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Articles 31 - 60 of 137
Full-Text Articles in Law
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert
The Catholic Lawyer
No abstract provided.
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …
Yeshiva Update: Administration 8, Union 0, Michael A. Foley
Yeshiva Update: Administration 8, Union 0, Michael A. Foley
The Catholic Lawyer
No abstract provided.
Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh
Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh
Texas A&M Law Review
At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It …
Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas
Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas
Claremont-UC Undergraduate Research Conference on the European Union
Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar workers, …
National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois
National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois
The Catholic Lawyer
No abstract provided.
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
Hofstra Labor & Employment Law Journal
No abstract provided.
Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener
Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener
Hofstra Labor & Employment Law Journal
No abstract provided.
Fss 2020: Pension Sector, Zarah Gadzama
Fss 2020: Pension Sector, Zarah Gadzama
Bullion
The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Hofstra Labor & Employment Law Journal
This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …
Recognizing An Overcorrection: A Proposal For Nevada's Policy On Non-Compete Agreements, Kristopher Kalkowski
Recognizing An Overcorrection: A Proposal For Nevada's Policy On Non-Compete Agreements, Kristopher Kalkowski
Nevada Law Journal
No abstract provided.
College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal
College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega
Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega
Hofstra Labor & Employment Law Journal
No abstract provided.
A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou
A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou
Hofstra Labor & Employment Law Journal
No abstract provided.
Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas
University of Miami International and Comparative Law Review
No abstract provided.
Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami
University of Miami International and Comparative Law Review
No abstract provided.
Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan
Golden Gate University Law Review
Part I of this comment details California employment law, how it has been applied to Uber, and how Uber, along with other “On-Demand Economy” companies, are different than other companies. Part II presents the current legal issues in worker classification. Part II also proposes the exception that should apply to Uber drivers and discusses why Uber, and other “On-Demand Economy” companies, should be entitled to this exception, including the practical problems with an employment classification for Uber. Part III concludes that changing our worker-classification laws is a compromise that will benefit drivers, Uber, and reflect the changes in our society.
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker
When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker
Osgoode Hall Law Journal
In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law. However, it is a little known fact that in 1935, Canada enacted a criminal wage theft law, which remained on the books until 1955. This article provides an historical account of the wage theft law, including the role of the Royal Commission on Price Spreads, the legislative debates and amendments that …
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
Arbitration Law Review
No abstract provided.
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich
Arbitration Law Review
No abstract provided.
Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne
Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne
Indiana Journal of Global Legal Studies
Raising global labor standards has been a goal of labor activists, nongovernmental organizations (NGOs), and nations for over a century. The International Labor Organization (ILO) was created nearly one hundred years ago for that purpose, but a century later its goal remains largely unfinished. This paper will propose a retooling initiative for the ILO that will give it the enforcement power it needs for real labor standard change and the resources it needs to use that enforcement power to promote work according to established international labor standards. This enforcement power will take place through regional free trade agreements (RFTAs), which …
Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison
Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison
Northwestern University Law Review
For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.
This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s recent decision in Advocate …
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa
Chicago-Kent Law Review
Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …
Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne
Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne
Chicago-Kent Law Review
Ride-sharing companies such as Uber Technologies Inc. (“Uber”) have revolutionized the ride-sharing industry. In the realm of employment classification, Uber has a substantial financial motivation to classify its drivers as independent contractors because it frees Uber from financing workers’ compensation programs, payroll taxes, and employee benefit programs. Others argue that Uber should not be able to escape such direct liabilities. In light of this ongoing debate, the U.S. District Court for the Northern District of California has recently denied Uber’s class-action settlement agreement, thereby preserving the issue of whether Uber drivers should be classified as employees or independent contractors. Federal …
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Indiana Law Journal
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review
Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …
Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler, Patricia-Anne Upson
Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler, Patricia-Anne Upson
Mercer Law Review
This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2016 to December 21, 2016.1 This Article will focus on case law concerning laws enforced by the United States Department of Labor and the National Labor Relations Board. The following is a discussion of those opinions.
Employer Beware: Changing The Landscape Of Employment Discrimination Claims At The Summary Judgment Stage, Matthew Bottoms
Employer Beware: Changing The Landscape Of Employment Discrimination Claims At The Summary Judgment Stage, Matthew Bottoms
Mercer Law Review
In Quigg v. Thomas County School District, the United States Court of Appeals for the Eleventh Circuit changed the summary judgment framework for mixed-motive employment discrimination cases. The ruling in Quigg will affect both employers and employees and will lead to more mixed-motive discrimination claims reaching the jury, rather than being dismissed through summary judgment. The newly-adopted framework takes the burden-shifting standard out of summary judgment, and many commentators consider it a much more plaintiff-friendly framework. Under the new framework, in order to survive a motion for summary judgment on a mixed-motive discrimination claim, all the plaintiff must do …