Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, 2024 University of South Dakota
Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak
Honors Thesis
In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, 2024 National Labor Relations Board
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Reforming The Ministerial Exception, 2024 Villanova University Charles Widger School of Law
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review
No abstract provided.
Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), 2024 William & Mary Law School
Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese
Faculty Publications
The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …
Vol. 40, 2024 Franczek
Vol. 40, Jenny Lee
The Illinois Public Employee Relations Report
Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action
By Jenny Lee
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, 2024 Mercer University School of Law
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer
Mercer Law Review
This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, 2024 Mercer University School of Law
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks
Mercer Law Review
Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.
The Case For Waivable Employee Rights: A Contrarian View, 2024 Paul M. Hebert Law Center of Louisiana State University
The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett
Buffalo Law Review
No abstract provided.
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, 2024 Opus College of Business, University of St. Thomas
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Michael J. Garrison, Dawn R. Swink, John T. Wendt
Buffalo Law Review
No abstract provided.
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, 2024 Sandra Day O'Connor College of Law, Arizona State University
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Washington Journal of Social & Environmental Justice
No abstract provided.
Importance Of Mediation In The Workplace, 2024 Yeshiva University, Cardozo School of Law
Importance Of Mediation In The Workplace, Cardozo Labor And Employment Law Society
Flyers 2023-2024
No abstract provided.
Kidfluencers: New Child Stars In Need Of Protection, 2024 University of Arkansas, Fayetteville
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
Fireside Chat: Challenging The Status Quo As Minorities In The Tech Space, 2024 Yeshiva University, Cardozo School of Law
Fireside Chat: Challenging The Status Quo As Minorities In The Tech Space, Cardozo Women In Tech Law, Cardozo Asian Pacific American Law Students Association, Cardozo Black Law Students Association, Cardozo Disable Law Student Association, Cardozo Minority Law Student Alliance, Cardozo Latin American Law Student Association (Lalsa), Cardozo Outlaw, Cardozo Labor And Employment Law Society
Flyers 2023-2024
No abstract provided.
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, 2024 University of Cincinnati College of Law
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie
University of Cincinnati Law Review
No abstract provided.
Obedience Restrictions On Public Employee, 2024 وزارة التربية والتعليم
Obedience Restrictions On Public Employee, فيصل الحوامدة
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
This research deals with the subject of obedience restrictions that can be applied on public employee and shows the concept of public employee, obedience and its verdict and importance. The concept of restrictions which control the employee's compliance for his employers in public administration is considered to be a legal responsibility within certain limits shown in this research in details:
In public jobs, employees have to comply their employers' orders in which employees should implement these orders without raising opposition. This research shows that compliance has certain limits in which employees should work within them .Compliance won't be obligatory if …
Exploring Plaintiffs’ Law Careers Beyond Big Law, 2024 Yeshiva University, Cardozo School of Law
Exploring Plaintiffs’ Law Careers Beyond Big Law, Cardozo Latin American Law Student Association (Lalsa), Cardozo Labor And Employment Law Society
Flyers 2023-2024
No abstract provided.
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, 2024 Brooklyn Law School
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, 2024 West Virginia University College of Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, 2024 William & Mary Law School
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, Keith Cunningham-Parmeter
William & Mary Law Review
Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as “independent contractors.” But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as “contractors” rather than as “employees.” Aware of this age-old tactic to avoid liability, courts historically built …
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, 2024 An-Najah National University, Nablus, Palestine
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr
UAEU Law Journal
remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …