Kowalski Speaks on Recent U.S. Supreme Court Labor and Employment Decisions, and Argues in the Ohio Supreme Court

Clinical Professor Ken Kowalski

C|M|LAW Clinical Professor Ken Kowalski presented Recent Supreme Court Decisions, Appellate Decisions and Related Topics in Labor and Employment Law at the NLRB Region 8 Labor Law seminar held in Cleveland on May 17th.

In addition, Professor Kowalski argued before the Ohio Supreme Court on June 5th in the case of James A. Lang [et al.] v. Director, Ohio Department of Job and Family Services.  The case involves the denial of certain benefits to three Ohio workers who lost their jobs when their employer transferred its manufacturing operations to Mexico.  A wage subsidy program, Alternative Trade Adjustment Assistance, created by Congress for older workers whose jobs are terminated due to national trade policies, is administered by the Ohio Department of Job and Family Services through contract with the federal Department of Labor.  At issue is whether the DOL interpretation of the requirements for participation in the program contravened the statute itself.  When ODJFS sought review in the Ohio Supreme Court, the National Employment Law Project, a national advocacy organization for employment rights of lower-wage workers which had successfully represented the claimants in the lower courts, contacted the Employment Law Clinic for assistance.  C|M|LAW Clinic students researched and helped brief a number of issues of statutory interpretation presented in this litigation, and helped prepare Professor Kowalski for the oral argument.

To view the oral argument before the Ohio Supreme Court, please click here: http://www.ohiochannel.org/medialibrary/Media.aspx?fileId=135921

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