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Full-Text Articles in Law
Oddball Arbitration, Richard A. Bales, Mark B. Gerano
Oddball Arbitration, Richard A. Bales, Mark B. Gerano
Hofstra Labor & Employment Law Journal
Congress passed the FAA in 1925 to resolve commercial disputes involving merchants. Since then, the Supreme Court has dramatically expanded the scope of the FAA and applied it in the employee and consumer settings. More recently the Supreme Court has chosen for its arbitration docket a set of cases with wholly atypical fact patterns in what appears to be a deliberate effort – successful so far – to advance its pro-arbitration policy agenda without provoking a political backlash. This article describes three oddball arbitration cases and argues that their atypical facts have permitted the Court to create legal rules that, …
Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal
Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal
Hofstra Labor & Employment Law Journal
No abstract provided.
Below The Minimum: A Critical Review Of The 14(C) Wage Program For Employees With Disabilities, Matthew Crawford, Joshua Goodman
Below The Minimum: A Critical Review Of The 14(C) Wage Program For Employees With Disabilities, Matthew Crawford, Joshua Goodman
Hofstra Labor & Employment Law Journal
No abstract provided.
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz
Hofstra Labor & Employment Law Journal
No abstract provided.
Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp
Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp
Hofstra Labor & Employment Law Journal
This contribution to the 30th anniversary symposium of the Hofstra Labor and Employment Law Journal identifies four signal legal changes in the law governing whistleblowers between 1983 and 2013. Three of these are well known and easily identified -- the amendments to the federal False Claims Act enacted in 1986, the Sarbanes-Oxley whistleblower protection scheme enacted in 2002, and the Dodd-Frank securities fraud whistleblower bounty program enacted in 2010. Equally important may prove the Deficit Reduction Act of 2005 (actually enacted in 2006), which created an unusual carrot for state law whistleblower reward and protection reform. After discussing the impact …
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman
Hofstra Labor & Employment Law Journal
No abstract provided.
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
Hofstra Labor & Employment Law Journal
The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States is not, however, the only nation in which employers play an important role in the financing of health care. The employer plays an important role in financing health care in a number of other countries, including France.
This article explores the role of the employer in the health care system in France and compares it to the role of the employer in the U.S. health care system. It begins by providing an overview of the the French health care system. It …
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson
Hofstra Labor & Employment Law Journal
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Hofstra Labor & Employment Law Journal
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin
Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin
Hofstra Labor & Employment Law Journal
Five years ago, Congress passed the ADA Amendments Act, and amended the definition of disability to reinstate the ADA’s broad scope of coverage, which had been unduly narrowed by the Supreme Court and lower courts for nearly twenty years. Three years ago, the EEOC revised its regulations to clarify that broad scope of coverage. Since then, courts have gone to work interpreting this new scope of coverage. The preliminary results are good, but they could be better.
While the ADAAA made a host of important changes to the ADA’s definition of disability, employee-side lawyers need to do a better job …
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis
Hofstra Labor & Employment Law Journal
No abstract provided.
Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.
Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater
Hofstra Labor & Employment Law Journal
This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as …
The Future: They Will Lead; The Law Will Follow, Robert A. Kearney
The Future: They Will Lead; The Law Will Follow, Robert A. Kearney
Hofstra Labor & Employment Law Journal
No abstract provided.
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan
Hofstra Labor & Employment Law Journal
There can be little doubt that actions to recover lost wages from employers have increased dramatically in the last thirty years. Since the 1970’s, American workers have become subject to a “24/7 marketplace workweek.” Off-the-clock work, misclassification, contingent jobs, and wage theft have become far more prevalent in the last three decades. A few snapshots in time reflect this trend. In 1997, some 1,600 wage suits were filed in federal court. In 2007, just ten years later, the number of wage suits jumped to 7,310. In just one year, 2006-2007, the number of filed wage cases increased by 73 percent. …
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino
Hofstra Labor & Employment Law Journal
No abstract provided.
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara
Hofstra Labor & Employment Law Journal
No abstract provided.