Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- The University of Akron (60)
- University of Georgia School of Law (20)
- Maurice A. Deane School of Law at Hofstra University (12)
- University of Michigan Law School (8)
- University of Florida Levin College of Law (7)
-
- Villanova University Charles Widger School of Law (7)
- Marquette University Law School (6)
- Mitchell Hamline School of Law (6)
- West Virginia University (6)
- Vanderbilt University Law School (5)
- University of Richmond (4)
- University of Washington School of Law (4)
- Northwestern Pritzker School of Law (3)
- Notre Dame Law School (3)
- The Catholic University of America, Columbus School of Law (3)
- University at Buffalo School of Law (3)
- University of the District of Columbia School of Law (3)
- William & Mary Law School (3)
- Chicago-Kent College of Law (2)
- Cleveland State University (2)
- Loyola University Chicago, School of Law (2)
- Maurer School of Law: Indiana University (2)
- Pace University (2)
- Pepperdine University (2)
- Schulich School of Law, Dalhousie University (2)
- St. John's University School of Law (2)
- UIC School of Law (2)
- University of Oklahoma College of Law (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Keyword
-
- Title VII (16)
- Discrimination (11)
- National Labor Relations Act (10)
- Collective bargaining (9)
- NLRB (9)
-
- Employment (8)
- Workforce reduction (8)
- Labor law (7)
- Labor union (7)
- National Labor Relations Board (7)
- Plant closing (7)
- Employment law (6)
- EEOC (5)
- Employees (5)
- Employment discrimination (5)
- Equal Employment Opportunity Commission (5)
- Labor (5)
- NLRA (5)
- Age discrimination (4)
- ERISA (4)
- Retirement (4)
- Sexual harassment (4)
- Social media (4)
- Belgium (3)
- Civil Rights Act of 1964 (3)
- Corporations (3)
- Disabilities (3)
- Employers (3)
- Equal employment (3)
- FLSA (3)
- Publication
-
- Akron Law Review (59)
- Georgia Journal of International & Comparative Law (20)
- Hofstra Labor & Employment Law Journal (12)
- Florida Law Review (7)
- Marquette Benefits and Social Welfare Law Review (6)
-
- West Virginia Law Review (6)
- William Mitchell Law Review (6)
- Villanova Law Review (4)
- Catholic University Law Review (3)
- Jeffrey S. Moorad Sports Law Journal (3)
- Michigan Law Review (3)
- Northwestern University Law Review (3)
- University of the District of Columbia Law Review (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Buffalo Journal of Gender, Law & Social Policy (2)
- Chicago-Kent Law Review (2)
- Cleveland State Law Review (2)
- Dalhousie Law Journal (2)
- Indiana Law Journal (2)
- Loyola University Chicago Law Journal (2)
- Michigan Journal of Gender & Law (2)
- Notre Dame Law Review Reflection (2)
- Pace Law Review (2)
- Richmond Journal of Law and the Public Interest (2)
- St. John's Law Review (2)
- UIC Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Washington International Law Journal (2)
- Washington Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
Articles 151 - 180 of 200
Full-Text Articles in Law
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Hofstra Labor & Employment Law Journal
This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.
The grant-in-aid football players of Northwestern University meet the three rules normally used to …
Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton
Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton
University of Michigan Journal of Law Reform Caveat
Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal Revenue …
Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart
Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart
University of Michigan Journal of Law Reform
In the modern technological age, social media allows us to communicate vast amounts of personal information to countless people instantaneously. This information is valuable to more than just our “friends” and “followers,” however. Prospective employers can use this personal data to inform hiring decisions, thereby maximizing fit and minimizing potential liability. The question then arises, how best to acquire this information? For job applicants, the counter-question is how best to protect the privacy of their social media accounts. As these two competing desires begin to clash, it is important to find a method to mediate the conflict. Existing privacy law, …
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
“Play Or Pay”: Interpreting The Employer Mandate Of The Patient Protection And Affordable Care Act As It Relates To Tribal Employers, Rachel Sibila
American Indian Law Review
No abstract provided.
