employment law

For Women Restaurant Workers, Sexual Harassment Starts with the Day You’re Hired

Anyone who has ever scanned Craigslist for a restaurant job knows the boilerplate “will train the right person,” code for, among other things, “Be young and have a nice ass.” I have two (attractive, blonde) female colleagues who got their first serving jobs at 19 on the supposed basis of their scores on the restaurant …

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Bagenstos on Employment Law and Social Equality

Sam Bagenstos has brought to my attention his new article in the Michigan Law Review entitled: Employment Law and Social Equality. Here is the abstract: What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against …

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Same-sex spouse gets ERISA death benefit

Sarah Farley had worked at a law firm where she participated in the firm’s Profit Sharing Plan – a plan qualified under the Employee Retirement Income Security Act (ERISA). The Plan provides that death benefits be paid to the participant’s “surviving Spouse.” Sarah then married Jean Tobits in Canada. When Sarah died, both Jean and …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.