Cornell Univserity
Campbell University School of Law
Georgetown University Law Center
Seattle University School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Indiana University Maurer School of Law
City University of New York
How Irrational Actors In The Ceo Suite Affect Corporate Governance,
2018
Boston College Law School
How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones
Boston College Law School Faculty Papers
No abstract provided.
A Look At Inequality, Workers’ Rights, And Race,
2018
University of Minnesota Law School
A Look At Inequality, Workers’ Rights, And Race, William E. Spriggs
Law & Inequality: A Journal of Theory and Practice
No abstract provided.
A Conversation On Learning From The History Of The Civil Rights Movement,
2018
University of Minnesota Law School
A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale
Law & Inequality: A Journal of Theory and Practice
Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017
Workplace Privacy In The Age Of Social Media,
2018
Cleveland-Marshall College of Law
Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro
The Global Business Law Review
This note addresses the lack of adequate protections in Ohio for social media privacy laws in the workplace and compares proposed legislation in Ohio to legislation that has passed in other states. It examines the provision of the SCA including the definition of "user" and whether social media sites fall under its umbrella. It also looks at the safeguards and limitations of the SCA and how it is used to protect a private employee’s social media account. It analyzes the state statutory laws in Arkansas, Illinois, and California passed specifically to prevent employers from requesting passwords to personal Internet ...
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii,
2018
DePaul University
One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii, Kaitlyn Krall
DePaul Journal of Women, Gender and the Law
No abstract provided.
Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law,
2018
University of Maryland Francis King Carey School of Law
Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry
Maryland Law Review
No abstract provided.
Reconsidering The Immutability Of "Race": An Examination Of The Disconnect Between "Race" In Title Vii Jurisprudence And Social Science Literature,
2018
Duquesne University
Reconsidering The Immutability Of "Race": An Examination Of The Disconnect Between "Race" In Title Vii Jurisprudence And Social Science Literature, Natalie Tupta
Graduate Student Research Symposium
This paper discusses reconceptualizing racial discrimination under Title VII of the Civil Rights Act in light of modern social science theories on racial identity. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin, and the judiciary calls these bases for discrimination “protected classes.” To bring a successful legal claim under Title VII, a person must demonstrate that she actually belongs to a protected class. In the case of a claim of racial discrimination, this means the plaintiff must belong to a racial group based on immutable characteristics, which are traits that cannot simply ...
Why Doesn't The U.S. Mandate Paid Leave?,
2018
Dordt College
Why Doesn't The U.S. Mandate Paid Leave?, Donald Roth
Faculty Work Comprehensive List
"The U.S. has vastly different guarantees when it comes to legislative mandates; however, the focus on laws skews the picture in important ways."
Posting about factors affecting paid time off from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
https://inallthings.org/why-doesnt-the-u-s-mandate-paid-leave/
Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance,
2018
Osgoode Hall Law School of York University
Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs
Conference Papers
Recently I contributed to a volume on the philosophical foundations of labour law. Most contributors located our subject within the discourse of liberal democracy, using terms such as “distributive justice”, “non-exploitation”, “dignity”, “citizenship”, and “social inclusion”. If you have a good memory, you’ll recall that such terminology once commanded respect amongst intellectuals and policy makers, that they were endorsed across the political spectrum, that they enjoyed widespread, if not deep, public support, that they even inspired practical public policies. If you have a good memory you’ll remember all that.
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect,
2018
University of Missouri School of Law
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
The Business, Entrepreneurship & Tax Law Review
The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around ...
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations,
2018
Roger Williams University School of LAw
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
St. Mary's Law Journal
Abstract forthcoming
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements,
2018
Brooklyn Law School
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh ...
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation,
2018
Brooklyn Law School
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation, Rochella T. Davis
Brooklyn Journal of Corporate, Financial & Commercial Law
As of late, labor markets have been a focus point in antitrust enforcement. In 2016 the Department of Justice (DOJ) announced an unprecedented policy to pursue no-poaching agreements criminally. More recently, in January 2018, the DOJ’s Attorney General indicated that the agency is following through on the policy. This Article argues that the DOJ’s new policy is logical and prudent because the economic effects that no-poaching agreements have on labor markets mirror the anticompetitive effects of customer allocation agreements. It also shows that the policy is well-supported by labor economics and antitrust policies. In efforts to comply with ...
Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties,
2018
Brooklyn Law School
Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, the New York City Council enacted the Freelance Isn’t Free Act (FIFA) to protect freelancers from non-payment. Among FIFA’s protections is the requirement that hiring parties provide a written contract to freelancers for any work exceeding $800 over a 120-day period. As the nation’s first legislation ensuring freelancers’ rights, FIFA marks a major turning point in the development of protections for the gig economy’s growing independent workforce. While its purpose is laudable and necessary, this Note argues that FIFA is currently too ambiguous. To resolve FIFA’s ambiguity, this Note recommends, at the very least ...
Picketing In The New Economy,
2018
Boston College Law School
Picketing In The New Economy, Hiba Hafiz
Hiba Hafiz
Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister
Nevada Supreme Court Summaries
Health benefits," as considered by the Minimum Wage Act of the Nevada Constitution, must mean the equivalent of one extra dollar per hour in wages to the employee, but offered in the form of health insurance as opposed to dollar wages.
Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim,
2018
Cleveland-Marshall College of Law
Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim, Joseph W. Mchugh
Cleveland State Law Review
In the highly competitive gig-economy, companies are constantly trying to leverage whatever they can to gain a competitive advantage over competitors. One method of doing so is saving on employment costs by classifying workers as independent contractors. There are two ways to accomplish this: (1) structure the business as an internet-based marketplace or platform; or (2) structure the relationship between the business and the worker in a way that ensures the worker remains classified as an independent contractor under either the common law control test or the economic realities test. Both Uber and Lyft have faced accusations of intentionally misclassifying ...
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed,
2018
Cleveland-Marshall College of Law
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
Cleveland State Law Review
Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to ...
Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit,
2018
The Catholic University of America, Columbus School of Law
Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz
Catholic University Law Review
The phrase “cat’s paw” comes from an Aesop’s fable and has been used to define a person used by another as a tool or a scapegoat. The phrase was coined and injected into employment discrimination law by Judge Richard Posner in Shager v. Upjohn Co. and later adopted by the U.S. Supreme Court in Staub v. Proctor Hospital. In Staub, the Supreme Court held that an employer could be liable for an adverse employment decision that was based on the recommendation of a supervisor who possessed a discriminatory or retaliatory bias against the adversely affected employee. However ...
