Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status. …
Reconsidering Arbitration: Evaluating The Future Of The Manifest Disregard Doctrine, Griffin Toronjo Pivateau
Reconsidering Arbitration: Evaluating The Future Of The Manifest Disregard Doctrine, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
In a recent decision, the Supreme Court indicated that parties may now have fewer rights to appeal arbitration awards. In Hall Street v. Mattel, Inc., the Court found that parties to an arbitration agreement could not supplement, by contract, the statutory grounds for challenging an arbitration award. Unfortunately, the Court called into doubt a long line of cases holding that a party could seek to vacate an arbitration decision where the arbitrator exhibited a manifest disregard for the law. Until the Hall Street decision, the manifest disregard doctrine enjoyed widespread acceptance. Appellate courts from every circuit have used the manifest …