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles
Michigan Journal of Gender & Law
Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …
Liberating Sexual Harassment Law, Lua Kamál Yuille
Liberating Sexual Harassment Law, Lua Kamál Yuille
Michigan Journal of Gender & Law
Sexual harassment law and the proposed solutions to that paradigm’s deficiencies teach a disheartening and peculiar lesson to women and gender performance minorities: “You may be disadvantaged at work because of your gender or your gender performance nonconformity. Discrimination against you is okay.” This albatross has inexplicably burdened sexual harassment law for the more than thirty-five years since it emerged as a redressable form of unlawful discrimination under Title VII of the Civil Rights Act of 1964. This Article coherently explains the reason for it. It makes a simple claim: Sexual harassment law has failed to eradicate workplace gender discrimination, …
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
William Mitchell Law Review
No abstract provided.
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Richmond Journal of Law and the Public Interest
In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate Labor, Cyra A. Choudhury
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate Labor, Cyra A. Choudhury
Vanderbilt Journal of Transnational Law
India's commercial surrogacy business has been the focus of intense media scrutiny for the past decade. In that time, it has grown from a $400 million industry to over $2 billion. While the growth in the surrogacy market has been rapid and widespread, the Indian government has struggled to regulate it as a business, as a medical practice and for the protection of surrogates. After nearly a decade of proposed draft bills, the government has yet to enact comprehensive regulation. It is now clear that the state will not ban such a lucrative source of income. Scholars of surrogacy have …
Human Trafficking And Labor Migration: The Dichotomous Law And Complex Realities Of Filipina Entertainers In South Korea And Suggestions For Integrated And Contextualized Legal Responses, Yoon J. Shin
Vanderbilt Journal of Transnational Law
This Article examines the complex legal situation of Filipina "entertainers" in U.S. military camp towns in South Korea: the individuals located at the intersection of human trafficking and labor migration. The Article investigates how the dichotomous law fails to recognize these entertainers as either trafficking victims or as migrant workers. The law therefore denies proper legal rights and remedies for the serious rights violations they suffer in the destination state. This research demonstrates that these migrants have diverse needs, aspirations, and transnational experiences that embrace both victimhood and agency. It illuminates the fundamental problems of the current global anti-trafficking regime, …
Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel
Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel
Hofstra Labor & Employment Law Journal
No abstract provided.
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise, Robert L. Douglas, Jeffrey Douglas
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise, Robert L. Douglas, Jeffrey Douglas
Hofstra Labor & Employment Law Journal
No abstract provided.
One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link
One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link
Hofstra Labor & Employment Law Journal
No abstract provided.
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
Washington International Law Journal
China’s Labor Contract Law (“LCL”) came into force on January 1, 2008. The first major piece of labor legislation since the 1994 Labor Law, the Labor Contract Law expanded legal protection for workers by mandating that labor contracts be in writing and delivered to all workers. Employers, predicting that the law would effectively raise the cost of employing full-time, long-term workers, sought methods of “creative compliance” with the law. One avenue for creative compliance emerged through the loophole in the LCL for so-called “dispatch workers.” Dispatch workers are formally employed by third-party dispatch service agencies and thus not covered by …
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis
Richmond Journal of Law and the Public Interest
In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf
Indiana Law Journal
This Article explains how student-athletes already have a significantly influential voice. The Author calls upon his personal experience as a former Division I student-athlete and Chair of the NCAA Division I National Student-Athlete Advisory Committee to show that student athletes are capable of effectuating change by expressing themselves through existing means, rather than unionization.
Recent Development: Antonio V. Ssa Sec., Inc.: Upon Exhausting All Other Tools Of Statutory Interpretation, Policy Considerations Revealed That The Maryland Legislature Did Not Intend To Abrogate The Common Law Doctrine Of Respondeat Superior Through The Enactment Of § 19-501 Of The Maryland Security Guards Act, David Bronfein
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Maryland Security Guards Act, Section 19-501 of the Maryland Code, Business Occupations and Professions Article (“section 19-501”) does not expand a security guard agency’s liability for unauthorized employee conduct; rather, the statute remains consistent with the liability prescribed by Maryland’s common law doctrine of respondeat superior. Antonio v. SSA Sec., Inc., 442 Md. 67, 90, 110 A.3d 654, 667 (2015). Finding the plain language, context, and legislative history of the statute to be ambiguous and unconvincing, the court was ultimately persuaded by policy considerations behind upholding the common law doctrine of …
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
Washington International Law Journal
China’s Labor Contract Law (“LCL”) came into force on January 1, 2008. The first major piece of labor legislation since the 1994 Labor Law, the Labor Contract Law expanded legal protection for workers by mandating that labor contracts be in writing and delivered to all workers. Employers, predicting that the law would effectively raise the cost of employing full-time, long-term workers, sought methods of “creative compliance” with the law. One avenue for creative compliance emerged through the loophole in the LCL for so-called “dispatch workers.” Dispatch workers are formally employed by third-party dispatch service agencies and thus not covered by …
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
UIC Law Review
This Comment will examine the benefits and pitfalls of a federal minimum wage while keeping the original reasons for labor reform in mind.
