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Worker (Mis)Classification In The Sharing Economy: Square Pegs Trying To Fit In Round Holes, Robert Sprague 2015 University of Wyoming

Worker (Mis)Classification In The Sharing Economy: Square Pegs Trying To Fit In Round Holes, Robert Sprague

Robert Sprague

How is it that the world’s largest taxi service claims it is not a transportation company? How can an iconic worldwide package delivery company argue that it is not in the package delivery business? These are just two idiosyncrasies of the modern economy in which microentrepreneurial contractors using their own resources carry out the fundamental operations of enterprises.

Businesses and courts have long struggled trying to determine whether certain workers are employees or independent contractors. Originally, the focus was on whether the employer should be held liable to third parties for injuries arising from the employer’s workers—it ...


The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell III 2015 Emory University School of Law

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin 2015 University of Georgia School of Law

European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin

Georgia Journal of International & Comparative Law

No abstract provided.


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney 2015 John Marshall Law School

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney

Pace Law Review

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


#Fired: The National Labor Relations Act And Employee Outbursts In The Age Of Social Media, James Long 2015 Boston College Law School

#Fired: The National Labor Relations Act And Employee Outbursts In The Age Of Social Media, James Long

Boston College Law Review

National Labor Relations Act (“NLRA”) has long protected employees’ rights to engage in “concerted activity” for their mutual aid or protection. Enacted in 1935, the NLRA could not have foreseen the twenty-first century collision between employment law and social media. When evaluating social media cases, the National Labor Relations Board (“NLRB”) has had difficulty determining when an employee’s social media post is an individual complaint or a protected concerted activity. This Note examines the NLRA and its protection of employees who have faced employment consequences for their social media activities. It argues that the NLRB should modify its approach ...


Drive At Your Own Risk: Uber’S Misrepresentations To Uberx Drivers About Insurance Coverage Violate California’S Unfair Competition Law, Jennie Davis 2015 Boston College Law School

Drive At Your Own Risk: Uber’S Misrepresentations To Uberx Drivers About Insurance Coverage Violate California’S Unfair Competition Law, Jennie Davis

Boston College Law Review

Ride-sharing services such as Uber and Lyft have revolutionized the private transportation market. Given the lack of clear regulations over these businesses, however, insurance industry experts disagree with Uber about the adequacy of uberX drivers’ existing insurance coverage. This Note asserts that Uber misleads uberX drivers about the type and amount of coverage available to them, as uberX drivers have no first-party protections in place while they drive around searching for fares. This Note further argues that based on these insurance misrepresentations, Uber may be liable to injured uberX drivers under California’s unfair competition law for engaging in unfair ...


Compromising Equality: An Analysis Of The Religious Exemption In The Employment Non-Discrimination Act And Its Impact On Lgbt Workers, Erik S. Thompson 2015 Boston College Law School

Compromising Equality: An Analysis Of The Religious Exemption In The Employment Non-Discrimination Act And Its Impact On Lgbt Workers, Erik S. Thompson

Boston College Journal of Law & Social Justice

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“2013 ENDA”), a bill that attempted to incorporate both sexual orientation and gender identity as protected classes under Title VII of the Civil Rights Act of 1964. The 2013 ENDA was an important initiative that addressed a long history of employment discrimination against gay, lesbian, bisexual, and transgendered employees. The bill, however, provided a broad exemption for religiously affiliated organizations operating in secular fields. This religious exemption excluded a significant number of organizations hiring secular-in-function employees from the bill’s prohibition of discriminatory practices. Although Congress dismissed ...


Freedom Of Establishment Within The European Union & Italian Logistics And Transport Companies, Sajjad Khaksari 2015 Politecnico di Torino

Freedom Of Establishment Within The European Union & Italian Logistics And Transport Companies, Sajjad Khaksari

SAJJAD KHAKSARI

When European Union (UE) fixed “FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION”, transport world dramatically has changed, as many other EU industries. A dramatic change that was not so visible for costumers (who received transport or logistics services) but it has changed the Labour Rights for the persons whose are working hard in the hard conditions...


No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack 2015 Pepperdine University

No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack

The Journal of Business, Entrepreneurship & the Law

Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among the circuits. It then argues for a limited exception to the FLSA inspired by the “small business exception” to the Affordable Care Act.


Your Former Employer’S 401(K) Plan, Jeanne Medeiros JD 2015 University of Massachusetts Boston

Your Former Employer’S 401(K) Plan, Jeanne Medeiros Jd

Pension Action Center Publications

When you leave a job where you have participated in a 401(k) plan, you may have a number of different options about what to do with the money in that account. This fact sheet explains those options and offers guidance about the pros and cons of each option.

Here are some frequently asked questions answered in this face sheet:

Q. Can I leave my money in my former employer’s plan?

Q. What are my other options?

Q. If I decide to withdraw the account balance from my former employer’s plan, how do I do that, and how ...


Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee 2015 Nevada Law Journal

Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee

Nevada Supreme Court Summaries

NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.


Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, Aditi Kumar 2015 American University Washington College of Law

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, Aditi Kumar

Aditi Kumar

Constructive discharge is a long-standing phenomenon. The doctrine emerged in the 1930s in the context of alleged unfair labor practices under the National Labor Relations Act (NLRA). Constructive discharge occurs when the working conditions are so intolerable that a reasonable employee feels that she no choice but to quit her job. The Supreme Court brought the discussion of constructive discharge to light in Pennsylvania State Police v. Suders[1] where it discussed this principle in a hostile work environment context. Over the years, there has been much debate over the time period when a constructive discharge claim should begin. Since ...


Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman 2015 University of Florida Levin College of Law

Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman

Florida Law Review

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural right to terminate without notice—is neither historically supported nor legally correct. Employment at will, as originally expressed, was a mere duration presumption reflecting America’s rejection of the predominant British rule favoring one-year employment terms. While subsequent case law expanded the presumption in ...


Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi 2015 University of Maryland Francis King Carey School of Law

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.


Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage 2015 College of William & Mary Law School

Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage

William & Mary Journal of Women and the Law

No abstract provided.


Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague 2015 University of Wyoming

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing ...


Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons 2015 University of Georgia School of Law

Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons

Georgia Journal of International & Comparative Law

No abstract provided.


Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty McCoy 2015 The Catholic University of America, Columbus School of Law

Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy

Catholic University Law Review

This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision ...


Employee Beware! Employment Agreements And What The Technology Related Employee Should Know And Understand Before Signing That Agreement: A Practical Guide, Louis J. Papa 2015 Touro College Jacob D. Fuchsberg Law Center

Employee Beware! Employment Agreements And What The Technology Related Employee Should Know And Understand Before Signing That Agreement: A Practical Guide, Louis J. Papa

Touro Law Review

No abstract provided.


Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown JD, Ellen Bruce JD 2015 University of Massachusetts Boston

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.


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