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Full-Text Articles in Law
Defining Genetic Information Under Gina, Shane Padilla
Defining Genetic Information Under Gina, Shane Padilla
Cleveland State Law Review
The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Cleveland State Law Review
In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed …
Officers Under The Appointments Clause, John Plecnik
Officers Under The Appointments Clause, John Plecnik
Law Faculty Articles and Essays
Much ink has been spilled, and many keyboards worn, debating the definition of "Officers of the United States" under the Appointments Clause of Article II, Section 2, Clause 2 of the Constitution. The distinction between Officers and employees is constitutionally and practically significant, because the former must be appointed by the President, with or without the advice and consent of the Senate, Courts of Law, or Heads of Departments. In contrast, employees may be hired by anyone in any manner.
Appointments Clause controversies are triggered when a government official who was hired as an employee is accused of unconstitutionally wielding …
Recharacterization Of Unreasonable Compensation: An Equitable Mandate, Barbara F. Sikon
Recharacterization Of Unreasonable Compensation: An Equitable Mandate, Barbara F. Sikon
Cleveland State Law Review
This note identifies the inequities inherent in the failure to recharacterize unreasonable compensation payments and proposes that the taxpayer be allowed to present evidence of an alternative characterization after the government determines a reasonable allowance. Part I of this note demonstrates the historical applications of section 162 supporting a purpose of challenging payments disguised as compensation with an accompanying tax advantage. It will explore the legislative history and statutory implications, as well as applications in case law. Part II explains the highly subjective character of the determination of reasonableness and explores the numerous dimensions of that judgment. Part III explains …
Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes
Cleveland State Law Review
Most profit sharing plans provide that the nonvested portion of an employee's profit sharing benefit can be forfeited when the employee incurs a break in service. A break in service often results in termination. Employees can also break their service with an employer by quitting, retiring, dying, becoming disabled, getting laid-off, or being discharged for cause. Some of these methods of incurring a break from service are voluntary while others are involuntary. Whether an employee's profit sharing benefit can be forfeited may depend on whether his break in service was voluntary or involuntary. The issue that will be addressed here …
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Cleveland State Law Review
Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …