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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

Hofstra Labor & Employment Law Journal

Labor laws & legislation

Articles 1 - 20 of 20

Full-Text Articles in Law

The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna Jan 2012

The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.


The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver Jan 2010

The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver

Hofstra Labor & Employment Law Journal

When the NLRA was enacted in 1935, 13.2% of workers were union members. Industrial unions used the power provided in the NLRA to organize manufacturing workers and achieve a union membership of 35% by the mid-1950s. Although the NLRA was significantly amended in 1947 and 1959, it has not been meaningfully changed since then. As a result, a statute designed for mass production industries is no longer relevant to the service and white-collar positions occupied by most individuals today. The NLRA must be modified to include independent contractors who work like regular employees and perma-temps hired from employment agencies on …


On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner Jan 2009

On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner

Hofstra Labor & Employment Law Journal

Is the National Labor Relations Board statutorily empowered by and under Section 3(b) of the National Labor Relations Act to issue decisions and orders when the membership of this five-member agency falls to two active members? This important question, now before the United States Supreme Court, has been considered by several federal courts of appeals in recent rulings addressing challenges to the two-member Board’s adjudicatory power and decision making authority. This essay focuses on the interpretive theories adopted, methodologies employed, and adjudicative choices made by the courts of appeals grappling with the Section 3(b) quorum issue, and argues that the …


Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson Jan 2009

Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson

Hofstra Labor & Employment Law Journal

No abstract provided.


Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance Jan 2002

Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.


Revitalizing The Flsa, Scott D. Miller Jan 2001

Revitalizing The Flsa, Scott D. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.


Dorothy Day's Lessons For The Transformation Of Work, David L. Gregory Jan 1996

Dorothy Day's Lessons For The Transformation Of Work, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.


An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars Jan 1995

An Overview Of Title I Of The Americans With Disabilities Act And Its Impact Upon Federal Labor Law, Harvey S. Mars

Hofstra Labor & Employment Law Journal

No abstract provided.


Labor Force Recomposition And Industrial Restructuring In Electronics: Implications For Free Trade, M. Patricia Fernandez-Kelly Jan 1993

Labor Force Recomposition And Industrial Restructuring In Electronics: Implications For Free Trade, M. Patricia Fernandez-Kelly

Hofstra Labor & Employment Law Journal

No abstract provided.


The Cost Of Retaining Vs. The Cost Of Retraining: An Analysis Of The Family And Medical Leave Act, Elissa Hope Gainsburg Jan 1993

The Cost Of Retaining Vs. The Cost Of Retraining: An Analysis Of The Family And Medical Leave Act, Elissa Hope Gainsburg

Hofstra Labor & Employment Law Journal

No abstract provided.


Economists' Assessments Of The Likely Employment And Wage Effects Of The North American Free Trade Agreement, William E. Spriggs, James Stanford Jan 1993

Economists' Assessments Of The Likely Employment And Wage Effects Of The North American Free Trade Agreement, William E. Spriggs, James Stanford

Hofstra Labor & Employment Law Journal

No abstract provided.


The Right To Unionize In The United States, Canada, And Mexico: A Comparative Assessment, David L. Gregory Jan 1993

The Right To Unionize In The United States, Canada, And Mexico: A Comparative Assessment, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.


North American Free Trade And Labor Issues: Accomplishments And Challenges, Shellyn G. Mccaffrey Jan 1993

North American Free Trade And Labor Issues: Accomplishments And Challenges, Shellyn G. Mccaffrey

Hofstra Labor & Employment Law Journal

No abstract provided.


Shareholders' Liability And Workers' Rights: Piercing The Corporate Veil Under Federal Laborlaw, Wilson Mcleod Jan 1991

Shareholders' Liability And Workers' Rights: Piercing The Corporate Veil Under Federal Laborlaw, Wilson Mcleod

Hofstra Labor & Employment Law Journal

No abstract provided.


Crisis After Dole: The Plight Of Modern Homeworkers, Laura Helene Gonshorek Jan 1990

Crisis After Dole: The Plight Of Modern Homeworkers, Laura Helene Gonshorek

Hofstra Labor & Employment Law Journal

No abstract provided.


The Duty To Bargain Over Layoffs In Other Western Countries: A View From An American Perspective, Athanassios Papaioanno Jan 1989

The Duty To Bargain Over Layoffs In Other Western Countries: A View From An American Perspective, Athanassios Papaioanno

Hofstra Labor & Employment Law Journal

No abstract provided.


Reforming The National Labor Relations Act: A Cautionary Note, David Weinstein Jan 1989

Reforming The National Labor Relations Act: A Cautionary Note, David Weinstein

Hofstra Labor & Employment Law Journal

No abstract provided.


Deregulation And Labour Law In Britain And Western Europe, Professor Lord Wedderburn Fba Jan 1988

Deregulation And Labour Law In Britain And Western Europe, Professor Lord Wedderburn Fba

Hofstra Labor & Employment Law Journal

No abstract provided.


The Politicized Worker Under The National Labor Relations Act, Barry Sautman Jan 1987

The Politicized Worker Under The National Labor Relations Act, Barry Sautman

Hofstra Labor & Employment Law Journal

No abstract provided.


City Disposal Systems And The Interboro Doctrine: The Evolution Of The Requirement Of "Concerted Activity" Under The National Labor Relations Act, Raymond T. Mak Jan 1985

City Disposal Systems And The Interboro Doctrine: The Evolution Of The Requirement Of "Concerted Activity" Under The National Labor Relations Act, Raymond T. Mak

Hofstra Labor & Employment Law Journal

No abstract provided.