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Articles 1 - 8 of 8
Full-Text Articles in Law
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Richmond Journal of Global Law & Business
No abstract provided.
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai
Richmond Journal of Global Law & Business
No abstract provided.
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Richmond Journal of Law and the Public Interest
The decision in Clean Sweep Prof'l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia's challenging task of applying the Commonwealth's workers' compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client's position. Part II of this note explores the legal background of Virginia's statutory employee scheme, first with an overview of two relevant …
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
Law Faculty Publications
The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Richmond Public Interest Law Review
In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Hardly A Clean Sweep:An Analysis Of The Supreme Court Of Virginia'streatment Of Statutory Employee Litigation, Scott Pasierb
Richmond Public Interest Law Review
The decision in Clean Sweep Prof'l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia's challenging task of applying the Commonwealth's workers' compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client's position. Part II of this note explores the legal background of Virginia's statutory employee scheme, first with an overview of two relevant …