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Articles 1 - 11 of 11
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Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin
Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin
Hofstra Labor & Employment Law Journal
The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …
Labor-Management Relations During The Clinton Administration, Robert B. Moberly
Labor-Management Relations During The Clinton Administration, Robert B. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Hofstra Labor & Employment Law Journal
Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …
Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff
Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff
Hofstra Labor & Employment Law Journal
No abstract provided.
The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood
The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood
Hofstra Labor & Employment Law Journal
No abstract provided.
Mediation Of A Sexual Harassment Claim, Robert Lewis
Mediation Of A Sexual Harassment Claim, Robert Lewis
Hofstra Labor & Employment Law Journal
No abstract provided.
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hofstra Labor & Employment Law Journal
No abstract provided.
Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter
Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich
Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich
Hofstra Labor & Employment Law Journal
No abstract provided.
Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson
Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson
Hofstra Labor & Employment Law Journal
A report from the U.S. General Accounting Office recently exposed 463 federal employees with degrees from schools believed to be "diploma mills" - sham schools that sell college degrees to individuals who complete little or no academic work to earn them. This report, along with other investigative work, confirmed the claims of diploma mill operators: their "graduates" have well-paying jobs in all levels of both the public and private sectors, and employers have subsidized the purchase of fake degrees via tuition reimbursement programs. For a growing number of positions, employers prefer college students and graduates over workers with only high …
The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper
The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper
Hofstra Labor & Employment Law Journal
No abstract provided.