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Full-Text Articles in Law
Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke
NYLS Law Review
No abstract provided.
Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley
Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley
Scholarly Works
In Clackamas Gastroenterology Associates P.C. v. Wells, the United States Supreme Court established the standards for determining whether a shareholder in a professional corporation ("PC") is an "employee" as defined by Title I of the Americans with Disabilities Act of 1990 ("ADA"). Characteristics the court saw as distinguishing partnerships are the profit sharing, contributions to capital, part ownership of partnership assets, and the right to share in management subject to agreement. Even if the partner's power is insufficient to avoid discrimination, courts should also consider whether the partner is more like an independent contractor in that he or she is …
Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein
Adam Epstein
A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Adam Epstein
Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …