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Articles 1 - 8 of 8
Full-Text Articles in Law
Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.
Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.
St. Thomas Law Review
Every year, fraudulent activity against the United States government costs taxpayers billions of dollars. The majority of these losses result from acts of fraud against federal health care programs like Medicare and Medicaid, and to a lesser extent, from matters involving contracts with the government for the purchase of goods and services. However, the United States Department of Justice (“DOJ”) fights back to regain lost taxpayer dollars by taking action under the False Claims Act (“FCA”), which imposes liability on such types of government fraud. Since 1986, actions taken by the DOJ resulted in the recovery of over $64 billion …
Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet
Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet
St. Thomas Law Review
This Comment addresses the ambiguity within the FMLA statute of limitations, specifically the contested interpretation of “last event.” Part II provides background on the FMLA, including its history, purpose, and relevant provisions such as eligibility, rights, and enforcement thereunder. Part III analyzes how federal circuit courts are split on the interpretation of “last event” and how this affects the timeliness of FMLA claims. Part IV proposes amending the FMLA regulations to clarify the limitations period using the Barrett holding that “last event” constitutes the last denial of FMLA rights. Finally, Part V concludes, asserting that if this solution is adopted, …
Future Disabilities And Employment Discrimination Law, Amanda Valero
Future Disabilities And Employment Discrimination Law, Amanda Valero
St. Thomas Law Review
This Article will first discuss the purpose of the ADA, the importance of the 2008 ADA Amendments, and how recent decisions will once again deny protections to individuals who are “regarded as” disabled. Part II describes the evolution of disability law in the form of the Rehabilitation Act, the ADA (Title I – Employment), and its amendments. Part III analyzes the “regarded as” prong of the ADA, the Sutton case which narrowly construed the protections afforded by the ADA, how the Sutton decision negatively impacted individuals discriminated against on the basis of a “disability,” and how the 2008 ADA amendments …
Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
St. Thomas Law Review
What drives a business? Most simply put, profit. But to what end? Employment classification has a significant impact on a business’s profit. The two most common worker classifications recognized globally are the independent contractor and the employee. This classification determines whether the individual receives access to pay, qualifies for benefits, and gains protection from discrimination. All these factors come at a cost to an employer and result in a cut in their overall profit. In the twentieth century, employment classification has been subject to heavy litigation in a particular field: the gig economy. The gig economy, which primarily grew in …
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
St. Thomas Law Review
John Doe is an exceptional firefighter who also happens to be a homosexual. John performs his duties every day to the utmost of his ability; however, in response to his sexual orientation, John is verbally harassed daily, underpaid for his line of work, and subsequently discharged from his position. This is a consequence of practicing his protected constitutional right of same sex marriage at his workplace. Every individual ought to have a fair and inclusive workplace free from discrimination; that is not the case in today’s America. Although employees are protected from discrimination by the Civil Rights Act of 1964 …
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Intercultural Human Rights Law Review
In 2001, the chocolate industry adopted the Harkin-Engel Protocol, also referred to as the Chocolate Industry Protocol, in which it "publicly acknowledged the problem of forced child labor" with a promise to "commit significant resources to address it" and ensure that "cocoa beans and their derivative products have been grown and/or processed without any of the worst forms of child labor." The noble goals set forth in this voluntary, self-regulating agreement were to be attained by 2005. Twenty years have passed since the signing of the Chocolate Industry Protocol (CIP). The purpose of this paper is to determine the effectiveness …
Fundamental Labour Standards And Corporate Sustainability: An Analysis Of The Regulatory Framework Of Core Workers' Rights And Its Integration In Contemporary International Business, S J. Rombouts, A J.F Lafarre
Fundamental Labour Standards And Corporate Sustainability: An Analysis Of The Regulatory Framework Of Core Workers' Rights And Its Integration In Contemporary International Business, S J. Rombouts, A J.F Lafarre
Intercultural Human Rights Law Review
The core of international protection of workers' rights is made up of the Fundamental Labour Standards that were developed in the framework of the International Labour Organization (ILO). These standards, included in the eight fundamental conventions of the ILO are part of public international law, but are also incorporated into a large number of other - public, private, binding and voluntary - instruments that regulate international corporate behavior and form the basis for worker protection in international corporate social responsibility mechanisms. Fundamental Labour Standards (FLS) aim to secure respect for the prohibition of child labour, the prohibition of forced labour, …
Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray
Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray
Intercultural Human Rights Law Review
This essay will discuss ways in which that duty of good faith bargaining is enforced and how a series of decisions by the courts and the National Labor Relations Board designed to increase employer power and flexibility have inadvertently encouraged and compelled employers to bargain in good faith by conditioning use of their most powerful weapons on their participation in good faith bargaining. The presence of economic weapons held in reserve is a powerful negotiating lever and an employer which has forfeited the ability to use weapons such a permanent striker replacement, lockout, and unilateral change will have substantially less …