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Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black 2017 University of Maine School of Law

Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black

Maine Law Review

Joseph Roy was an employee of Bath Iron Works (BIW) who suffered work-related injuries to his lower back in 1987 and to his neck in 1994 In 2005, Roy filed a petition for review of his workers' compensation benefits and sought, among other benefits, total incapacity benefits because his neck injury had worsened. A hearing officer from the Workers' Compensation Board found that Roy's work-related injuries had totally incapacitated him, but denied Roy total incapacity benefits after March 6, 2006, because a non-work-related liver condition had also caused him to become totally incapacitated. Roy appealed the decision to the ...


Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang 2017 Nevada Law Journal

Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang

Nevada Supreme Court Summaries

The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.


Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera FILLINGER, Nicholas HARRIGAN, Stephanie CHOK, Amirah AMIRRUDIN, Patricia MEYER, Meera RAJAH, Debbie FORDYCE 2017 Singapore Management University

Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera Fillinger, Nicholas Harrigan, Stephanie Chok, Amirah Amirrudin, Patricia Meyer, Meera Rajah, Debbie Fordyce

Research Collection School of Social Sciences

This research seeks to review and analyze the protections afforded to migrant workers in Singapore who bring salary and injury claims to the Ministry of Manpower for resolution. Our focus is male Work Permit holders from Bangladesh, China, and India who make up the majority of the workforce in Singapore’s construction and marine sectors. Work Permit holders are the lowest wage category of foreign workers and comprise nearly a third of the overall workforce. While these workers play an important role in building the nation, they face workplace issues that many would not associate with a modern economy.


Occupational Injuries Scheme Not Inconsistent With European Convention On Human Rights - Saumier V France, Mel Cousins 2016 Trinity College Dublin

Occupational Injuries Scheme Not Inconsistent With European Convention On Human Rights - Saumier V France, Mel Cousins

Mel Cousins

In a recent ruling, the European Court of Human Rights rejected a challenge to the French scheme of benefits for accidents at work and occupational illness (which forms part of the code de la sécurité sociale) and held that the provisions of the law were not inconsistent with Article 14 of the ECHR. The Court was, it is argued, clearly correct as to the outcome and, as is not unusual, clearly wrong as to its approach to the analysis of the legal position.


Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino 2016 Fordham University School of Law

Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino

Fordham Law Review

This Note discusses past attempts to combat growing levels of executive compensation, analyzes the role of both shareholders and directors in the compensation-setting process, and discusses conflicting views concerning shareholder-director power, the disclosure mechanism, and the pay-ratio metric. Finally, this Note balances these views by proposing alterations to the CEO Pay Ratio Disclosure Rule that preserve the long-standing corporate structure, while also offering shareholders an accountability mechanism to enhance the Rule’s intended results.


Out Of Service: Does Service Time Manipulation Violate Major League Baseball’S Collective Bargaining Agreement?, Patrick Kessock 2016 Boston College Law School

Out Of Service: Does Service Time Manipulation Violate Major League Baseball’S Collective Bargaining Agreement?, Patrick Kessock

Boston College Law Review

Under the current Major League Baseball Collective Bargaining Agreement (“CBA”), professional players are eligible to file for salary arbitration or free agency once they reach certain thresholds of service time in the league. In recent years, however, Major League Baseball teams have taken advantage of the construction of service time rules in order to artificially keep players under their control at lower salaries for one year longer than the rules appear to contemplate. The controversy surrounding service time manipulation hit its apex in 2015, when Chicago Cubs prospect Kris Bryant was kept in the minor league system just long enough ...


Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu 2016 Boston College Law School

Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu

Boston College International and Comparative Law Review

China’s fairly recent implementation of a social security insurance scheme that includes foreign workers has generated unintended uncertainties and inconsistencies both for foreign companies in China and for Chinese companies working outside China, without generating clear benefits for foreign workers. This Note provides an overview of the new scheme, which requires, for the first time, all foreign workers and their employers to pay into the social security insurance system. Weaknesses in this new scheme include inconsistent implementation, scattered timelines, and incomplete information on coverage. In the face of these and other shortcomings, China should focus on the benefits of ...


Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman 2016 University of Southern California

Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

It is now widely asserted that legal regimes that enforce contractual and other limitations on labor mobility deter technological innovation. First, recent empirical studies purport to show relationships between bans on enforcing noncompete agreements, increased employee movement, and increased innovation. We find that these studies misconstrue legal differences across states and otherwise are flawed, incomplete, or limited in applicability. Second, scholars have largely adopted the view that California’s policy against noncompetes promoted Silicon Valley as the world’s leading technology center. By contrast, Massachusetts’ enforcement of noncompetes purportedly stunted innovation in the Route 128 region near Boston. We show ...


Recent Developments In Workers' Compensation, Ruth C. Vance 2016 Valparaiso University

Recent Developments In Workers' Compensation, Ruth C. Vance

Ruth C. Vance

No abstract provided.


Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman 2016 Nevada Law Journal

Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.


Just Jobs, Anita Bernstein 2016 Brooklyn Law School

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer 2016 Touro Law School

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann 2016 Seattle University School of Law

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed ...


Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt 2016 Nevada Law Journal

Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt

Nevada Supreme Court Summaries

The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.


Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger 2016 Brooklyn Law School

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern ...


Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney 2016 Brooklyn Law School

Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney

Journal of Law and Policy

Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor ...


Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery 2016 Brooklyn Law School

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming ...


Legislative Intention, Equal Protection, And Offset Of Workers Compensation Benefits In Kansas: Hoesli V Triplett, Mel Cousins 2015 Trinity College Dublin

Legislative Intention, Equal Protection, And Offset Of Workers Compensation Benefits In Kansas: Hoesli V Triplett, Mel Cousins

Mel Cousins

One issue which has received considerable attention in terms of equal protection challenges in US courts is that concerning the offset of social security retirement benefits with worker’s compensation payments. This note discusses a recent decision of the Kansas Supreme Court which overrules an earlier decision of that court and clarifies the current state of the law in that State. While the Kansas courts had upheld offsets as constitutional, the Supreme Court in Dickens had interpreted the offset as not applying to persons who had retired before being injured in employment. In Hoesli the Court overruled Dickens, applied the ...


Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins 2015 Trinity College Dublin

Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins

Mel Cousins

In this interesting ruling, the Court of Appeals of New Mexico has held that the exclusion of farm and ranch laborers from workers’ compensation cover is in breach of the equal protection guarantee set out in the New Mexico Constitution. The case is currently under appeal to the New Mexico Supreme Court.


State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall 2015 Nevada Law Journal

State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.


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