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Articles 1 - 9 of 9
Full-Text Articles in Labor and Employment Law
Banning Noncompetes In Virginia, Christopher J. Sullivan, Justin A. Ritter
Banning Noncompetes In Virginia, Christopher J. Sullivan, Justin A. Ritter
University of Richmond Law Review
The past decade has seen a nationwide wave of reform in noncompete law, specifically the limitation of noncompete agreements. Since 2016, ten states—including Virginia in 2020— banned the use of noncompete agreements against certain “lowwage” employees. In order to stay ahead of this curve and ensure Virginia remains and grows as one of the top states to do business, this Article suggests that Virginia—like its neighbor, the District of Columbia, initially did in 2021—pass a complete ban of all noncompete agreements in the employment context. Such a ban would make Virginia a lucrative destination for entrepreneurs and startups by maximizing …
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
University of Cincinnati Law Review
No abstract provided.
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba
SAIPAR Case Review
The Court of Appeal of Zambia, in the case of Mubita Mwananuka v Armaguard Security CAZ Appeal No. 201/2021, delivered a Ruling on 3rd August 2022 to divest the High Court General List of jurisdiction over employment matters. I argue that this decision is in clear violation of the Constitution and demonstrates bewildering disregard of precedents by the Supreme Court and the Constitutional Court, which bind the Court of Appeal.
2021 Rhode Island Public Laws, Madison C. Picard
2021 Rhode Island Public Laws, Madison C. Picard
Roger Williams University Law Review
No abstract provided.
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
Touro Law Review
There is a common myth that juvenile records are confidential, when in fact only nine states fully prohibit public access to juvenile records. Landlords, employers, and educators in a majority of states may ask questions about a juvenile’s record. Studies have shown that employers are less likely to hire an applicant who has a juvenile delinquency, and that many employers may not be able to differentiate between a juvenile and adult record. This Note reviews the intersectional flaws of the New York juvenile justice system and the New York labor laws. Specifically, it evaluates policies New York has implemented with …
Beagan V. Rhode Island Department Of Labor And Training, 253 A.3d 858 (R.I. 2021), Candace Quinn
Beagan V. Rhode Island Department Of Labor And Training, 253 A.3d 858 (R.I. 2021), Candace Quinn
Roger Williams University Law Review
No abstract provided.
Blurring The Line Between Student And Employee: Exploitation Of For-Profit College Students, Michele Abatangelo
Blurring The Line Between Student And Employee: Exploitation Of For-Profit College Students, Michele Abatangelo
Touro Law Review
For decades, for-profit colleges throughout the United States have exploited their students through a predatory business model. In February 2022, the Education Department approved $415 million in borrower defense claims for nearly 16,000 students who attended for-profit schools finding that these schools misrepresented post-graduation employment prospects. For-profit colleges also use manipulative recruitment tactics such as targeted advertising of low-income and minority students and providing false information to prospective students about loan repayment obligations post-graduation. Some for-profit institutions also rely on student labor in their facilities rather than hiring paid employees. This review discusses why it is imperative that courts scrutinize …
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise
Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise
Touro Law Review
Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.
Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …
The Americans With Disabilities Act Amendments Act: What About Reasonable Accommodation? Where Are We Now?, Teressa Elliott, Kathleen A. Carnes
The Americans With Disabilities Act Amendments Act: What About Reasonable Accommodation? Where Are We Now?, Teressa Elliott, Kathleen A. Carnes
Touro Law Review
The Americans with Disabilities Act Amendments Act (“ADAAA”) was passed in 2008 and became effective on January 1, 2009. There are issues regarding reasonable accommodation that have arisen in connection with this Act. This article first explains what changes were made to the ADA’s employment-related provisions with the ADAAA and also explains the relevant U.S. Supreme Court cases that led to passage of the ADAAA. Reasonable accommodation under the Act and reasonable accommodation cases are then discussed as well as the U.S. Airways v. Barnett case. We then end with ways to interpret these cases for guidance and the conclusion …