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Articles 1 - 14 of 14
Full-Text Articles in Labor and Employment Law
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
Hofstra Labor & Employment Law Journal
When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups. With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers …
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
Hofstra Labor & Employment Law Journal
No abstract provided.
Winds Of Change Are Blowing From The Obama Nlrb, J. Michael Lightner
Winds Of Change Are Blowing From The Obama Nlrb, J. Michael Lightner
Hofstra Labor & Employment Law Journal
No abstract provided.
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
Evaluating The Legality Of Employer Surveillance Under The Family And Medical Leave Act: Have Employers Crossed The Line?, Brandon Sipherd, Christopher Volpe
Evaluating The Legality Of Employer Surveillance Under The Family And Medical Leave Act: Have Employers Crossed The Line?, Brandon Sipherd, Christopher Volpe
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Hofstra Labor & Employment Law Journal
No abstract provided.
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Hofstra Labor & Employment Law Journal
There was a significant period in early American history where unlimited liability coexisted with limited liability and certain industries or creditors received more favorable treatment. Limited liability was originally conceived as an extraordinary privilege granted to a select few. In the Twentieth Century, it has been transformed into the default rule for all corporations and entities. The prevalence of limited liability in modern times has undermined fundamental labor protections guaranteeing workers’ their wages. The tension between the limited liability rule and labor rights is fundamentally about who the law favors. Limited liability is risk allocation – shifting to the creditors …
Express Yourself: Striking A Balance Between Silence And Active, Puposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Express Yourself: Striking A Balance Between Silence And Active, Puposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
Hofstra Labor & Employment Law Journal
When the NLRA was enacted in 1935, 13.2% of workers were union members. Industrial unions used the power provided in the NLRA to organize manufacturing workers and achieve a union membership of 35% by the mid-1950s. Although the NLRA was significantly amended in 1947 and 1959, it has not been meaningfully changed since then. As a result, a statute designed for mass production industries is no longer relevant to the service and white-collar positions occupied by most individuals today. The NLRA must be modified to include independent contractors who work like regular employees and perma-temps hired from employment agencies on …
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Hofstra Labor & Employment Law Journal
No abstract provided.
Some Current Thinking At The Board From Brooklyn And Beyond, Alvin P. Blyer
Some Current Thinking At The Board From Brooklyn And Beyond, Alvin P. Blyer
Hofstra Labor & Employment Law Journal
No abstract provided.
Take Your Paws Off Me: An Argument In Favor Of Revising The Occupational Safety And Health Act And The Protecting America's Workers Act, Jaime Rigel, Alexi T. Poulianos
Take Your Paws Off Me: An Argument In Favor Of Revising The Occupational Safety And Health Act And The Protecting America's Workers Act, Jaime Rigel, Alexi T. Poulianos
Hofstra Labor & Employment Law Journal
No abstract provided.