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Articles 1 - 25 of 25

Full-Text Articles in Law

"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels Jan 2013

"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels

American University Business Law Review

No abstract provided.


Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green Jan 2013

Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green

Articles in Law Reviews & Other Academic Journals

Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski Jan 2013

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski

Articles in Law Reviews & Other Academic Journals

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …


Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg Jan 2013

Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg

The Modern American

No abstract provided.


Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta Jan 2013

Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta

Labor & Employment Law Forum

No abstract provided.


Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda Jan 2013

Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda

Labor & Employment Law Forum

No abstract provided.


Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi Jan 2013

Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi

Labor & Employment Law Forum

No abstract provided.


Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace, Owen E. Herrnstadt Jan 2013

Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace, Owen E. Herrnstadt

Labor & Employment Law Forum

No abstract provided.


Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs Jan 2013

Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs

Labor & Employment Law Forum

No abstract provided.


Immigration And The Vulnerable Worker: We Built This Country On Cheap Labor, Leila Higgins Jan 2013

Immigration And The Vulnerable Worker: We Built This Country On Cheap Labor, Leila Higgins

Labor & Employment Law Forum

No abstract provided.


The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins Jan 2013

The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allie Robbins

Labor & Employment Law Forum

No abstract provided.


Using Border Trade Adjustments To Address Labor Rights Concerns Under The Wto, Micah Globerson Jan 2013

Using Border Trade Adjustments To Address Labor Rights Concerns Under The Wto, Micah Globerson

Labor & Employment Law Forum

No abstract provided.


A Preferred Approach: How Minority-Owned Businesses Can Combat Union Discrimination, Edward Frischling Jan 2013

A Preferred Approach: How Minority-Owned Businesses Can Combat Union Discrimination, Edward Frischling

Labor & Employment Law Forum

No abstract provided.


The Military’S Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila Jan 2013

The Military’S Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila

Labor & Employment Law Forum

No abstract provided.


Sleeping With The Enemy: The Nflpa And Nfl’S Lockout Side-Agreement Subjecting Cedric Benson To A Suspension For His Conduct During The Lockout Violated The Union’S Duty Of Fair Representation, José Marrero Jan 2013

Sleeping With The Enemy: The Nflpa And Nfl’S Lockout Side-Agreement Subjecting Cedric Benson To A Suspension For His Conduct During The Lockout Violated The Union’S Duty Of Fair Representation, José Marrero

Labor & Employment Law Forum

No abstract provided.


The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr Jan 2013

The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr

Labor & Employment Law Forum

No abstract provided.


Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers, Mike Lewis Jan 2013

Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers, Mike Lewis

Labor & Employment Law Forum

No abstract provided.


Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies, Laurie Monahan Jan 2013

Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies, Laurie Monahan

Labor & Employment Law Forum

No abstract provided.


Flexible Workplace Solutions For Low-Wage Hourly Workers: A Framework For A National Conversation, Liz Watson, Jennifer E. Swanberg Jan 2013

Flexible Workplace Solutions For Low-Wage Hourly Workers: A Framework For A National Conversation, Liz Watson, Jennifer E. Swanberg

Labor & Employment Law Forum

No abstract provided.


Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children, Paul Cook Jan 2013

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children, Paul Cook

Labor & Employment Law Forum

No abstract provided.


Forgotten Fathers: The Disparate Impact Of The Fmla’S Unpaid Parental Leave Provision, Elizabeth Moran Jan 2013

Forgotten Fathers: The Disparate Impact Of The Fmla’S Unpaid Parental Leave Provision, Elizabeth Moran

Labor & Employment Law Forum

No abstract provided.


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis Jan 2013

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Articles in Law Reviews & Other Academic Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis Jan 2013

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …


What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff Jan 2013

What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff Jan 2013

A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.