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Articles 1 - 16 of 16
Full-Text Articles in Law
Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino
Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino
Fordham Law Review
This Note discusses past attempts to combat growing levels of executive compensation, analyzes the role of both shareholders and directors in the compensation-setting process, and discusses conflicting views concerning shareholder-director power, the disclosure mechanism, and the pay-ratio metric. Finally, this Note balances these views by proposing alterations to the CEO Pay Ratio Disclosure Rule that preserve the long-standing corporate structure, while also offering shareholders an accountability mechanism to enhance the Rule’s intended results.
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
The 2015 - 2016 survey period featured decisions of the appellate courts impacting the workers' compensation system on issues ranging from willful misconduct to statutes of limitations.
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.
Just Jobs, Anita Bernstein
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Touro Law Review
No abstract provided.
Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann
Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann
Seattle University Law Review
This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Nevada Supreme Court Summaries
The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Journal of Law and Policy
The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers’ exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility to workplace injuries and illnesses. Researchers have consistently found that immigrant workers suffer disproportionately from occupational injuries and fatalities, even when controlling for industry and occupation. Why, then, are foreign-born workers at greater risk for workplace injuries and fatalities, when compared with their native-born counterparts? This Article seeks to develop answers to that …
Exception To The Rule: Relaxing The Standard For Intentional Torts Under The Industrial Insurance Act, Brad Westmoreland
Exception To The Rule: Relaxing The Standard For Intentional Torts Under The Industrial Insurance Act, Brad Westmoreland
Washington Law Review Online
In Walston v. Boeing, the Supreme Court of Washington upheld a standard used to determine whether a worker injured by his employer’s deliberate intent to expose him to toxic materials could pursue remedies outside of the state’s workers’ compensation system. The Birklid standard—which requires claimants seeking remedies under the “deliberate intention” exception to show that an employer willfully disregarded actual knowledge that an injury was certain to occur—effectively prevents toxic exposure claimants from surviving motions for summary judgment. This result runs in strict contravention of the Legislature’s purpose in enacting both the deliberate intention exception and the Industrial …
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Center for Business Research and Development
The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Articles
Ever since the Supreme Court’s short-lived decision in Ledbetter v. Goodyear Tire Company, the equal pay movement has coalesced around the Paycheck Fairness Act as the legal reform strategy for addressing the gender wage gap. The centerpiece of the Act would tighten the Factor Other Than Sex defense (FOTS) to require the employer’s sex-neutral factor to be bona fide, job-related for the position in question, and consistent with business necessity. Even without the Paycheck Fairness Act, some recent lower court decisions have interpreted the existing Equal Pay Act to set limits on the nondiscriminatory factors that can satisfy the …
Private Long-Term Care Insurance: Not The Solution To The High Cost Of Long-Term Care For The Elderly, Lawrence A. Frolik
Private Long-Term Care Insurance: Not The Solution To The High Cost Of Long-Term Care For The Elderly, Lawrence A. Frolik
Articles
Long-term care can be extremely expensive. As older Americans plan for financing care for their golden years, one option is to purchase a Long-Term Care Insurance (LTCI) policy. However, despite the potentially steep costs of long-term care, few elderly individuals actually purchase LTCI. This decision is rational for most elderly people. First, LTCI insures a risk that may never occur, as the majority of elderly Americans only need a year or less of long-term care. Second, Medicaid provides a publicly subsidized alternative to LTCI. An elderly person can rely on his or her savings to pay for care and then …