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Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 The University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Litigating For The Future Of Public Pensions, Paul M. Secunda 2014 SelectedWorks

Litigating For The Future Of Public Pensions, Paul M. Secunda

Paul M. Secunda

Public pensions are horribly unfunded, millions of public employees are being forced to make greater contributions to their pensions, retirees are being forced to take benefit cuts, retirement ages and service requirements are being increased, and the list goes on and on. These alarming developments involve all level of American government, from the recent move to require new federal employees to contribute more to their pensions, to the significant underfunding of state and local public pension funds across the country, to the sad spectacle of the Detroit municipal bankruptcy where the plight of public pensions plays a leading role in ...


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. McFarlin, Joshua Lee 2014 SelectedWorks

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics ...


The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze 2014 SelectedWorks

The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze

Adam Epstein

The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause ...


Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin 2014 SelectedWorks

Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin

James N Bolotin

This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.

Part I considers the history of Title VII’s “because of sex” protection. This includes a short ...


But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler 2014 SelectedWorks

But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler

David D. Butler

Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.


"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh 2014 SelectedWorks

"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh

Justin A. Behravesh

This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."


A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth 2014 Pace University

A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth

Pace Law Review

This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories—from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights—the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this Article discusses ...


Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff 2014 SelectedWorks

Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff

Michael C Duff

Recently, workers led by non-union labor advocacy groups, popularly labelled “ALT-Labor,” have been staging strikes and other job actions across the low wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or, more generally, as audacious dissent by low wage workers with nothing to lose. Others view the activity cynically as an exercise in futility, a struggle against inexorable market forces that refuse to pay $15 per hour to a fast food or big box retail worker. This article takes a different tack, presuming (implicitly using history as its guide) that employers will respond ...


Bottom-Up Workplace Law Enforcement, Charlotte S. Alexander, Arthi Prasad 2014 Maurer School of Law: Indiana University

Bottom-Up Workplace Law Enforcement, Charlotte S. Alexander, Arthi Prasad

Indiana Law Journal

This Article presents an original analysis of newly available data from a landmark survey of 4387 low-wage, front-line workers in the three largest U.S. cities. We analyze data on worker claims, retaliation, and legal knowledge to investigate what we call “bottom-up” workplace law enforcement, or the reliance of many labor and employment statutes on workers themselves to enforce their rights. We conclude that bottom-up workplace law enforcement may fail to protect the workers who are most vulnerable to workplace rights violations, as they often lack the legal knowledge and incentives to complain that are prerequisites for enforcement activity.


'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher 2014 NELLCO

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Law and Economics Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...


Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas 2014 Salve Regina University

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...


'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher 2014 NELLCO

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...


Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge 2014 The Catholic University of America, Columbus School of Law

Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge

Catholic University Law Review

No abstract provided.


Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart 2014 The Catholic University of America, Columbus School of Law

Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart

Catholic University Law Review

No abstract provided.


Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School of Law 2014 Golden Gate University School of Law

Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law

Press Releases

Today, the Legal Aid Society-Employment Law Center (LAS-ELC) and the Women’s Employment Rights Clinic of Golden Gate University School of Law along with the law firm of Lewis, Feinberg, Lee, Renaker & Jackson, P.C., filed a class action lawsuit on behalf of in-home and facility caregivers in the California Superior Court, Alameda County against Kindred Healthcare, Inc. and affiliated companies Professional Healthcare at Home, LLC and NP Plus, LLC, alleging failure to pay minimum wage and overtime and various meal and rest period violations, among other claims.


Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki 2014 SelectedWorks

Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki

Olli Virmajoki

Polytechnics have been under a demand of the structural changes in Finland during the whole 2000 decade. They were expected to make big saving in their finances in 2012 and also the intakes in polytechnics were reduced by 2200 new entrants. The research problem of this study is how is a legal protection of a teacher with an employment relation with a holder of a public-service post in polytechnics operated by local authorities during 2012–2013 when the cutback was going on. This study finds out the main issues in the administrative procedures and using powers. The category of this ...


Nlrb And Social Media, Robert Sprague 2014 University of Wyoming

Nlrb And Social Media, Robert Sprague

Robert Sprague

Focus: (1) when do employee social media posts constitute concerted activities protected under Section 7 of the National Labor Relations Act?; and (2) when do employers' social media policies restrict protected concerted activities?


Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips 2014 Touro College Jacob D. Fuchsberg Law Center

Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips

Touro Law Review

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman 2014 Touro College Jacob D. Fuchsberg Law Center

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.


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