Law Commons^™

Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris

Hofstra Labor & Employment Law Journal

This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …

College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal

Hofstra Labor & Employment Law Journal

No abstract provided.

Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega

Hofstra Labor & Employment Law Journal

No abstract provided.

A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou

Hofstra Labor & Employment Law Journal

No abstract provided.

Not Every Cloud Has A Silver Lining: The Implications Of Cloud-Based Computing And Bring Your Own Devices On Employee Monitoring And The Dynamic Shift In The Definition Of The Workplace, Ashtyn Hemendinger

Hofstra Labor & Employment Law Journal

No abstract provided.

Taking Care Of The Fmla: Traveling With Family Members Under The Family And Medical Leave Act, Lindsay Korn

Hofstra Labor & Employment Law Journal

No abstract provided.

Title Ix Sexual Assault Investigations In Public Institutions Of Higher Education: Constitutional Due Process Implications Of The Evidentiary Standard Set Forth In The Department Of Education's 2011 Dear Colleague Letter, Lance Toron Houston

Hofstra Labor & Employment Law Journal

This Article examines the constitutional due process impact of the vastly opposite and conflicting standards of review in Title IX sexual assault investigations. Thousands of unionized public employees are subject to the terms and conditions of a public university collective bargaining agreement, which requires a heightened standard of "clear and convincing evidence" to discipline employees. At the same timeperhaps unknowingly-the employee is also held to the strict federally mandated standard of a "preponderance of the evidence," which has a lower standard of review. In short, under the same facts and within the same Title IX investigation, the employee is subject …

Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky

Hofstra Labor & Employment Law Journal

Gobeille v. Liberty Mutual Insurance Co. is the U.S.Supreme Court’s most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court’s literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler’s broader construction of ERISA preemption.

Gobeille held …

Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel

Hofstra Labor & Employment Law Journal

No abstract provided.

All Quiet On The Employment Front: Mandatory Arbitration Under The Userra, Bradford J. Kelley

Hofstra Labor & Employment Law Journal

No abstract provided.