Law Commons^™

Finding The Goldilocks Zone: Negotiating Your First Employment Offer In Legal Academia, Darby Dickerson

Journal of Legal Education

No abstract provided.

Opposite Sides Of The Same Coin: Worker Classification In The New Economy, Griffin Toronjo Pivateau

Hofstra Labor & Employment Law Journal

Massive changes have disrupted the institution of employment. The growth of the service sector, technological advancements, and developments in the finance market have created a demand for new employment models. Employers have responded by increasingly utilizing independent contractors to fill positions traditionally held by employees.

Designating a worker as either "employee" or "independent contractor" determines the degree to which employment law applies to the worker. An independent contractor falls outside many of the benefits and protections that the law provides employees. Currently, courts, states, and administrative agencies use a confusing array of employment tests, created for different purposes and different …

Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler

WRIT: Journal of First-Year Writing

In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …

Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff

South Carolina Law Review

No abstract provided.

To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King

South Carolina Law Review

No abstract provided.

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter

Northern Illinois University Law Review

Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law. But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for …

The Gig Economy: An Annotated Bibliography, Matthew L. Timko

Northern Illinois University Law Review

Companies like Uber, Lyft, Postmates, Airbnb, and others have become established within society, to the point that Uber has become a regularly used verb. While the consumer benefits of these companies has been immediate, the legal implications remain far murkier. This emerging market has demonstrated that the twentieth century laws are unable to cope with these twenty-first century businesses in regard to employee rights, employer responsibilities, consumer protections, and federal and state regulations. This bibliography presents the primary and secondary sources which are essential to understanding what has been termed the "gig economy" so that readers have a background of …

Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson

Pepperdine Dispute Resolution Law Journal

This note will provide general insight into a growing civil rights movement through discussion of Ban the Box, then make the case for mediation as the best alternative for providing a remedy to applicants whose rights have been violated. Mediation can more effectively achieve the goals of Ban the Box by incentivizing applicants to report instances of nonconformity with the law, empowering the applicants to engage in honest discourse with their prospective employers, and combatting the negative stigma surrounding persons with criminal records that often keeps employers from hiring the qualified employees that they need.

Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.