Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Two Sides Of The Same Coin: Examining The Misclassification Of Workers As Independent Contractors, Julia H. Weaver
Two Sides Of The Same Coin: Examining The Misclassification Of Workers As Independent Contractors, Julia H. Weaver
Georgia Law Review
Under current National Labor Relations Board
interpretations of the National Labor Relations Act, employers
may only be punished for misclassifying their employees as
independent contractors if a separate violation of the NLRA is
present. As the U.S. economy increasingly focuses on gig work,
millions of workers are affected by misclassification, which
results in lower pay and fewer employment protections.
Misclassification also strips the government of billions of
dollars in tax revenue.
The NLRB considered the issue of making the
misclassification of employees a standalone violation of Section
8(a)(1) of the NLRA in the case Velox Express, Inc., yet it
declined …
The Lost Approach To Flsa Settlement Agreements: A Freedom-Of-Contract Approach, Madison G. Conkel
The Lost Approach To Flsa Settlement Agreements: A Freedom-Of-Contract Approach, Madison G. Conkel
Georgia Law Review
In jurisdictions that require judicial oversight of Fair Labor
Standards Act settlement agreements, a question lingers: What
exactly should judges review? Some judges have begun
categorically striking confidentiality provisions from
settlement agreements by pointing to the purposes and goals of
the FLSA. The academic community lauds these courts’ efforts
to prevent employers from mandating employees’ silence about
the terms of their settlement agreements. This Note, however,
makes the counterargument: confidentiality provisions should
be permitted in FLSA settlements agreements as a bargaining
chip for employees who bring individual suits. If higher courts
in a given jurisdiction require judicial oversight of these …
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds
Georgia Law Review
In McDonnell Douglas Corp. v. Green, the U.S. Supreme
Court developed a framework to assist courts in assessing
individual disparate treatment claims based on
circumstantial evidence. Under that test, plaintiffs alleging
discrimination under Title VII must first show a prima facie
case of discrimination. Since McDonnell Douglas, courts have
modified the test by requiring plaintiffs to demonstrate that
they were treated less favorably than a similarly situated
comparator employee who is outside the plaintiff’s protected
class. Courts disagree, however, on what it means for
employees to be similarly situated. Some courts strictly
interpret the similarly situated requirement; others caution
against …