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Articles 1 - 12 of 12

Full-Text Articles in Law

Circular Definitions Of What Constitutes An Employee: Determining Whether The Partners Of Sidley Austin Brown & Wood Qualify As Employers Or Employees Under Federal Law, Rachel M. Milazzo Jul 2007

Circular Definitions Of What Constitutes An Employee: Determining Whether The Partners Of Sidley Austin Brown & Wood Qualify As Employers Or Employees Under Federal Law, Rachel M. Milazzo

Saint Louis University Law Journal

No abstract provided.


Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff Jun 2007

Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff

The Institute Brief Series, Institute for Community Inclusion

This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.


Reverse Monitoring: On The Hidden Role Of Employee Stock-Based Compensation, Sharon Hannes May 2007

Reverse Monitoring: On The Hidden Role Of Employee Stock-Based Compensation, Sharon Hannes

Michigan Law Review

This Article develops a new understanding of equity-based compensation schemes, such as employee stock option plans. Current literature views such schemes as a measure aimed at motivating the recipient employees to work harder for the firm. Under that view, this method of remuneration either complements or substitutes for other measures used to monitor the performance of the recipient employees. In contrast, this Article proposes that recipient employees be viewed as potential monitors of other employees and that stock options (or similar types of compensation) motivate them to fulfill this task. This view has many applications and can shed light on ...


Voices From The Workplace: Oakwood Healthcare, Inc. And The Rollback Of Labor Rights Under The Current National Labor Relations Board, Eric Wiesner Jan 2007

Voices From The Workplace: Oakwood Healthcare, Inc. And The Rollback Of Labor Rights Under The Current National Labor Relations Board, Eric Wiesner

University of San Francisco Law Review

This Comment argues that in the current atmosphere in which the Board has faltered in its ability to carry out the national labor policy of encouraging unionization and collective bargaining, and the proper forum for enforcing the rights of workers is the legislative branch, and concludes by arguing for congressional action to amend the Act as the best means to bring the statutory definition of supervisor in line with modern workplace realities.


The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett Jan 2007

The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett

Duke Journal of Gender Law & Policy

The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.


The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery Jan 2007

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

University of San Francisco Law Review

This Article examines the Ninth Circuit's decision in Jesperson v. Harrah's, which the author argues insulates most employers from all but the most determined (and well-financed) challenges to sex-based dress, grooming, and appearance codes under Title VII of the Civil Rights Act of 1964, and will also likely impact both federal court and state court jurisprudence in this area of employment law.


The Law And Economics Of Identity, Rafael Gely Jan 2007

The Law And Economics Of Identity, Rafael Gely

Duke Journal of Gender Law & Policy

"24 Social norms, for example, have long had an important impact on gender roles in employment specifically with respect to work/family concerns.25 Moreover, one of the central conclusions of the famous Hawthorne experiments of the 1930s26 was that employee work effort is significantly influenced by the norms of the employee's workgroup with respect to what constitutes an appropriate work level or output.27 Applying this analysis, employees are deemed not "irrational" when they don't increase output in response to increased employer incentive pay; they are simply responding to workplace social norms-i.e., they don't want ...


Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan Jan 2007

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.


Tax Consequences When A New Employer Bears The Cost Of The Employee's Terminating A Prior Employment Relationship, Douglas A. Kahn, Jeffrey H. Kahn Jan 2007

Tax Consequences When A New Employer Bears The Cost Of The Employee's Terminating A Prior Employment Relationship, Douglas A. Kahn, Jeffrey H. Kahn

Articles

The next few months will be busy ones for moving companies that have NCAA basketball coaches as customers. In the past few months, several men's college basketball coaches have accepted jobs at different schools. Several of those coaches, who were still under contract at their former institution, had buy out provisions that allowed them to terminate their relationship for a set price. John Beilein is a prominent example of this since his buy out price was so high. Last season, Beilein was the head basketball coach at West Virginia University where he was under contract with the school until ...


Fostering Economic Growth In The High-Technology Field: Washington Should Abandon Its Recognition Of The Inevitable Disclosure Doctrine, Sarah J. Taylor Jan 2007

Fostering Economic Growth In The High-Technology Field: Washington Should Abandon Its Recognition Of The Inevitable Disclosure Doctrine, Sarah J. Taylor

Seattle University Law Review

Part II of this Comment discusses the history and need for trade secret law, while providing an overview of Washington's current application of trade secret law. This Part also notes the risks associated with enforcing a valid trade secret misappropriation claim. Part III addresses the history and importance of noncompetition agreements, as well as their inherent conflict with the notion of employee mobility. Washington's recognition of reasonable noncompetition agreements is also discussed. Part IV discusses the modem application of the doctrine of inevitable disclosure, as well as the benefits and costs of recognizing the doctrine in Washington. Finally ...


Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks Jan 2007

Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks

Faculty Articles

Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides ...


Prosecutorial Ethics And The Mcnulty Memo: Should The Government Scrutinize An Organization's Payment Of Its Employees' Attorneys' Fees?, Noah D. Stein Jan 2007

Prosecutorial Ethics And The Mcnulty Memo: Should The Government Scrutinize An Organization's Payment Of Its Employees' Attorneys' Fees?, Noah D. Stein

Fordham Law Review

No abstract provided.