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Articles 1 - 17 of 17
Full-Text Articles in Law
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Hofstra Labor & Employment Law Journal
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
Hofstra Labor & Employment Law Journal
American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Hofstra Labor & Employment Law Journal
This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Hofstra Labor & Employment Law Journal
The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.
With recognition that LGBT employment discrimination laws are novel …
Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux
Hofstra Labor & Employment Law Journal
No abstract provided.
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
Hofstra Labor & Employment Law Journal
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Hofstra Labor & Employment Law Journal
No abstract provided.
Gender, Family, And Work, Marcia L. Mccormick
Gender, Family, And Work, Marcia L. Mccormick
Hofstra Labor & Employment Law Journal
No abstract provided.
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox
Hofstra Labor & Employment Law Journal
No abstract provided.
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield
Hofstra Labor & Employment Law Journal
No abstract provided.
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Hofstra Labor & Employment Law Journal
No abstract provided.
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna
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.
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel
Hofstra Labor & Employment Law Journal
No abstract provided.
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet
Hofstra Labor & Employment Law Journal
No abstract provided.
Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher
Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher
Hofstra Labor & Employment Law Journal
No abstract provided.