Employment Law

Employment law experts at Washington University in St. Louis have commented on major union/employer disputes, but labor relations is only the tip of what these experts can discuss. Their research and writing covers all aspects of the subject, from discrimination in the workplace and employee benefits to whistleblowing and unlawful working conditions.

Faculty Experts:

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Peter Wiedenbeck Joseph H. Zumbalen Professor of Law Peter Wiedenbeck Download Peter Wiedenbeck is an expert in the areas of federal income taxation and the regulation of employee benefit plans. He is the author of several articles and two casebooks, Cases and Materials on Employee Benefits and Cases and Materials on Partnership Taxation. Currently, he is writing a book on ... Expertise: federal income taxation, income tax reform, regulation of employee benefit plans, tax policy, partnership taxation, federal labor law regulation of pension benefit plans, federal labor law regulation of welfare benefit plans, … Direct contact: (314) 935-6442 / peter.wiedenbeck@wustl.edu

Neil Bernstein Professor of Law Bernstein Neil Bernstein, an expert in labor and employment law, is a member of the National Academy of Arbitrators and serves as a mediator and consultant on labor and employment matters. He has acted as a consultant for the Administrative Conference of the United States, general counsel for the Missouri Division ... Expertise: Railway Labor Act, employment law, insurance law Direct contact: (314) 935-6408 / bernsten@wulaw.wustl.edu

Karen Tokarz Professor of Law and Professor of African & African American Studies and Karen Tokarz Download Karen Tokarz is a leader in both national and international clinical education, as well as an expert in civil rights mediation and the law of employment discrimination. She was instrumental in building the School of Law's top ranked clinical legal education program, which she has directed since 1980. ... Expertise: alternative dispute resolution, civil rights mediation, clinical legal education, law of employment discrimination, elderlaw, legal education Direct contact: (314) 935-6414 / tokarz@wulaw.wustl.edu

Merton Bernstein Walter D. Coles Professor Emeritus of Law Bernstein Download Merton Bernstein, a nationally recognized expert on Social Security, served as principal consultant to the National Commission on Social Security Reform, counsel to the National Enforcement Commission, attorney for the National Labor Relations Board, counsel to the United States Senate Subcommittee ... Expertise: social security, health insurance, universal health care Direct contact: 508-896-8383 / bernstein@wulaw.wustl.edu

Daniel Keating Vice Dean and Tyrrell Williams Professor of Law Keating Download Dan Keating teaches courses on bankruptcy, commercial paper and a seminar on reorganization in the School of Law. He is the author of two casebooks on commercial law, Sales: A Systems Approach (Aspen 1998) and Commercial Transactions: A Systems Approach (with LoPucki, Warren & Mann; Aspen 1998), ... Expertise: bankruptcy, employment law, commercial law, sales law, creditors' rights, debtors' rights Direct contact: (314) 935-6481

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News Stories & Tip Sheets:

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Overcoming a fear of hiring employees A solution for firms that are wary of being sued for discrimination June 14, 2007 -- Is she safe to hire? Companies with 500 employees or more can expect to be sued for discrimination at least once a year, and the cost to defend the accusation can cost as much as $15,000, even if the allegation is found to be without merit. The Civil Rights Act of 1991 (CRA-91) held great promise for protecting workers from discrimination in the workplace, but the potential cost of litigation makes some firms wary of hiring minorities. A business professor at Washington University in St. Louis has come up with a plan to circumvent potential lawsuits in a way that benefits both employers and employees.

Renowned legal scholar to discuss antitrust Law School's Public Interest Law and Policy Speakers Series Oct. 27, 2006 -- The Law School's Public Interest Law and Policy Speakers Series, in conjunction with the Federalist Society and the Assembly Series, will present Richard Epstein at 3 p.m. Tuesday, October 31, in the Anheuser Busch Moot Courtroom (Room 310). The lecture is free and open to the public. The well-known libertarian and influential legal scholar will discuss the question, "Has Modern Complex Litigation Outgrown the Federal Rules of Civil Procedures? The Case of Antitrust."

Liar, liar Research casts doubt on voice-stress lie detection technology Feb. 10, 2004 -- Photo by Joe Angeles / WUSTL Photo The Truster hand-held "Emotion Reader." Download Voice-stress analysis, an alternative to the polygraph as a method for lie detection, is already widely used in police and insurance fraud investigations. Now, however, it is being touted as a powerful and effective tool for an array of new applications — everything from screening potential terrorists in the nation's airports to catching wayward spouses in messy marital disputes. Despite its booming popularity, recent federally sponsored studies have found little evidence that existing voice-stress technologies are capable of consistently detecting lies and deceptions. "You could have gotten better results by flipping a coin," says Washington University in St. Louis psychologist Mitchell S. Sommers, lead investigator on a recent voice-stress study.

