Law Commons^™

Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.

Nevada Supreme Court Summaries

The Minimum Wage Amendment (MWA) of the Nevada Constitution does not have a specific statute of limitations provision. Because the MWA is closely analogous to recovery for back pay under NRS 608.260, the two-year statute of limitations provision in NRS 608.260 applies, and not the catch-all four-year period from NRS 11.220.

Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt

Larry A DiMatteo

The paper is a multidisciplinary collaboration between contract law, employment law and management scholars and draws from the fields of law, management, and psychology. After reviewing and noting the gaps in the employment and justice literatures, this paper presents the findings of a survey of 763 participants to measure whether certain variables—procedural and substantive fairness, as well as educating employees on the principle of employment at will—impact the propensities of employees to retaliate and litigate at the time of discharge. The survey results are significant and striking. We find statistically significant reductions in retaliation and litigation rates when survey respondents …

Blowing The Whistle On Nightclub Illegality To The Nevada Gaming Control Board And Nevada's Common Law Protections, Robert Loftus

UNLV Gaming Law Journal

No abstract provided.

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.

Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili

Touro Law Review

No abstract provided.

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

The Law Of The Platform, Orly Lobel

Faculty Scholarship

New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …

Wage Theft As Public Larceny, Elizabeth J. Kennedy

Brooklyn Law Review

Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …

The Wages Of Human Trafficking, Rana M. Jaleel

Brooklyn Law Review

This article asks a deceptively straightforward question: What is the wrong of human trafficking? If the answer seems obvious, a closer look at anti-trafficking law reveals a doctrinal crisis. Human trafficking law has traditionally concerned itself with movement and how compelled or chosen migration estranges vulnerable people from the locales, customs, and resources that might otherwise shield them from exploitation. According to the U.S. State Department, however, movement is no longer a central element of human trafficking. Instead, “many forms of enslavement” are thought to comprise the core of the crime. The revocation of the movement requirement and the equation …

'And Ain't I A Woman?': Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

This Article argues that feminist and other critical legal theories can address the profound inequalities that immigrant workers face. Part I draws from a body of feminist, political, and social science theories regarding social reproduction to assess the situation of immigrant domestic workers and their recent efforts to claim inclusion in workplace laws and protections. It locates the increasingly carceral dynamics that are expressed in the law and in state infrastructure and continuously undermine immigrant women's economic and social stability, as explained in further detail in Parts L.A and I.B.2, infra. Unbeknownst to many, the present period is the most …

People Analytics And Invisible Labor, Miriam A. Cherry

Faculty Publications

(Excerpt)

In recent years, I have been writing about two increasingly salient labor and employment law issues: the presence of invisible labor and the rise of people analytics.' First, invisible labor could include emotion work, such as being a colleague's "work wife," or could include "identity work" that is time and effort spent on making others feel comfortable with the worker. Invisible labor might also include uncompensated time spent in "looking good" and "sounding right." It could also include instances where technology obscures work that is being done through a website platform or mobile application. The second trend is …

Derivative Racial Discrimination, Kevin Woodson

Law Faculty Publications

This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …

Louisiana Municipal Police Employees’ Retirement System V. Wynn, Benjamin Eisenstein

NYLS Law Review

No abstract provided.

Fulk V. Norfolk Southern Railway Company, Jonathon Sizemore

NYLS Law Review

No abstract provided.

Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The advocates behind the Pregnancy Discrimination Act (PDA) of 1978 had one very specific mission: to override the Supreme Court’s 1976 decision in General Electric v. Gilbert, in which it had curiously held that pregnancy discrimination had nothing to do with gender and was thus not a form of actionable sex discrimination under Title VII of the Civil Rights Act of 1964. The Court was not acting on a blank slate; it had used the same reasoning two years earlier to hold, in Geduldig v. Aiello, that pregnancy discrimination was not sex discrimination for equal protection purposes and therefore was …

Labor And Employment Law At The 2014-2015 Supreme Court: The Court Devotes Ten Percent Of Its Docket To Statutory Interpretation In Employment Cases, But Rejects The Argument That What Employment Law Really Needs Is More Administrative Law, Scott A. Moss

Publications

No abstract provided.

A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper

Faculty Scholarship

The common law remains an intellectual battle ground in Anglo-American legal systems, even in the current age of statutes. This is true in significant part because the common law provides legitimacy for arguments actually based on policy, ideology, and interest. It also is true because of the common law's malleability and related susceptibility to significantly varied interpretations.

Mere contention over the meaning of the common law to provide legitimacy for modern statutes is most often not productive of sensible policy, however. It generally produces no more than reified doctrine unsuited for problems the common law was not framed to solve. …

Redefining "Employee" To Provide Worker Protections Within A Flexible Workforce, Robert Sprague

Robert Sprague