Law Commons^™

California Restaurant Workers Seeking Justice At The Workplace, Victoria Chan

GGU Law Review Blog

According to a finding by the Economic Policy Institute, about $2 billion in wages are stolen from workers in California every year. A report by the National Employment Law Project (NELP) found that over 1 in 10 workers in California are paid less than the state minimum wage. To an individual worker, the stolen wages can equal more than two months’ rent, three months of childcare, and nearly a year’s worth of groceries for themselves and their family. These workers are oftentimes people of color, women, and immigrants in the restaurant industry.

A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding

West Virginia Law Review

Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …

Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham

DePaul Business & Commercial Law Journal

No abstract provided.

A Modern Defense Of Simple Rules For A Complex World, Richard A. Epstein

Texas A&M Law Review

My 1995 book Simple Rules for a Complex World articulated a general proposition that, in most situations, simple legal rules perform better in two key dimensions: (1) they are simpler to interpret and enforce, and (2) they generate efficient incentives on the parties to whom they apply. I then applied that view to matters of general legal theory, to matters of environmental law, and to disputes over labor. These principles apply to all forms of legal regulation, but in this Article, I shall limit my analysis to the five articles in this Collection. These are by Richard Revesz on global …

The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers

Hofstra Labor & Employment Law Journal

No abstract provided.

Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon

Hofstra Labor & Employment Law Journal

No abstract provided.

Work Accidents: A Drama In Three Acts, Lawrence M. Friedman

Hofstra Labor & Employment Law Journal

No abstract provided.

Let Them Play: The Case For Allowing Minors To Play Professional Sports, Zachary Bawduniak

Hofstra Labor & Employment Law Journal

No abstract provided.

In A Galaxy … Not So Far Away: The Privatization Of Space Flight And The Need For Labor Laws In Outer Space, Taylor Brodsky

Hofstra Labor & Employment Law Journal

No abstract provided.

The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky

Hofstra Labor & Employment Law Journal

No abstract provided.

Caring For Your Employees, Lance Plunkett Jd, Llm

The New York State Dental Journal

Employment laws are rapidly expanding worker opportunities and rights complicating dentists' ability to hire and retain employees in a competitive job market.

Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick

Journal Articles

Not long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wage-setting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust …

An Employment Discrimination Class Action By Any Other Name, Ryan H. Nelson

Fordham Law Review

In a few years, four out of every five nonunion workers in America will have been forced by their employers to sign an individual arbitration agreement as a condition of employment. This new reality, coupled with the U.S. Supreme Court’s fealty to compelled arbitration and cramped reading of Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), has killed the employment discrimination class action. But that does not imply the death of collective redress for workers suffering from discrimination. In that spirit, this Article engages in two analyses to keep equal employment opportunity alive at scale.

First, it …

The Reality Of Materiality: Why A Heightened Adversity Standard Has No Place In Title Vii Discrimination Claims, Abigail Mccabe

Fordham Law Review

Title VII of the Civil Rights Act of 1964 forbids discrimination in the workplace. Except, according to certain lower courts’ limiting interpretations, for when it does not. Circuit courts have spent decades imposing an extratextual materiality requirement onto Title VII in contravention of its broad remedial purpose. Accordingly, countless victims of discrimination are unable to seek recourse because their alleged harm was purportedly too insignificant to constitute actionable discrimination under Title VII. This materiality requirement not only presents an additional substantive hurdle for plaintiffs, but also leads to inconsistency and unpredictability, as each circuit fumbles to define what conduct is …

Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K.

Hofstra Labor & Employment Law Journal

The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in Wm Morrison Supermarkets v Various Claimants (2020) and Various Claimants v Barclays Bank (2020) by the Supreme Court of UK restricting the scope of vicarious liability through its interpretation of the akin to employment test as well as the close connection test deserves scrutiny. The Supreme Court apart from reaffirming the traditional distinction between independent contractors and employees also has limited the circumstances in which claims of vicarious liability can be …

Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia

University of Arkansas at Little Rock Law Review

No abstract provided.

Employee Beware: Why Secret Workplace Recordings Are Risky Business For Employees, Marc C. Mcallister

Marquette Law Review

This Article examines the risks for employees when secretly recording workplace conversations. Although many employers flatly prohibit employees from secretly recording workplace conversations, case law contains dozens of examples of employees conducting such espionage. In the typical case, employees secretly record conversations to gather evidence to support claims of discrimination, harassment, or whistleblowing, but many of those individuals were likely unaware of the pitfalls associated with their clandestine activities. This Article uncovers various pitfalls for employees when secretly recording workplace conversations. These include being fired by their employer for violating its no-recording policy, finding courts unreceptive to claims of retaliation …

Individual Home-Work Assignments For State Taxes, Hayes R. Holderness

Washington Law Review

The surge in work-from-home arrangements brought on by the COVID-19 pandemic threatens serious disruptions to state tax systems. Billions of dollars are at stake at this pivotal moment as states grapple with where to assign income earned through these remote work arrangements for tax purposes: the worker’s home or the employer’s location? Some states—intent on modernizing their income tax laws—have assigned such income to the employer’s location, but have faced persistent challenges on both constitutional and policy grounds in response.

This Article provides a vigorous defense against such challenges. The Supreme Court has long interpreted the Constitution to be deferential …

Beyond Title Vii: Litigating Harassment By Nonemployees Under The Ada And Adea, Kate Bradley

Washington Law Review

Employees in the United States are protected from unlawful harassment that rises to the level of a “hostile work environment.” Federal circuits recognize that employers could be liable under Title VII when their employees experience hostile work environments because of harassment from nonemployees. However, outside of Title VII, not all federal circuits have recognized that the Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA) protect employees from hostile work environments.

As a result, employees are vulnerable with respect to age and disability-based harassment. This Comment argues that all federal circuits should allow …

After 'Subsistence Work': Labour Commodification And Social Justice In The Household Workplace, Liam Mchugh-Russell

Articles, Book Chapters, & Popular Press

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that …

The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.

UAEU Law Journal

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …

Ambiguities And Absences: Occupational Health And Safety Regulation Of Platform-Mediated Work In Ontario, Canada, Eric Tucker

Articles & Book Chapters

Platform-mediated work, whether location-based, as in the case of Uber, or cloud-based, as in the case of Amazon Mechanical Turk, poses severe challenges to effective occupational health and safety (OHS) regulation. While the work performed in the platform environment is not usually very different from work performed in more traditional employment settings, the platform environment often exacerbates those risks by, for example, increasing stress and incentivizing long hours and work intensification. Regulating these hazards is impeded by ambiguities surrounding the legal relationship between platform operators and platform workers that make it uncertain whether the OHS regime even applies. As well …

A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society

Flyers 2022-2023

No abstract provided.

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan

Brooklyn Law Review

The racial pay gap in the US is staggering. Wealth disparities between Black, Latinx, and white households reflect the compound negative effects of discrimination, inequality, and lack of opportunities experienced by communities of color. One understudied way to address racial pay equity and the wealth gap is to examine how to widen career paths of high-paying, stable careers for people of color. Career paths are not equal. Some jobs are dead-end, minimum wage-paying, with little to no hope of promotion into a salary that catapults an earner into the next socioeconomic class. Others have growth potential, comfortable wages, and important …

The ‘Contract’ And Its Discontents: Can It Address Protection Gaps For Migrant Agricultural Workers In Canada?, Tanya Basok, Eric Tucker, Leah F. Vosko, C. Susana Caxaj, Jenna L. Hennebry, Stephanie Mayell, Janet Mclaughlin, Anelyse M. Weiler

Articles & Book Chapters

Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.