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Full-Text Articles in Law
The Case For The Inclusion Of Employee Relations Matters In Mandatory Disclosure And Reporting Requirements For Public Corporations, Derek J. Illar
The Case For The Inclusion Of Employee Relations Matters In Mandatory Disclosure And Reporting Requirements For Public Corporations, Derek J. Illar
Northern Illinois University Law Review
Public companies have no obligation to disclose and to report matters that pertain to equality in the workplace, the payment of wages and benefits, and health and safety issues—“employee relations matters”—under the current statutory and regulatory framework for the capital markets. The absence of this obligation significantly and glaringly handicaps shareholders and other market participants insofar as they are investing in public companies with a limited and distorted understanding of their operations that belies the historical and analytical justifications for mandatory disclosures and reporting. This Article posits that public corporations should publish information about employee relations matters because certain disclosure …
The Gig Economy: An Annotated Bibliography, Matthew L. Timko
The Gig Economy: An Annotated Bibliography, Matthew L. Timko
Northern Illinois University Law Review
Companies like Uber, Lyft, Postmates, Airbnb, and others have become established within society, to the point that Uber has become a regularly used verb. While the consumer benefits of these companies has been immediate, the legal implications remain far murkier. This emerging market has demonstrated that the twentieth century laws are unable to cope with these twenty-first century businesses in regard to employee rights, employer responsibilities, consumer protections, and federal and state regulations. This bibliography presents the primary and secondary sources which are essential to understanding what has been termed the "gig economy" so that readers have a background of …
Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter
Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter
Northern Illinois University Law Review
Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law. But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for …
Vicarious Liability Of An Employer-Master: Must There Be A Right Of Control?, John Dwight Ingram
Vicarious Liability Of An Employer-Master: Must There Be A Right Of Control?, John Dwight Ingram
Northern Illinois University Law Review
Most courts impose vicarious liability on an alleged employer-master when it has a right to control the physical conduct or method of doing the work of the person who injures a third party. In other instances, courts impose vicarious liability in cases where there only an appearance of actual control exists. This article examines the difference between actual and apparent control, and the author maintains that a better test for vicarious liability is whether the injurer is acting on the employer-master's behalf.
Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski
Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski
Northern Illinois University Law Review
This comment examines the existing practice of urinalysis drug testing of employees at will. The comment focuses on the large amount of discretion that private employers currently have, and the potential ramifications that abuse of this discretion can have on employees. A recommendation is made to enact uniform federal legislation and apply existing federal employer guidelines to private employers as well.
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Northern Illinois University Law Review
This Comment discusses the status of the doctrine of employment at will in Illinois particularly as it relates to the employer in the wake of the Illinois Supreme Court decision in Duldulao v. St. Mary of Nazareth Hospital Center. A recommendation is made that further erosion should be minimized and that, to that end, the Illinois General Assembly should clarify pertinent terminology.
Ten Years After (Weingarten): Are The Standards Really Clear?, Daniel J. Herron
Ten Years After (Weingarten): Are The Standards Really Clear?, Daniel J. Herron
Northern Illinois University Law Review
An exploration into the labor law area of "Weingarten rights," which permit union representation in employee investigatory hearings. The article explores the inconsistencies which exist among various federal circuits due to the failure of the Court in Weingarten to provide definitive standards for the application of the principles which the Court announced.
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Northern Illinois University Law Review
An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.