Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Faculty Articles and Papers
When a worker sues an employer, the employer sometimes learns thereafter that the worker had committed some misconduct at the time of hire or while on the job. In those cases, most American work laws provide the employer with a defense that precludes employer liability, or at least limits remedies, if the employer shows that, had it known of the worker’s misconduct at the time of its allegedly wrongful act, it would have fired the worker because of that misconduct. This Article evaluates the prevailing arguments for and against the employee-misconduct defense as it appears in the National Labor Relations …
Tax Liability For Wage Theft, Sachin S. Pandya
Tax Liability For Wage Theft, Sachin S. Pandya
Faculty Articles and Papers
This paper shows how, under existing tax law, illegal wage underpayment by an employer (sometimes called “wage theft”) may generate employer tax liability for unreported income or disallowed business expense deductions. Given that the tax authority needs information from the underpaid worker to prove such liability, the paper identifies two ways that a worker can transmit that information to a tax authority: becoming a tax informant, or bringing a qui tam action under a state false claims act. Finally, the paper discusses possible influences on the decision of the unpaid worker to inform on the employer to the tax authority, …
Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry, James Kwak
Faculty Articles and Papers
No abstract provided.