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Related News Clips:

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Show More Employment Law Clips

Are Medical Residents Worked Too Hard? Time.com May 26, 2009 -- There has been much hand-wringing over the dangers of medical residents' grueling schedules. One recent study advised that a solution would be to reduce the length of their shifts. But many in the medical community, including residents themselves, worry that shorter shifts could come at the expense of educational opportunities and possibly even patient safety. Includes comments by WUSTL Department of Medicine chairman Kenneth Polonsky.

United workers join for fight Chicago Tribune March 28, 2007 -- Tension over pay issues is building at United Airlines, where five unions representing 30,000 employees on Tuesday called for the carrier to let rank-and-file workers share in the largesse enjoyed by senior executives. WUSTL law professor emeritus Neil Bernstein, who specializes in labor issues, comments on the conflict.

Judge again blocks flight attendants from striking against Northwest Airlines Associated Press, Chicago Tribune and 5 others Sept. 22, 2006 -- Northwest Airlines Corp. flight attendants on Thursday asked to be released from federal mediation so they can strike the carrier after a federal judge ruled they couldn't walk off the job. WUSTL law professor and labor relations expert Neil Bernstein comments.

Car dealers recruit saleswomen at the mall Wall Street Journal and 2 others April 13, 2006 -- Article looks at car dealerships that are actively seeking women from jobs at local malls and recruiting them to be car salespersons. Some evidence suggests women may even be better at selling cars than men. WUSTL law professor and labor relations expert Neil Bernstein comments on the legality of the practice.

Northwest fate may hang on judge's decision USA Today and 32 others Feb. 16, 2006 -- WUSTL law professor and labor relations expert Neil Bernstein comments on union negotiations with Northwest Airlines over whether the company could throw out contracts with pilots and flight attendants.Bernstein said the judge's main concern was helping the airline sort out its financial problems and survive — not how much the workers get paid.

Beer strike tests St. Louis' loyalties to Bud and unions Associated Press and 70 others Oct. 19, 2005 -- In the battle of Bud against the Brotherhood of Teamsters, it seems that Busch is still king. Partly because of the city's affinity for Budweiser, the Teamsters strike has been the least successful labor action in at least 30 years, said Neil Bernstein, a law professor specializing in labor law. Bernstein said the strike has been undermined because beer deliverymen aren't high-profile workers that interact with the public. But drivers took center stage outside Busch Stadium during the playoffs. Teamsters stood outside the main entrance with placards and signs, asking fans to stay away from Anheuser-Busch products inside.

Washington University hunger strike ends after students meet with the chancellor Associated Press, St. Louis Post-Dispatch and 54 others April 18, 2005 -- WUSTL students advocating for better pay for WUSTL contract workers have ended a six-day hunger strike and will meet with Chancellor Mark Wrighton three times this week to discuss the issue. WUSTL sophomore Joe Thomas, spokesman for the Student Worker Alliance which coordinated the protests, comments. NOTE: This clip includes a link to the article covering this story in the Post-Dispatch.

Students' clout helping workers -- and unions Washington Post, St. Louis Post-Dispatch and 7 others April 8, 2005 -- Article on a growing movement on campuses -- including at WUSTL -- across the nation in support of workers' rights. Students have leverage, experts said, not only because universities are vulnerable to moral arguments in ways that businesses often are not -- but because they can't get fired. Universities are one of the few bright spots for labor unions, which have been losing members and power for years now. The Post-Dispatch article focuses on student activists who have occupied WUSTL's admissions office all week in a protest over pay for campus workers. They got a boost Thursday from Hugh McVey, president of the Missouri AFL-CIO, who wants to meet with WUSTL Chancellor Mark Wrighton to get his pledge for a "living wage" for about 500 service workers.

More News:

Recent Supreme Court ruling could affect passage of 'Patients' Bill of Rights' and health care coverage for employees says Bernstein
July, 2002 - In the recent case, Rush Prudential HMO v. Moran, the Supreme Court continued its new policy of expanding the power of states to regulate employee welfare plans by upholding an Illinois law requiring HMOs to provide independent review of disputes between primary care physicians and the HMO, a remedy not available under Federal law. Neil N. Bernstein, Professor of Law at Washington University in St. Louis, is available to comment. "This ruling could improve the chances for passage of a 'Patients' Bill of Rights' in Congress," Bernstein says. Full Story

Flight attendants' threat of disruption is a risky tactic, says labor expert
March, 1999 - The Association of Flight Attendants' threat to disrupt America West flights in the ongoing labor dispute over salaries is a risky maneuver, Bernstein says. With the end of the 30-day cooling-off period in the negotiation process, the AFA has threatened a work action known as CHAOS -- "Create Havoc Around Our System" -- a move that hinges on a questionable court ruling dating back to the 1993 Alaska Airlines labor dispute, Bernstein says.

"Under CHAOS, the flight attendants pick a flight at random and announce at the last minute that they are on strike and will not board the airplane," Bernstein said. "The airline must then scramble to find a crew or face having to cancel the flight. Before permanent replacements can be found, the flight attendants make an unconditional offer to return, and thus avoid suffering the consequences of an ongoing strike. The move, if successful, could create a lot of uncertainty for the traveling public. Full Story