Law Commons^™

Does Title Vii Work For Temps? Faush V. Tuesday Morning Reconsiders The Employment Relationship, Shane O'Halloran

Villanova Law Review

No abstract provided.

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …

Labor & Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa K. Peters

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2015 to May 31, 2016 that affect labor and employment relations for Georgia employers.

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe

William & Mary Law Review

No abstract provided.

Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile

Seattle University Law Review

Washington Limited License Legal Technicians (LLLTs) are non-lawyers who will supposedly help to close “the wide and ever-growing gap in necessary legal and law related services for low and moderate income persons.” However, LLLTs will not close the access to justice gap because “[t]here are no protections . . . to ensure that legal technicians will actually provide services to the poor, as opposed to selling their services to those who can most afford them,” and LLLTs are “not going to have the competency to actually do for the poor what needs to be done.”

Additionally, the modifications of the …

Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein

Louisiana Law Review

The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien

St. John's Law Review

(Excerpt)

This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …

The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham

The Catholic Lawyer

No abstract provided.

A Reconsideration Of The Right To Strike, James Graham

The Catholic Lawyer

No abstract provided.

Preemptive Bargaining: The Irs, The Dol, The Nlrb And Overlapping Responsibilities, Sean Ferguson

Hofstra Labor & Employment Law Journal

No abstract provided.

Does Uber Redefine The Firm? The Postindustrial Corporation And Advanced Information Technology, Julia Tomassetti

Hofstra Labor & Employment Law Journal

No abstract provided.

The Current Status Of D.R. Horton, Pending Appellate Litigation, And Predictions Of Supreme Court Review, Irene A. Zoupaniotis

Hofstra Labor & Employment Law Journal

No abstract provided.

Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis

Hofstra Labor & Employment Law Journal

No abstract provided.

Retiring Workplace Tortious Interference Claims, Donn C. Meindertsma

Hofstra Labor & Employment Law Journal

No abstract provided.

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.

Leaving Labour Law’S Pragmatic And Purposive Fortress Behind: Canadian Union Successor Rights Law As A Case Study, Pascal Mcdougall

Osgoode Hall Law Journal

In this article, I analyze a series of Canadian cases on union successor rights defining the circumstances in which labour rights should be transferred to a successor entity in the context of business sales, restructuring and subcontracting. My analysis casts doubt on a globally influential theory of legal interpretation, which I call the “old legality.” According to this theory, labour law is made not through conventional legal reasoning but through non-legal, pragmatic, and purposive applications of loose industrial relations standards. I claim that the old legality paradigm is analytically inaccurate and has the perverse effect of normalizing the status quo …

One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman

University of Miami Law Review

Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.

This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …

Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications & Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the courts, hoping to …

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar

Labor & Employment Law Forum

No abstract provided.

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.

Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft

Labor & Employment Law Forum

No abstract provided.

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.

Pengaturan Perlindungan Hukum Bagi Tenaga Kerja Wanita Beserta Keluarganya Berdasarkan Uu No. 6 Tahun 2012 Tentang Pengesahan Konvensi Internasional Perlindungan Buruh Migran Beserta Keluarganya, Ani Suryani H

Jurnal Hukum & Pembangunan

This study aims to assess and analyze the normative regulation of legal protection for women workers and their families based on Law No.6 of 2012 on the Ratification of the International Convention on the Protection of Migrant Workers and their Families. Processing dan data analisys done by the legal logical legal reasoning systematically and coherently and then analyzed by descriptive qualitative and subsequently concluded deductively. Based on the results obtained that: Convention on the Protection ofthe Rights of All Migrant Workers and Members of Their Families (International Convention on the Protection of the Rights of All …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Clearly the most significant case handed down during the 2015 survey period was the March 2015 decision by the United States Supreme Court in Young v. United Parcel Service, Inc. In Young, the Supreme Court decided that the Pregnancy Discrimination Act (PDA) does, in fact, require employers to offer workplace accommodations to pregnant employees in order to remain on the job. This case has almost certainly required a host of employers to review and probably revise the leave policies they had in place prior to the decision being handed down. Otherwise, the 2015 survey period was a busy, …