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Full-Text Articles in Law
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso
Maine Law Review
Labor rights in countries with predominantly free market economies have generally passed through three stages--repression, tolerance, and recognition. In the United States, nineteenth-century state and federal governments repressed labor unions by making conduct, such as workers banding together for higher wages, subject to criminal penalty and civil liability. Courts paved the way for tolerating labor unions by overruling repressive precedents. By the early twentieth century, Congress followed suit by legislatively exempting unions from certain legal liabilities. In 1935, Congress enacted Section 7 of the National Labor Relations Act (NLRA), marking the first formal federal government recognition of employees' “right to …
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
Arbitration Law Review
No abstract provided.
What Makes Parties Joint Employers? An Analysis Of The National Labor Relations Board’S Redefining Of The “Joint Employer” Standard And Its Potential Effect On The Labor Industry, Deepti Orekondy
University of Miami Business Law Review
Multiple cases decided before the National Labor Relations Board (“NLRB”) have continuously narrowed the scope of the joint employer doctrine. Most recently, in the case of Browning-Ferris Indus., 362 N.L.R.B. No. 186 (August 27, 2015), the NLRB overturned decades of precedent and adopted a much more expansive standard that reverts the doctrine back to its original understanding in 1965. Prior to this decision, the joint employer doctrine established a joint employer relationship when both entities had meaningful control over the terms and conditions of employment and actually exercised that authority. After Browning-Ferris, the new standard now only requires “indirect” …
The Joint-Employer Standard After Browning-Ferris Ii & The 21st Century American Dream, Jay Forester
The Joint-Employer Standard After Browning-Ferris Ii & The 21st Century American Dream, Jay Forester
American University Business Law Review
No abstract provided.
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
American University Business Law Review
No abstract provided.