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Full-Text Articles in Law
Employment At Will And Public Policy, Frank J. Cavico
Employment At Will And Public Policy, Frank J. Cavico
Akron Law Review
The purposes of this article are to examine the current public policy case law, commentary, and related statutes, to explain and interpret in detail this significant area of employment law, and to propose a just principle to govern the discharge aspect of the employment relation.
The Cat’S Paw Supervisor: Vance V. Ball State University’S Flexible Jurisprudence, Daniel Leigh
The Cat’S Paw Supervisor: Vance V. Ball State University’S Flexible Jurisprudence, Daniel Leigh
Northwestern University Law Review
It is easier to hold a company liable for workplace harassment perpetrated by a supervisor than by a coworker. In Vance v. Ball State University, the Supreme Court attempted to clarify the crucial yet enigmatic definition of “supervisor.” In doing so, the Court created a definition that early commentators criticized as too narrow and too inflexible to capture the varied structures of the modern workplace. In contrast to those commentators, this Note argues that Vance’s definition is flexible enough to encompass all workplaces. Vance’s definition does this by incorporating the tort concept of proximate causation into employment …
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
The Journal of Business, Entrepreneurship & the Law
Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among the circuits. It then argues for a limited exception to the FLSA inspired by the “small business exception” to the Affordable Care Act.
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy
Catholic University Law Review
This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision …
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Hofstra Labor & Employment Law Journal
This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.
The grant-in-aid football players of Northwestern University meet the three rules normally used to …
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
NYLS Law Review
No abstract provided.