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Labor and Employment Law

Hofstra Labor & Employment Law Journal

Journal

2021

Articles 1 - 13 of 13

Full-Text Articles in Law

Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes Sep 2021

Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.


Nlrb Jurisdiction Over Charter Schools, David B. Schwartz Sep 2021

Nlrb Jurisdiction Over Charter Schools, David B. Schwartz

Hofstra Labor & Employment Law Journal

No abstract provided.


Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis Sep 2021

Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman Sep 2021

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.


Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck Sep 2021

Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck

Hofstra Labor & Employment Law Journal

Employees with disabilities face stigma and stereotypes associated with their impairment. Revelation of a disability to obtain an accommodation can lead to negative consequences including harassment, retaliation, or even discharge, as documented by a survey of employees who requested accommodations at a university. This paper explores how difficult it is for employees facing such negative consequences to prove discriminatory intent under the Americans with Disabilities Act (hereinafter "ADA"). An extensive review of court decisions reveals that the ADA's protection against discrimination rarely provides relief to employees who suffer those negative consequences because the courts defer to employers' reasons for adverse …


Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer Mar 2021

Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer

Hofstra Labor & Employment Law Journal

No abstract provided.


The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani Mar 2021

The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Deputizing The Frontline: Enforcing Workplace Rights In A Post-Pandemic Economy, Elizabeth J. Kennedy Mar 2021

Deputizing The Frontline: Enforcing Workplace Rights In A Post-Pandemic Economy, Elizabeth J. Kennedy

Hofstra Labor & Employment Law Journal

The COVID-19 pandemic exploded against a backdrop of federal retrenchment and repeal of workplace rights and protections for frontline workers, casting a spotlight on systemic racial inequity. While states and cities emerged as the last line of defense for wage standards in the United States, the sweeping application of mandatory arbitration agreements and restrictions on class actions makes enforcing those new rights difficult, if not impossible. A forecasted post-pandemic recession will further undermine the ability of workers to advocate for higher wages and diminish the capacity of enforcement agencies to combat wage theft. Given the enormity of this crisis, any …


Can Millennials Deliver On Equal Pay? Why The Time Is Finally Right For Pay Transparency, Susan R. Fiorentino, Sandra M. Tomkowicz Mar 2021

Can Millennials Deliver On Equal Pay? Why The Time Is Finally Right For Pay Transparency, Susan R. Fiorentino, Sandra M. Tomkowicz

Hofstra Labor & Employment Law Journal

No abstract provided.


"I Know It When I See It": The Nlrb's Glaring Inconsistencies When Classifying Workers, Hunter Igoe Mar 2021

"I Know It When I See It": The Nlrb's Glaring Inconsistencies When Classifying Workers, Hunter Igoe

Hofstra Labor & Employment Law Journal

No abstract provided.


On The Waterfront: Dissecting The Scope Of Erisa Section 510, Max Birmingham Mar 2021

On The Waterfront: Dissecting The Scope Of Erisa Section 510, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.