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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 ...


Wage Gender Disparities: Challenging Prevailing Assumptions, Theoretical Approache, Shlomit Yanisky-Ravid Professor of Law 2015 Yale Law School

Wage Gender Disparities: Challenging Prevailing Assumptions, Theoretical Approache, Shlomit Yanisky-Ravid Professor Of Law

Shlomit Yanisky-Ravid Professor of Law

Women in the United States are, on average and consistently, earning less than their male peers. Sometimes, they are even paid less than the men they supervise. A common response concerns about the 23 cent gender wage gap for full-time year-round workers across occupations, is that it is simply a byproduct of the choices women make: choices to prefer family life and needs, work fewer hours, take on lower-paying jobs, or opt out of the workforce for longer periods of time than men. Under this view, the gender pay gap is not a result of sex discrimination but of women ...


Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William R. Corbett 2015 Louisiana State University Law Center

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William R. Corbett

Washington University Law Review Commentaries

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer’s failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with “indirect evidence ...


The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer 2015 Pepperdine University

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at ...


Ada Open Issues - Transfers To Vacant Positions, Leaves Of Absences, Telecommuting And Other Accommodation Issues, Lawrence P. Postol 2015 Seyfarth Shaw LLP

Ada Open Issues - Transfers To Vacant Positions, Leaves Of Absences, Telecommuting And Other Accommodation Issues, Lawrence P. Postol

Lawrence P. Postol

No abstract provided.


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes over four hundred cases, since they were all mediated by a single mediator, this article can be viewed as a case study. Among the most interesting facts uncovered by this analysis are the following. Mediation ...


Summary Of D&D Tire, Inc., V. Ouellette, 131 Nev. Adv. Op. 47 (Jul. 02, 2015), Jaymes Orr 2015 Nevada Law Journal

Summary Of D&D Tire, Inc., V. Ouellette, 131 Nev. Adv. Op. 47 (Jul. 02, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that a subcontractor or independent contractor is not immune to liability for workplace injuries if the work being performed is a specialized repair. Ouellette was injured by an employee of Purcell while performing a task that would not be considered a specialized repair. The employee, however, was only present on the job site because of a specialized repair. The Court, however, held that the activity leading to the injury must be considered in context and the employee would not have been present but for the repair.


The Investigation Procedures Of The United Nations Office Of Internal Oversight Services And The Rights Of The United Nations Staff Member: An Analysis Of The United Nations Judicial Tribunals’ Judgments On Disciplinary Cases In The United Nations, Tamara A. Shockley 2015 United Nations

The Investigation Procedures Of The United Nations Office Of Internal Oversight Services And The Rights Of The United Nations Staff Member: An Analysis Of The United Nations Judicial Tribunals’ Judgments On Disciplinary Cases In The United Nations, Tamara A. Shockley

Tamara A. Shockley

Abstract

The Investigation Procedures of the United Nations Office of Internal Oversight Services and the Rights of the United Nations Staff Member: An Analysis of the United Nations Judicial Tribunals’ Judgments on Disciplinary Cases in the United Nations

An employee of an international organization misappropriates over one million dollars from a United Nations Peace-Keeping Mission’s designated for procurement of supplies. As a staff member of an international organization, he or she has functional immunity and cannot be investigated by the local jurisdiction or by authorities in his home country. Is this the “perfect crime”? Taking into consideration that these ...


A Comparative Analysis Of The Protections Of Workers' Demands In The People's Republic Of China And The United States In The Global Economy -- The Costs And Benefits Of Collective Bargaining, Xiaohan Sun 2015 Indiana University Maurer School of Law

A Comparative Analysis Of The Protections Of Workers' Demands In The People's Republic Of China And The United States In The Global Economy -- The Costs And Benefits Of Collective Bargaining, Xiaohan Sun

Theses and Dissertations

No abstract provided.


Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. McFarlin, Joshua S.E. Lee 2015 Harvard University

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. Mcfarlin, Joshua S.E. Lee

Jaimie K. McFarlin

This article serves to discuss the current landscape of professional sports discipline and commissioner power in the NFL & NBA, specifically understanding the discipline of management and ownership in the major leagues as compared to player discipline when franchise ownership interests and commissioner power conflict. Furthermore, these particular events illuminate the differences between discipline in professional sports and non-sports contexts.


Collective Bargaining Developments In Time Of Crisis, michele faioli 2015 Tor Vergata University

Collective Bargaining Developments In Time Of Crisis, Michele Faioli

Michele Faioli

No abstract provided.


401(K) Plan Expenses, Anne Becker, Jeffrey Arnold 2015 McDermott, Will & Emery

401(K) Plan Expenses, Anne Becker, Jeffrey Arnold

Pension Action Center Publications

Under a 401(k) plan, your benefit is your vested account balance. This account balance reflects the contributions you make to the plan, the contributions your employer makes to the plan on your behalf (if any), and investment gains and losses.

Many 401(k) plan participants are responsible for choosing how to invest their account balances. If you direct the investment of your 401(k) plan account balance, it is important to understand that fees and expenses may substantially reduce the growth of your 401(k) plan account balance over the course of your working life. The Department of Labor ...


Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny 2015 Dublin Institute of Technology

Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny

Articles

This article presents findings from a survey of professional workers in the institutes of technology sector in Ireland regarding work-related stress. The research instrument was based on a work-related stress questionnaire developed by the UK Health and Safety Executive, augmented with a specific subset of questions relevant to the Irish higher education sector. The questionnaire format was modified to enable online delivery. It was distributed to a sample population in 2014 with a response rate over 30% (n=1,131). The research provides baseline data on work-related stress levels experienced by workers in this sector. The results associate increased levels ...


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...


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