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Losing The Best And The Brightest: The Disappearing Wage Premium For H-1b Visa Recipients, Danielle M. Drago
Losing The Best And The Brightest: The Disappearing Wage Premium For H-1b Visa Recipients, Danielle M. Drago
Vanderbilt Journal of Entertainment & Technology Law
The pressure for immigration reform in the technology industry revolves heavily around the use of the H-1B visa, which allows companies to temporarily hire highly skilled workers. This Note provides an empirical analysis of the historical wages of H-1B workers and domestic workers in the technology industry to determine whether H-1B workers earn more or less than domestic workers in the same industry. In the technology industry, H-1B workers' wage premium has eroded in recent years relative to domestic workers, leading to stagnant wages that may deter the "best and the brightest" from choosing to enter into the H-1B process. …
The Ironies Of Automation Law: Tying Policy Knots With Fair Automation Practices Principles, Meg L. Jones
The Ironies Of Automation Law: Tying Policy Knots With Fair Automation Practices Principles, Meg L. Jones
Vanderbilt Journal of Entertainment & Technology Law
Rapid developments in sensors, computing, and robotics, including power, kinetics, control, telecommunication, and artificial intelligence have presented opportunities to further integrate sophisticated automation across society. With these opportunities come questions about the ability of current laws and policies to protect important social values new technologies may threaten. As sophisticated automation moves beyond the cages of factories and cockpits, the need for a legal approach suitable to guide an increasingly automated future becomes more pressing. This Article analyzes examples of legal approaches to automation thus far by legislative, administrative, judicial, state, and international bodies. The case studies reveal an interesting irony: …
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Loyola of Los Angeles Law Review
This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …
Transforming Federal And State Retirement Tax Deductions To Refundable Tax Credits, Teresa Ghilarducci, Ismael Cid-Martinez
Transforming Federal And State Retirement Tax Deductions To Refundable Tax Credits, Teresa Ghilarducci, Ismael Cid-Martinez
Marquette Benefits and Social Welfare Law Review
The purpose of this Study is to calculate retirement account tax expenditures by states. States with income taxes that allow tax deferral of retirement account contributions and investment earnings lose nearly $20 billion in revenue. This Study uses a variety of data sources, including state reports from their executive agencies and known estimation techniques to calculate the amount of tax credits that a worker in each state would receive if the deferrals were converted to a refundable tax credit. The average credit under these estimation techniques and calculations would be $172.
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
NYLS Law Review
No abstract provided.
Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer
Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer
Loyola University Chicago Law Journal
While former industrial factories are being converted into modern living spaces in cities across the country, residential homes are being converted into modern factories thanks to advances in three-dimensional (“3D”) printing technology, an emerging “Maker Movement,” and the rise of online marketplaces like Etsy. Despite growing environmental, child-labor, and safety concerns, these “home-based factories” are largely unregulated. In the absence of traditional workplace protections, how can we gear up for the “next industrial revolution” while guarding against the sweatshop conditions of the last? How can we harness the Maker Movement’s commitment to do-it-yourself democracy in order to combat abuses by …
Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman
Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman
Hofstra Labor & Employment Law Journal
No abstract provided.
Dismantling Social Perceptions & Employment Barriers: Imposing Regulation On Federal Contractors- A Backdoor Approach To Changing America's Hiring Practices For Individuals With Disabilities, Phylis Sherman
Hofstra Labor & Employment Law Journal
No abstract provided.
Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer
Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer
Hofstra Labor & Employment Law Journal
No abstract provided.