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Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson 2022 Brigham Young University Law School

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


Without Accommodation, Jennifer Bennett Shinall 2022 Vanderbilt University Law School

Without Accommodation, Jennifer Bennett Shinall

Indiana Law Journal

Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job ...


Arbitration And The Right To Have Your Day In Court: Meeting Again At The Turning Of The Tide, Lucas Clover Alcolea 2022 Pepperdine University

Arbitration And The Right To Have Your Day In Court: Meeting Again At The Turning Of The Tide, Lucas Clover Alcolea

Pepperdine Dispute Resolution Law Journal

This article aims to explore court decisions which have made arbitration less attractive to businesses—both those which have refused to enforce arbitration clauses and paradoxically and those which have enforced arbitration clauses—as well as to provide an overview of businesses' reactions to those decisions and make some predictions about the future direction of travel. To that end, this article will be divided into three main parts. The first will explore the decision of New Prime Inc. as well as the various federal appellate decisions that have applied it. The second will explore the challenges posed by mass arbitration ...


Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. McGrath 2022 University of Arkansas at Little Rock William H. Bowen School of Law

Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath

University of Arkansas at Little Rock Law Review

No abstract provided.


Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis 2022 University of Arkansas at Little Rock William H. Bowen School of Law

Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.


The Stubborn Persistence Of The Lawyer Exemption In Canadian Collective Bargaining Legislation, David J. Doorey 2022 York University

The Stubborn Persistence Of The Lawyer Exemption In Canadian Collective Bargaining Legislation, David J. Doorey

Dalhousie Law Journal

In 1948, the Canadian government introduced transformative collective bargaining legislation that would serve as a template for provincial labour law in the postwar period. However, some employees were excluded entirely from this legislation, including employees in five professions, law among them. By the 1970s, the federal government and most provinces had repealed the professional exclusion from the primary collective bargaining legislation. However, four jurisdictions—Ontario, Alberta, Nova Scotia, and Prince Edward Island (Exclusionary Provinces)—have stubbornly preserved the exclusion. This essay traces the history and justifications proffered for the lawyer exclusion from Canadian collective bargaining legislation from the 1940s to ...


Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz 2022 Villanova University Charles Widger School of Law

Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz

Villanova Law Review

No abstract provided.


Delayed & Denied: Recalibrating The Erisa Attorney's Fee Factors For Healthcare Claims, Katherine T. Vukadin 2022 Villanova University Charles Widger School of Law

Delayed & Denied: Recalibrating The Erisa Attorney's Fee Factors For Healthcare Claims, Katherine T. Vukadin

Villanova Law Review

No abstract provided.


Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier 2022 University of San Francisco

Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier

Arkansas Law Review

Three major developments underlie the law of architect or engineer (a/e) liability to construction workers, beginning in the second half of the twentieth century: (1) a change from a no-duty regime to a duty of care under a foreseeability test, (2) reactions to that expanded liability by changes to standard form documents by industry associations (in particular the American Institute of Architects (AIA)), (3) currently culminating in a broad national consensus. The Arkansas Supreme Court was instrumental in framing the issues of this jurisprudence early in its development and later contributed to its continued evolution.


Construction Law: The English Route To Modern Construction Law, Vivian Ramsey 2022 King's College, London

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has ...


A Nun, A Synagogue Janitor, And A Social Work Professor Walk Up To The Bar: The Expanding Ministerial Exception, Patrick Hornbeck 2022 Graduate School of Arts and Sciences, Fordham University

A Nun, A Synagogue Janitor, And A Social Work Professor Walk Up To The Bar: The Expanding Ministerial Exception, Patrick Hornbeck

Buffalo Law Review

Some employees who hold significant positions within some religious organizations fall outside the protections of certain laws, especially employment discrimination laws. But which employees, which organizations, and which laws? In its 2020 decision in Our Lady of Guadalupe School v. Morrissey-Berru, the Supreme Court reaffirmed the “ministerial exception” doctrine, a constitutional immunity that is “extraordinarily potent” where applicable.1 The doctrine exempts religious employers from liability for nearly all forms of discrimination, some torts, and some breaches of contract, even when an employer does not act for religious reasons.

This Article argues that Our Lady of Guadalupe School marks a ...


Walking Between The Lines: Why The Wright Line Standard Is Not Always Applicable While Employees Demand Safer Covid-19 Working Conditions, Michelle Verkhoglaz 2022 Brooklyn Law School

Walking Between The Lines: Why The Wright Line Standard Is Not Always Applicable While Employees Demand Safer Covid-19 Working Conditions, Michelle Verkhoglaz

Brooklyn Journal of Corporate, Financial & Commercial Law

Before the National Labor Relation Board’s (NLRB) July 2020 decision in General Motors LLC and Charles Robinson, employers faced difficulty in disciplining employees that engaged in protected activity under the National Labor Relations Act (NLRA) when their behavior was abusive. However, this changed after the NLRB adopted the Wright Line standard in General Motors, a burden-shifting analysis that gives employers the opportunity to prove that the employer would have taken the same action even without the NLRA protected activity. Compared to the NLRB’s prior standards, this standard offers employers a clear-cut defense and the ability to adhere to ...


Reasonable Rulemaking Under Osha: Is It Feasible., Donald R. Taylor 2022 St. Mary's University

Reasonable Rulemaking Under Osha: Is It Feasible., Donald R. Taylor

St. Mary's Law Journal

Abstract Forthcoming.


Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann 2022 University of Arkansas at Little Rock William H. Bowen School of Law

Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann

University of Arkansas at Little Rock Law Review

No abstract provided.


Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas 2022 Cleveland-Marshall College of Law

Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas

Journal of Law and Health

As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the ...


Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer 2022 St. Mary's University School of Law

Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer

St. Mary's Law Journal

Abstract forthcoming.


How To Pay Off Hard Work, Juliette Hernandez 2022 University of Miami Law School

How To Pay Off Hard Work, Juliette Hernandez

University of Miami Business Law Review

No abstract provided.


Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson 2022 Fordham University School of Law

Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson

Fordham Law Review Online

This Article analyzes U.S. ratification of International Labour Organization (ILO) Convention 169, Indigenous and Tribal Peoples Convention (“Convention 169” or “C. 169”), by evaluating the impact in terms of its ability to solidify its protections of the land and lifeways of Arctic Indigenous people and strengthen the United States’s position as an international leader in Arctic life, development, and policy. Part I presents the issues. Part II introduces the growth of a polar shipping industry in the context of a rapidly melting Arctic. Part III provides a brief gloss on the complex and shifting international legal framework governing ...


A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach 2022 University of Cincinnati College of Law

A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach

University of Cincinnati Law Review

No abstract provided.


Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell 2022 University of Miami Law School

Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell

University of Miami Race & Social Justice Law Review

For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as ...


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