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Labor and Employment Law

Journal

2013

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Articles 211 - 233 of 233

Full-Text Articles in Law

Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci Jan 2013

Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci

Loyola University Chicago Law Journal

No abstract provided.


Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret Jan 2013

Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Loyola University Chicago Law Journal

No abstract provided.


Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq. Jan 2013

Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.

Hofstra Labor & Employment Law Journal

No abstract provided.


The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater Jan 2013

The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater

Hofstra Labor & Employment Law Journal

This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as …


The Future: They Will Lead; The Law Will Follow, Robert A. Kearney Jan 2013

The Future: They Will Lead; The Law Will Follow, Robert A. Kearney

Hofstra Labor & Employment Law Journal

No abstract provided.


Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan Jan 2013

Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan

Hofstra Labor & Employment Law Journal

There can be little doubt that actions to recover lost wages from employers have increased dramatically in the last thirty years. Since the 1970’s, American workers have become subject to a “24/7 marketplace workweek.” Off-the-clock work, misclassification, contingent jobs, and wage theft have become far more prevalent in the last three decades. A few snapshots in time reflect this trend. In 1997, some 1,600 wage suits were filed in federal court. In 2007, just ten years later, the number of wage suits jumped to 7,310. In just one year, 2006-2007, the number of filed wage cases increased by 73 percent. …


Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino Jan 2013

Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino

Hofstra Labor & Employment Law Journal

No abstract provided.


Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara Jan 2013

Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara

Hofstra Labor & Employment Law Journal

No abstract provided.


The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis Jan 2013

The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis

UIC Law Review

No abstract provided.


Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui Jan 2013

Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui

UIC Law Review

No abstract provided.


Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner Jan 2013

Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner

UIC Law Review

No abstract provided.


When Convicts Need Not Apply: Proposing Clarifications To The Eeoc’S 2012 Guidelines, 47 J. Marshall L. Rev. 401 (2013), Alex J. Whitt Jan 2013

When Convicts Need Not Apply: Proposing Clarifications To The Eeoc’S 2012 Guidelines, 47 J. Marshall L. Rev. 401 (2013), Alex J. Whitt

UIC Law Review

No abstract provided.


When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer Jan 2013

When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer

UIC Law Review

No abstract provided.


Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013), Michael Furlong Jan 2013

Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013), Michael Furlong

UIC Law Review

No abstract provided.


Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow Jan 2013

Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow

Vanderbilt Journal of Entertainment & Technology Law

This Article analyzes the National Football League (NFL) and National Basketball Association (NBA) lockouts of 2011, focusing in particular on the role union dissolution played in each work stoppage. Although the existing academic literature had generally concluded that players unions in the four major US professional sports leagues were unlikely to disband during a labor dispute, the unions in both the NFL and NBA elected to dissolve in response to lockouts by ownership. This Article provides an explanation for why the prior literature misjudged the role that union dissolution would play during the 2011 work stoppages. It argues that previous …


Enforceability Of Choice-Of-Law Clauses In The Context Of Misclassification Litigation: Bridging The Gap Between Worker And Employer, Koleen S. Sullivan Jan 2013

Enforceability Of Choice-Of-Law Clauses In The Context Of Misclassification Litigation: Bridging The Gap Between Worker And Employer, Koleen S. Sullivan

Georgia Law Review

Picture this: a California resident working in California
files suit against the employer for allegedly misclassifying
the worker as an independent contractor instead of an
employee. The employer is headquartered in Georgia and
the worker has signed an employment contract including a
choice-of-law clause selecting Georgia law. Does Georgia
law apply? If the language of the clause is broad enough
to include a misclassification claim, perhaps. What if the
application of Georgia law violates California public
policy? The answer to this is almost assuredly a
resounding "no." But should Georgia law apply?
This Note argues that it should, under the …


Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin Jan 2013

Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin

NYLS Law Review

No abstract provided.


Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett Jan 2013

Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett

NYLS Law Review

No abstract provided.


Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue Jan 2013

Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue

NYLS Law Review

No abstract provided.


Cognitive Illiberalism, Summary Judgment, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley Jan 2013

Cognitive Illiberalism, Summary Judgment, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley

NYLS Law Review

No abstract provided.


Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down, David L. Lee, Jennifer C. Weiss Jan 2013

Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down, David L. Lee, Jennifer C. Weiss

NYLS Law Review

No abstract provided.


Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg Jan 2013

Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg

NYLS Law Review

No abstract provided.


Employment Law And Social Equality, Samuel R. Bagenstos Jan 2013

Employment Law And Social Equality, Samuel R. Bagenstos

Michigan Law Review

What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …