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Full-Text Articles in Law
The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
Scholarly Works
In December 2004, in a pair of cases, the Appellate
Division, First Department, held that under state labor
and tort laws, injured workers who are not legally permitted
to be present or employed in the United States
are only entitled to receive lost earnings reflecting what
they could have earned in their country of origin. This
article explores these First Department decisions by first
discussing the federal statutory and decisional backdrop
against which the cases arose. This article then
provides a discussion of the First Department cases and
the competing economic incentives they implicate.
Finally, this article posits that a …
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Faculty Scholarship
I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.