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Articles 1 - 19 of 19
Full-Text Articles in Law
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Hofstra Labor & Employment Law Journal
Because of an annual tax subsidy that well exceeds $100 billion, most private healthcare expenses in the United States today are covered by employer-sponsored insurance. Like other important employee-welfare benefits, employer-sponsored health insurance is regulated by the Employee Retirement Income Security Act of 1974 (ERISA) - a landmark federal statute whose primary objective was the protection of private-sector retirement savings. A rich scholarly literature has developed which addresses the effects of federal tax and regulatory policy on the structure and performance of our healthcare industry. Within legal academia, however, one issue in particular has engendered much debate: to what extent …
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Hofstra Labor & Employment Law Journal
No abstract provided.
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Employer Reputation At Work, Samuel Estreicher
Employer Reputation At Work, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its promises to workers, both express and implied, - has played an important role in the economic literature of employment contracts, but this factor has itself generated little sustained analysis. Reputation is often offered as a late-appearing deus ex machina explaining why opportunistic behavior by employers even in internal labor markets is likely to be relatively unimportant. This standard explanation for the enforceability of implicit labor contracts in internal labor markets is problematic for at least three reasons. It assumes …
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Hofstra Labor & Employment Law Journal
No abstract provided.
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
Hofstra Labor & Employment Law Journal
It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …
The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
Hofstra Labor & Employment Law Journal
The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Hofstra Labor & Employment Law Journal
No abstract provided.
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Hofstra Labor & Employment Law Journal
No abstract provided.
On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner
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 …
Who's Your Daddy? A Proposal For Paid Family Leave To Promote The Growth Of Families, Ashleigh Garvey, Claire Mitchell
Who's Your Daddy? A Proposal For Paid Family Leave To Promote The Growth Of Families, Ashleigh Garvey, Claire Mitchell
Hofstra Labor & Employment Law Journal
No abstract provided.
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Hofstra Labor & Employment Law Journal
No abstract provided.
Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson
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.
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Hofstra Labor & Employment Law Journal
No abstract provided.
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
Hofstra Labor & Employment Law Journal
No abstract provided.