissive Distinction, James R. Rasband
Faculty Scholarship

1988

The Future of the Disparate Impact Theory of Employment Discrimination after Watson v. Fort Worth State Bank, Paul N. Cox
BYU Law Review

Confidentiality of Tenure Review and Discovery of Peer Review Materials, James H. Brooks
BYU Law Review

Permitting Religious Employers to Discriminate on the Basis of Religion: Application to For-Profit Activities, Scott Klundt
BYU Law Review

1987

Nonqualified Deferred Compensation Plans—with Emphasis on the Closely Held Business, John W. Welch
Legal Worlds: Ancient and Modern, Sacred and Secular

1986

The Idea of the Job as Property in Contemporary America: The Legal and Collective Bargaining Framework, William B. Gould
BYU Law Review

Japan's New Equal Employment Opportunity Law: Real Weapon or Heirloom Sword?, Yamamoto Kaoru
BYU Law Review

County Sanitation District No.2 v. Los Angeles County Employees Association, Local 660: A Study in Judicial Legislation, G. Murray Snow
BYU Law Review

The Continuing Conflict Between Bankruptcy and Labor Law-The Issues that Bildisco and the 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
BYU Law Review

1985

Providing Illegal Alien Employees a Remedy for Discriminatory Discharge: Sure-Tan, Inc. v. NLRB, John L. Saccoman
BYU Law Review

The Preemptive Effect of OSHA's Hazard Communication Standard Outside the Manufacturing Sector, Toby A. Threet
BYU Law Review

Internal Revenue Code Section 414(n): Congressional Authorization to Discriminate Among Retirement Plan Participants, David A. Channer
BYU Law Review

1984

Drawing Lines and Defining Remedies: The Impact of Ellis v. Brotherhood of Railway, Airline and Steamship Clerks on the First Amendment Rights of Dissident Employees, Shane R. Swindle
BYU Law Review

Reconciling the Age Discrimination in Employment Act and Federalism-Constitutional Balancing or Judicial Sleight of Hand: EEOC v. Wyoming, Jeffrey B. Hays
BYU Law Review

1983

Bargaining Impasse Does Not Justify Withdrawal from a MuItiemployer Bargaining Unit: Charles D. Bonanno Linen Service. Inc. v. NLRB, Clifford Eley
BYU Law Review

Suits to Bind Nonsignatories to Collective Bargaining Agreements Under Section 301: The Emerging Federal Common Law, David A. Anderson
BYU Law Review

Arbitration of Representational Issues: A Critique of Carey, David G. Mangum
BYU Law Review

Right to Sue Under Section 4 of the Clayton Act - The Employee Deischarged for Regusal to Participate in the Anitcompetivie Practices of His Employer: Bichan v. Chemetron Corp. Examined in Light of Blue Shield v. Mcready, Ralph N. Bryson
BYU Law Review

1981

Retaliatory Discrimination Actions Under Section 11(c) of OSHA: Too Many Rights, Not Enough Protection, Kevin J. Worthen
BYU Law Review

The Assertion of Statutory Rights Under FLSA and OSHA: Expand or Limit the Gardner-Denver Rationale, John A. Adams
BYU Law Review

1980

Expanding Federal Court Jurisdiction of Railway Labor Minor Disputes: Richins v. Southern Pacific, Richard H. Page
BYU Law Review

Employer Lawsuits Against Employees-The Right to Invoke the Legal Process Despite Anti-Union Motivation or Coercive Effect on Section 7 Rights, Val John Christensen
BYU Law Review

Age Discrimination in Employment Act Amendments of 1978: Tension Between Congress and the Courts, John A. Adams, Jay D. Pimentel
BYU Law Review

Labor Law-Reverse Political Checkoff Per Se Illegal as Violation of Federal Election Campaign,
BYU Law Review

1979

Employment Discrimination-Reverse Discrimination- Privately Instigated Racial Quotas as Acceptable Affirmative Action-United Steelworkers v. Weber, 99 S. Ct. 2721 (1979).,
BYU Law Review

Regulation of Uninsured Multiple-Employer Trusts Under ERISA: An Open Question Again?, John A. Adams
BYU Law Review

Successorship Clauses in Collective Bargaining Agreements, Jay D. Pimentel
BYU Law Review

1978

Labor Law-Representation Elections-NLRB Will No Longer Probe into Truth or Falsity of Parties' Campaign Statements-Shopping Kart Food Market, Inc.,
BYU Law Review

Finality and Fairness in Grievance Arbitration : Whether Allegations of Unfair Representation Justify Termination of Arbitration,
BYU Law Review

1977

Federal Regulation of Union Political Expenditures: New Wine in Old Bottles, Stanley N. Hatch
BYU Law Review

1975

Constitutional Law - Religious Discrimination in Employment--Title VII of the Civil Rights Act of 1964 and the FCC Nondiscrimination Regulations--King's Garden, Inc. v. FCC, R. Bruce Duffield
BYU Law Review