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Maurice A. Deane School of Law at Hofstra University

2012

Federal courts

Articles 1 - 3 of 3

Full-Text Articles in Law

Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett Jan 2012

Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett

Hofstra Labor & Employment Law Journal

This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …


Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux Jan 2012

Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux

Hofstra Labor & Employment Law Journal

No abstract provided.


The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna Jan 2012

The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.