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Articles 1 - 5 of 5
Full-Text Articles in Law
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully
Fordham Urban Law Journal
The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …
Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance
Fordham Urban Law Journal
This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
Fordham Urban Law Journal
The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Fordham Urban Law Journal
The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …
Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth
Note: Osha Inspections And The Fourth Amendment: Balancing Private Rights And Public Need, Glenn J. Fuerth
Fordham Urban Law Journal
The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision …