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Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. No. 76 (May 31, 2018), Jeff Chronister

Nevada Supreme Court Summaries

Health benefits," as considered by the Minimum Wage Act of the Nevada Constitution, must mean the equivalent of one extra dollar per hour in wages to the employee, but offered in the form of health insurance as opposed to dollar wages.


Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz 2018 The Catholic University of America, Columbus School of Law

Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz

Catholic University Law Review

The phrase “cat’s paw” comes from an Aesop’s fable and has been used to define a person used by another as a tool or a scapegoat. The phrase was coined and injected into employment discrimination law by Judge Richard Posner in Shager v. Upjohn Co. and later adopted by the U.S. Supreme Court in Staub v. Proctor Hospital. In Staub, the Supreme Court held that an employer could be liable for an adverse employment decision that was based on the recommendation of a supervisor who possessed a discriminatory or retaliatory bias against the adversely affected employee. However ...


A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks 2018 Northwestern Pritzker School of Law

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.


Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim, Joseph W. McHugh 2018 Cleveland-Marshall College of Law

Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim, Joseph W. Mchugh

Cleveland State Law Review

In the highly competitive gig-economy, companies are constantly trying to leverage whatever they can to gain a competitive advantage over competitors. One method of doing so is saving on employment costs by classifying workers as independent contractors. There are two ways to accomplish this: (1) structure the business as an internet-based marketplace or platform; or (2) structure the relationship between the business and the worker in a way that ensures the worker remains classified as an independent contractor under either the common law control test or the economic realities test. Both Uber and Lyft have faced accusations of intentionally misclassifying ...


You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith 2018 Cleveland-Marshall College of Law

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to ...


The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino 2018 Nova Southeastern University

The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino

Pace Law Review

While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will ...


All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah 2018 Golden Gate University School of Law

All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah

Publications

What is the proper legal standard in determining whether a worker is an employee or an independent contractor under California’s wage and hour laws?


Whistling In The Wind: Why Federal Whistleblower Protections Fall Short Of Their Corporate Governance Goals, Meera Khan 2018 University of Miami Law School

Whistling In The Wind: Why Federal Whistleblower Protections Fall Short Of Their Corporate Governance Goals, Meera Khan

University of Miami Business Law Review

Teetering on the line between hero and villain, whistleblowers have a remarkably unusual role in contemporary American society. Those who blow the whistle on public sector activities, like Edward Snowden and the Watergate Scandal’s “Deep Throat”, are often vilified in history as treasonous and unprincipled rogues. In the private sector, however, whistleblowers are seen as moral compasses for corporate behavior, and are even afforded federal protections for speaking out against internal malfeasance. The piecemeal evolution of whistleblower legislation including the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 created ...


The Final Rule: A Call For Congressional Action To Return The Flsa And The Middle Class To Its Former Glory, Ashley Singrossi 2018 University of Miami Law School

The Final Rule: A Call For Congressional Action To Return The Flsa And The Middle Class To Its Former Glory, Ashley Singrossi

University of Miami Business Law Review

2017 was full of change in America. But not for the middle class. The middle class remained stagnant, if not shrinking—as it has been for decades. Many scholars and economists theorize why the class that is the backbone of America—that once flourished as the beacon of hope for hard–working people around the world—has steadily declined over the past few decades. The answer lies in labor regulation. Federal labor regulations helped build America’s robust middle class. But those regulations are outdated and ineffective. If we want to see the middle class restored to its prosperity, and ...


Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan 2018 University of Maine School of Law

Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan

Maine Law Review

Workers' compensation became front page news during the summer of 1991, when Maine's governor refused to sign the state's budget unless the Legislature reformed the system. Although the vehemence of the governor's demands stunned both the public and the Legislature, the dire state of workers' compensation was well known to those involved. In fact, the Legislature has debated reforming the system nearly every year, and sixteen significant changes have been made since the program's inception in 1915. In 1991, the Legislature focused on cutting costs. The system requires two types of highly paid professionals—doctors and ...


Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.


Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted 2018 University of Oklahoma College of Law

Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted

Michigan Journal of Gender and Law

The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner 2018 University of Arkansas at Little Rock William H. Bowen School of Law

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, Elizabeth A. Clark 2018 J. Reuben Clark Law School, Brigham Young University

Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, Elizabeth A. Clark

Notre Dame Law Review Online

Andrea Pin’s Essay on the Achbita and Bougnaoui cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies. The European Court of Justice’s (ECJ) rulings in these cases are also in tension with the court’s own discrimination law and exacerbate the pressing European question, particularly significant in light of the recent migration crisis, of how best to incorporate ethnic and religious minorities into a society.


Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions, Andrew C. Mackenzie 2018 University of Maine School of Law

Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions, Andrew C. Mackenzie

Maine Law Review

In Spiller v. State, a divided Maine Supreme Judicial Court, sitting as the Law Court, held that certain legislative changes to public employee pension benefits did not impair the employees' constitutional rights because there was no clear indication that the employees had a contractual right to their pensions. These changes were enacted as a reduction of state expenditures in reaction to Maine's fiscal deficit. The majority found that the changes were not unconstitutional and thus were permissible. The dissenting opinion, however, found that a contract existed between the State and the employees and that it had been breached. Although ...


Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir 2018 University of Maine School of Law

Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir

Maine Law Review

The Maine Employment Security Law governs whether one person performing services for another is an independent contractor or an employee for unemployment tax purposes. It requires many employers to pay unemployment taxes on individuals who, under the usual common law rules governing the employer-employee relationship, are independent contractors. This result, caused partly by the structure of the statute and partly by judicial interpretation, has the effect of discouraging business expansion, limiting entrepreneurial opportunities, and ultimately, hampering statewide economic development. This Comment first provides the historical background of unemployment compensation legislation at the federal and state levels. Employer liability and employee ...


Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School of Law 2018 Golden Gate University School of Law

Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law

Press Releases

The Women’s Employment Rights Clinic at Golden Gate University School of Law filed an amicus brief on behalf of low-wage worker advocates, urging the Court to follow its own precedent and the clear statutory requirements in California that workers must be paid for all hours worked.


Vindicating Statutory Employment Rights In The Age Of Mandatory Arbitration: State Attorney General Parens Patriae Litigation As An Alternative To Class Actions, Aaron Bibb 2018 Chicago-Kent College of Law

Vindicating Statutory Employment Rights In The Age Of Mandatory Arbitration: State Attorney General Parens Patriae Litigation As An Alternative To Class Actions, Aaron Bibb

Louis Jackson National Student Writing Competition

No abstract provided.


The Impact Of Rfra On Employment Discrimination: Will The Hobby Lobby Decision Erode The Purpose Of Title Vii?, Naomi Bensdorf Frisch 2018 Chicago-Kent College of Law

The Impact Of Rfra On Employment Discrimination: Will The Hobby Lobby Decision Erode The Purpose Of Title Vii?, Naomi Bensdorf Frisch

Louis Jackson National Student Writing Competition

No abstract provided.


Treating Employees Like Widgets: The Legal Impact Of Workforce Management Systems On Contingent Workers, Stefanie Brody 2018 Saint Louis University School of Law

Treating Employees Like Widgets: The Legal Impact Of Workforce Management Systems On Contingent Workers, Stefanie Brody

Louis Jackson National Student Writing Competition

No abstract provided.


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