Clinical Professor Ken Kowalski

C|M|LAW Clinical Professor Ken Kowalski assisted attorneys from the National Employment Law Project, a national advocacy organization for employment rights of lower-wage workers, in drafting a petition for certiorari in the US Supreme Court.  The petition in the case of James A. Lang [et al.] v. Director, Ohio Department of Job and Family Services was submitted March 15, 2013.  The case involves the denial of certain unemployment 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 ODJFS and DOL interpretations of the requirements for participation in the program contravened the statute itself.  The Ohio Supreme Court in a 4-3 decision, ruled against the workers.  The case presents interesting questions of statutory construction and deference to administrative interpretations.