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Labor and Employment Law

2018

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Articles 1 - 30 of 275

Full-Text Articles in Law

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to ...


The Regulation Of Fixed-Term Employment Contracts In The Legislation Of Foreign Countries: Comparative-Legal Analysis, B.D. Rakhimberganova Dec 2018

The Regulation Of Fixed-Term Employment Contracts In The Legislation Of Foreign Countries: Comparative-Legal Analysis, B.D. Rakhimberganova

Review of law sciences

this article studies the level of regulation of a fixed-term employment contract in the legislation of foreign countries and conducted a comparative legal analysis of the norms of national legislation. A scientific and practical conclusion on the improvement of national legislation was also drawen.


New Institution: Resolving Labour Disputes Through Mediation, M.A. Raximov Dec 2018

New Institution: Resolving Labour Disputes Through Mediation, M.A. Raximov

Review of law sciences

the article analyzes the essence of the mediation procedure and its applicability to labor disputes, reveals the advantages of this method of resolving conflicts in the labor sphere, and also identifies some problems of its implementation. The question of the difference between decision of court, the resolution of a dispute in the labor dispute committee and the mediation procedure is raised. Based on the results of the study, the author concludes that the inclusion of mediation in the labor dispute settlement system meets the goals of increasing the stability of labor relations and encourages employees and employers to find a ...


The Effect Of A New Edited Labor Code Of The Republic Of Uzbekistan On The Development Of Entrepreneurship And Investment Activity, Sh.A. Ismoilov Dec 2018

The Effect Of A New Edited Labor Code Of The Republic Of Uzbekistan On The Development Of Entrepreneurship And Investment Activity, Sh.A. Ismoilov

Review of law sciences

The article discusses the need for a new edition of the Labor Code of the Republic of Uzbekistan and its impact on the development of business and investment activities in the country. Debating questions which the new edition of the Labor Code will change the current edition are analyzed. In particular, various solutions are proposed in relation to various kinds of disputable situations within employees, business representatives and the state, arising in the sphere of social and labor relations. The fact that there is no unified approach to adoption of the Labor Code in a new edition, first, it justifies ...


The Essence Test: Picking Up A Supreme Court Fumble, Thomas Gentry Dec 2018

The Essence Test: Picking Up A Supreme Court Fumble, Thomas Gentry

Catholic University Law Review

Labor arbitration is the primary mean by which employers and employees resolve disputes. The shortcomings of the Supreme Court’s jurisprudence on labor arbitration have intensified as more employees opt for arbitration. These shortcomings are no more apparent than with the National Football League and its players.

This Comment uses NFL player Adrian Peterson and his player-discipline arbitration process as an example of the gaps in the Supreme Court’s case law. The Supreme Court announced the Essence Test in 1960 with the seminal Steelworker Trilogy Cases. Since 1960, lower courts have been unable to consistently apply the test, leading ...


Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller Dec 2018

Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller

Catholic University Law Review

The equitable defense of laches generally cannot be used against the sovereign. This broad proposition, adopted from English Courts of Equity, cements itself in United States federal case law. It is a longstanding principle that the federal government protects the public good and must be exempt from the defenses that could be brought up in a private suit. Administrative agencies bear a similar role, and exemption, when litigating as the United States on behalf of the public.

However, courts do not affirmatively restrict the use of laches against administrative agencies who may be acting on behalf of a private litigant ...


Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget Dec 2018

Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget

Capstones

This project examines the impact of minimum wage increases across major industries in New York City and State and concludes they have been manageable and even fueled broader economic growth. Since the incremental wage hikes were first signed into law in 2015, data and anecdotal evidence has shown business owners have been able to make it work and many of critics' concerns that the higher labor costs would lead to disemployment have been misplaced. The story provides an in-depth analysis of how restaurant and food establishments, health care and retail employers have adapted to higher labor costs by innovating their ...


Regulating Strikes In Essential Services - Canada, Eric Tucker Dec 2018

Regulating Strikes In Essential Services - Canada, Eric Tucker

Eric M. Tucker

This chapter was written as a part of a comparative law project examining the regulation of strikes in essential services. It describes and analyses Canada's experience with strikes in essential services, including the historical development of essential service strike regulation, Canada's shifting understanding of essentiality and, most recently, the implications of constitutional labour rights, including the right to strike, for essential service strike regulation. It also looks at the law in action through a consideration of the application of these laws in their specific contest.


Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack Dec 2018

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack

Eric M. Tucker

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.


Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell Dec 2018

Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell

Genocide Studies and Prevention: An International Journal

No abstract provided.


Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow Dec 2018

Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow

Nevada Law Journal

No abstract provided.


Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law, Richard Blum Dec 2018

Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law, Richard Blum

Nevada Law Journal

No abstract provided.


