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Comment Of Proposed Department Of Labor Regulations On Esg Investing, Prudence And Loyalty, Edward A. Zelinsky Nov 2021

Comment Of Proposed Department Of Labor Regulations On Esg Investing, Prudence And Loyalty, Edward A. Zelinsky

Testimony

DOL’s proposed regulations about ERISA’s fiduciary duties of prudence and loyalty weaken the protection of America’s workers and retirees. Accordingly, these proposed regulations should be amended to delete the imprudent, unproven and ambiguous term “ESG,” to add more balanced examples which reduce misperceptions of ERISA’s fiduciary duties, and to expunge altogether the concept of tie-breaking which violates the duty of loyalty by encouraging the pursuit of collateral benefits.

The fundamental claims of ESG advocates are economically implausible. Such advocates assert that they consistently outperform and manipulate competitive markets. This claim is unpersuasive.

ESG proponents assert that a person making an …


In House Counsel Panel, Cardozo Office Of Career Services, Cardozo Startup Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society Nov 2021

In House Counsel Panel, Cardozo Office Of Career Services, Cardozo Startup Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society

Flyers 2021-2022

No abstract provided.


Defend Fired Workers Learn Litigation Skills, Unemployment Action Center Oct 2021

Defend Fired Workers Learn Litigation Skills, Unemployment Action Center

Flyers 2021-2022

No abstract provided.


Paid To Play: College Athletes Face Off With The Ncaa In The High Court, Heyman Center On Corporate Governance, Cardozo Antitrust Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society, Cardozo Sports Law Society Apr 2021

Paid To Play: College Athletes Face Off With The Ncaa In The High Court, Heyman Center On Corporate Governance, Cardozo Antitrust Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society, Cardozo Sports Law Society

Flyers 2020-2021

No abstract provided.


Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky Jan 2021

Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky

Articles

My assessment of California’s A.B.5 differs from the evaluation advanced by the advocates and opponents of that legislation: I conclude that A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of "employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The …