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Articles 1 - 11 of 11
Full-Text Articles in Labor and Employment Law
Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout
Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout
Michigan Business & Entrepreneurial Law Review
When we file federal taxes, our individual tax burdens are affected by whether our employers and the IRS classify us as “employees” or “contractors.” Today, that distinction is not a neat one. Classifying workers as “employees” or “contractors” belies increasing similarities—like the ability to work remotely during the COVID-19 pandemic—between those classifications. With those increasing similarities in mind, this Note makes two arguments about the employee / contractor distinction in federal tax law. First, federal tax law draws an increasingly arbitrary and unfair line between employees and contractors given the modern substantive convergence of work done as an “employee” or …
Modernizing Disability Income For Cancer Survivors, Ann C. Hodges
Modernizing Disability Income For Cancer Survivors, Ann C. Hodges
Hofstra Labor & Employment Law Journal
The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …
The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman
The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Four Pillars Of Work Law, Orly Lobel
The Four Pillars Of Work Law, Orly Lobel
Michigan Law Review
In our contemporary legal landscape, a student wishing to study the law of the workplace has scarce opportunity to encounter an integrated body of scholarship that analyzes the labor market as the subject of government regulation, contractual duties, collective action, and individual rights. Work law developed in the American legal system as a patchwork of common law doctrine, federal and state statutes, and evolving social norms. Typical law school curricula often include courses relating to the four pillars of work law: "employment law," "labor law," "employment discrimination," and some variation of a tax-oriented "employee-benefits law." Employment law, in most categorizations, …
Labor Standards On Cypriot Ships: Myth And Reality, Iliana Christodoulou-Varotsi, Dmitri A. Pentsov
Labor Standards On Cypriot Ships: Myth And Reality, Iliana Christodoulou-Varotsi, Dmitri A. Pentsov
Vanderbilt Journal of Transnational Law
This Article offers a comprehensive comparative analysis of labor and social security standards on Cypriot and Greek ships. Potential cost savings for shipowners who register their ships in one country rather than the other may result from the absence of a given standard in the country of registration, or a lower or more flexible standard in that country than in the other. The authors conclude that the registration of ships in Cyprus does not provide overall advantages (in terms of "inferior" labor standards) over registration in Greece. Broadly speaking, shipowners may gain certain advantages by registering their ships in Cyprus …
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …
The Burdens Of Benefits, Edward J. Mccaffery
The Burdens Of Benefits, Edward J. Mccaffery
Villanova Law Review
No abstract provided.
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
West Virginia Law Review
No abstract provided.
Interstate Aspects Of Unemployment Insurance, Emmett Conner, Charles K. Cosner
Interstate Aspects Of Unemployment Insurance, Emmett Conner, Charles K. Cosner
Vanderbilt Law Review
State-operated systems of unemployment insurance, first instituted in the United States in Wisconsin in 1932, were set up in all of the states, and in the District of Columbia, Hawaii and Alaska within the two years following the enactment in 1935 of Titles III and IX of the Social Security Act.' Mutual problems of administration and of coordination among the various state programs led to a series of conferences of state officials charged with the operation of the systems. These early conferences were informal in nature, but steps were taken looking toward the creation of a formal organization. With the …
The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch
The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch
Indiana Law Journal
No abstract provided.
The Uncompensated Industrial Injury, Stanley Law Sabel
The Uncompensated Industrial Injury, Stanley Law Sabel
Michigan Law Review
Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.