The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia Dec 2018

The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


The Multiple Justifications Of Occupational Licensing, Nick Robinson Dec 2018

The Multiple Justifications Of Occupational Licensing, Nick Robinson

Washington Law Review

Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing increased consumer costs and impairing labor mobility and economic freedom. To address these concerns, many policymakers and academics argue that licensing restrictions should be more closely tailored to the goal of protecting the public from harm and that, to guard against capture, practitioners should not regulate their own licensing. Federal courts, in turn, have drawn on this vision of the proper role of occupational ...


Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett Dec 2018

Finding A Better Way Around Employment At Will: Protecting Employees’ Autonomy Interests Through Tort Law, William R. Corbett

Buffalo Law Review

No abstract provided.


There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle Dec 2018

There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle

Journal of Legislation

No abstract provided.


Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz Dec 2018

Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz

Georgia State University Law Review

The Act amends Georgia’s statute to give state employers the authority to drug test certain applicants to various public positions. The Act adds opioids, opioid analgesics, and opioid derivatives to the list of drugs for which state employers may screen.


Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett Dec 2018

Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett

Journal Articles

No abstract provided.


Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison Dec 2018

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Faculty Scholarship

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues ...


#Metoo & Tax, Margaret Ryznar Nov 2018

#Metoo & Tax, Margaret Ryznar

Washington and Lee Law Review Online

Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.


Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla Nov 2018

Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla

William & Mary Law Review

No abstract provided.


A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review Nov 2018

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.


Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe Nov 2018

Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe

World Maritime University Dissertations

No abstract provided.


Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham Nov 2018

Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham

Cornell Law Review

Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision ...


Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring Nov 2018

Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

A growing number of individuals now perform work in the sector known as the “sharing economy,” and their participation raises important tax and regulatory questions. In this chapter, we survey some of the key tax issues confronting individuals operating in the sharing economy in the United States. Many of the tax implications that arise in sharing economy work stem from the threshold decision by many platforms to classify such individuals as independent contractors rather than employees. Therefore, we first discuss how the threshold classification decision affects the substantive and compliance-related tax issues faced by individuals operating in the sharing economy ...


Tax Issues In The Sharing Economy: Implications For Workers, Diane Ring, Shu-Yi Oei Nov 2018

Tax Issues In The Sharing Economy: Implications For Workers, Diane Ring, Shu-Yi Oei

Boston College Law School Faculty Papers

In this chapter, we survey some of the key tax issues that have confronted individuals operating in the sharing economy. While our discussion focuses on the United States, these classification, documentation, and compliance challenges frequently arise in other countries. Many of the tax implications of this work stem from the threshold decision by many platforms to classify such individuals as independent contractors rather than employees. Therefore, we first discuss how the threshold classification decision affects the substantive and compliance- related tax issues faced by individuals operating in the sharing economy. We briefly summarize the doctrinal tax rules governing income taxation ...


Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000, Stepan Wood Nov 2018

Interactive Strategies For Advancing Marginalized Actors In Transnational Governance Contests: Labour And The Making Of Iso 26000, Stepan Wood

Faculty Publications

This chapter explores the role of organized labour in drafting the ISO 26000 guidance standard on social responsibility (SR) as a case study of the circumstances in which weaker actors can take advantage of transnational business governance interactions (TBGIs) to achieve regulatory outcomes that advance their interests. Organized labour initially opposed the development of an ISO standard on SR and was vastly outnumbered when it joined this project in a defensive posture. Yet it achieved remarkably wide and strong protection for workers in ISO 26000 compared to other leading SR initiatives. Integrating theories of legitimation and regulatory enrolment, I theorize ...


Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman Oct 2018

Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman

Neal F. Newman

This piece is a follow-up to a previous article that I wrote on Regulation A. In April of 2012, then President Barack Obama signed into law the Jumpstart our Business Start Ups (JOBS) Act. Under the JOBS Act’s Title IV, Congress made revisions to a private offering exemption referred to as Regulation A with the intention of reviving an exempt offering option that was close to dormant. The primary Regulation A criticism being that issuers were required to do too much in terms of providing business and financial disclosure where the most the issuer could raise though a Regulation ...


Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman Oct 2018

Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman

Faculty Scholarship

This piece is a follow-up to a previous article that I wrote on Regulation A. In April of 2012, then President Barack Obama signed into law the Jumpstart our Business Start Ups (JOBS) Act. Under the JOBS Act’s Title IV, Congress made revisions to a private offering exemption referred to as Regulation A with the intention of reviving an exempt offering option that was close to dormant. The primary Regulation A criticism being that issuers were required to do too much in terms of providing business and financial disclosure where the most the issuer could raise though a Regulation ...


Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin Oct 2018

Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin

Boston College Law Review

Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...