Part II of this Comment will discuss the history, development, and purpose of state and federal unemployment insurance law. Part II will also discuss judicial and administrative interpretation, as well as enforcement of the law. Part III will analyze the legality of the failed BAA-UC experiment and its conflict with federal law and United States Supreme Court precedent. Part IV will discuss the Texas Unemployment Compensation System, and why the BAA-UC model state legislation conflicted with state and federal law. Part V will discuss the financial impact that a BAA-UC program would have on the federal-state and Texas unemployment trust funds. Finally, Part VI will propose that, in light of the lessons learned from the failed BAAUC program, Texas should analyze California's solution to providing temporary partial-wage replacement to families on leave following the birth or adoption of a child and seek an alternate program to fund a paid leave program.
R. S. McKee,
The Department of Labor’s Failed Attempt at Birth and Adoption Unemployment Compensation: A View Through the Eyes of Texas,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V10.I1.13