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Labor and Employment Law Commons

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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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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. Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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.