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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

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Articles 1 - 30 of 647

Full-Text Articles in Law

The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers Mar 2023

The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers

Hofstra Labor & Employment Law Journal

No abstract provided.


Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon Mar 2023

Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon

Hofstra Labor & Employment Law Journal

No abstract provided.


Work Accidents: A Drama In Three Acts, Lawrence M. Friedman Mar 2023

Work Accidents: A Drama In Three Acts, Lawrence M. Friedman

Hofstra Labor & Employment Law Journal

No abstract provided.


Let Them Play: The Case For Allowing Minors To Play Professional Sports, Zachary Bawduniak Mar 2023

Let Them Play: The Case For Allowing Minors To Play Professional Sports, Zachary Bawduniak

Hofstra Labor & Employment Law Journal

No abstract provided.


In A Galaxy … Not So Far Away: The Privatization Of Space Flight And The Need For Labor Laws In Outer Space, Taylor Brodsky Mar 2023

In A Galaxy … Not So Far Away: The Privatization Of Space Flight And The Need For Labor Laws In Outer Space, Taylor Brodsky

Hofstra Labor & Employment Law Journal

No abstract provided.


The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky Mar 2023

The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2023

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K. Mar 2023

In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K.

Hofstra Labor & Employment Law Journal

The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in Wm Morrison Supermarkets v Various Claimants (2020) and Various Claimants v Barclays Bank (2020) by the Supreme Court of UK restricting the scope of vicarious liability through its interpretation of the akin to employment test as well as the close connection test deserves scrutiny. The Supreme Court apart from reaffirming the traditional distinction between independent contractors and employees also has limited the circumstances in which claims of vicarious liability can be …


No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo Sep 2022

No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo

Hofstra Labor & Employment Law Journal

No abstract provided.


How Low Can They Go? The Need For A Federal Minimum Whistleblower Protection, Conner J. Quinn Sep 2022

How Low Can They Go? The Need For A Federal Minimum Whistleblower Protection, Conner J. Quinn

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2022

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Secondary Picketing, Trade Restraints, And The First Amendment: A Historical And Practical Case For Legal Stability Sep 2022

Secondary Picketing, Trade Restraints, And The First Amendment: A Historical And Practical Case For Legal Stability

Hofstra Labor & Employment Law Journal

Secondary picketing is picketing by a union aimed at someone other than the employer. It aims to coerce the other person to cut ties with the employer to gain leverage in a labor dispute. Today, secondary picketing is usually illegal; it is an unfair labor practice under section 8(b)(4)(ii)(B) of the National Labor Relations Act. If a union pickets a neutral third party, it can be subject to unfair-labor-practice charges, or even an injunction. This article explores why the Court continues to draw that distinction. It surveys the arguments for liberalizing picketing rules, and it places them in historical context. …


The Crossroad Between Employees And Contractors Sep 2022

The Crossroad Between Employees And Contractors

Hofstra Labor & Employment Law Journal

No abstract provided.


Strange Bedfellows: The Pervasive Influence Of Constitutional Law On Labor Arbitration, David V. Johns Sep 2022

Strange Bedfellows: The Pervasive Influence Of Constitutional Law On Labor Arbitration, David V. Johns

Hofstra Labor & Employment Law Journal

No abstract provided.


Need Not Hire Here: Where Colorado's "Equal Pay For Equal Work" Act Could Better Serve Its Residents Sep 2022

Need Not Hire Here: Where Colorado's "Equal Pay For Equal Work" Act Could Better Serve Its Residents

Hofstra Labor & Employment Law Journal

No abstract provided.


Title Vii Trials - And Tribulations: Examining The Divergent Roles Of Judge And Jury Under The Act's Enhanced Remedial Scheme, Michael D. Moberly Mar 2022

Title Vii Trials - And Tribulations: Examining The Divergent Roles Of Judge And Jury Under The Act's Enhanced Remedial Scheme, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark L. Adams Mar 2022

Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark L. Adams

Hofstra Labor & Employment Law Journal

No abstract provided.


On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta Mar 2022

On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2022

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Fcra-Divergent Employment Laws, Public Policy, And The Doctrine Of Preemption, Lawrence D. Bernfeld Mar 2022

Fcra-Divergent Employment Laws, Public Policy, And The Doctrine Of Preemption, Lawrence D. Bernfeld

Hofstra Labor & Employment Law Journal

No abstract provided.


Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald Mar 2022

Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald

Hofstra Labor & Employment Law Journal

No abstract provided.


Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes Sep 2021

Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.


Nlrb Jurisdiction Over Charter Schools, David B. Schwartz Sep 2021

Nlrb Jurisdiction Over Charter Schools, David B. Schwartz

Hofstra Labor & Employment Law Journal

No abstract provided.


Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis Sep 2021

Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman Sep 2021

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.


Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck Sep 2021

Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck

Hofstra Labor & Employment Law Journal

Employees with disabilities face stigma and stereotypes associated with their impairment. Revelation of a disability to obtain an accommodation can lead to negative consequences including harassment, retaliation, or even discharge, as documented by a survey of employees who requested accommodations at a university. This paper explores how difficult it is for employees facing such negative consequences to prove discriminatory intent under the Americans with Disabilities Act (hereinafter "ADA"). An extensive review of court decisions reveals that the ADA's protection against discrimination rarely provides relief to employees who suffer those negative consequences because the courts defer to employers' reasons for adverse …


Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer Mar 2021

Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer

Hofstra Labor & Employment Law Journal

No abstract provided.


The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani Mar 2021

The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.