Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Maurice A. Deane School of Law at Hofstra University

Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 673

Full-Text Articles in Labor and Employment Law

Front Matter Mar 2025

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Navigating Job Security In Turbulent Times: Challenges In The Entertainment, Airline, And Auto Industries, Joshua M. Javits Mar 2025

Navigating Job Security In Turbulent Times: Challenges In The Entertainment, Airline, And Auto Industries, Joshua M. Javits

Hofstra Labor & Employment Law Journal

No abstract provided.


Love And Hate In University Technology Commercialization Proposed Revision To The Bayh-Dole Act, Clovia Hamilton, David Schuman Mar 2025

Love And Hate In University Technology Commercialization Proposed Revision To The Bayh-Dole Act, Clovia Hamilton, David Schuman

Hofstra Labor & Employment Law Journal

To a large extent, the university technology transfer (hereinafter the "TTO") success depends on harmonious relationships between technology transfer staff and contributing faculty. While this state is ideal, regretfully, it is not typical. We describe sixty-two legal battles between academic inventors and their universities. We also identify the stressors caused by perceived threats to the TTO staff and faculty researchers, which result in felt job insecurity. We then developed a concept model which depicts these perceived threats and how they contribute to positive functional technology transfer performance or negative dysfunctional performance. We propose that any lack of communication, social exchanges, …


Hi-Ho, Off To Work Asylees Must Go: New York's Need To Facilitate Migrant Work Permits, Claire S. Campuzano Mar 2025

Hi-Ho, Off To Work Asylees Must Go: New York's Need To Facilitate Migrant Work Permits, Claire S. Campuzano

Hofstra Labor & Employment Law Journal

No abstract provided.


Reasonable Cause For Fixing The Eeoc: How Changes In The Alternative Dispute Resolution Methods Can Help The Commission Fulfill Its Purpose, Nicholas Constantinidis Mar 2025

Reasonable Cause For Fixing The Eeoc: How Changes In The Alternative Dispute Resolution Methods Can Help The Commission Fulfill Its Purpose, Nicholas Constantinidis

Hofstra Labor & Employment Law Journal

No abstract provided.


Drag Me To Work: Legislative Discrimination In Drag Queen Employment, Michael Russo Mar 2025

Drag Me To Work: Legislative Discrimination In Drag Queen Employment, Michael Russo

Hofstra Labor & Employment Law Journal

No abstract provided.


Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda Sep 2024

Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda

Hofstra Labor & Employment Law Journal

No abstract provided.


Fighting For Their Lives, Even Outside Of The Octagon: How The Ufc Violates Antitrust Laws To Undermine Fighters' Compensation, Joseph A. Diez Sep 2024

Fighting For Their Lives, Even Outside Of The Octagon: How The Ufc Violates Antitrust Laws To Undermine Fighters' Compensation, Joseph A. Diez

Hofstra Labor & Employment Law Journal

No abstract provided.


Orange Is The New Bruise: Abuse In Correctional Facilities By Employees And How New York's Adult Survivors Act Can Become A Deterrent, Michael Zanni Sep 2024

Orange Is The New Bruise: Abuse In Correctional Facilities By Employees And How New York's Adult Survivors Act Can Become A Deterrent, Michael Zanni

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2024

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein Sep 2024

Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein

Hofstra Labor & Employment Law Journal

No abstract provided.


"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman Sep 2024

"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman

Hofstra Labor & Employment Law Journal

The definition of "boycott" attracts controversy in legislation, case law, and dictionaries. This paper questions what the worthy legal definition of "boycott" is. It examines and analyzes various sources on "boycott." We conclude that the most distinctive characteristic of a "boycott" is omissions, such as refusal to provide services. The antithesis of omission is commission. Omissions signify allowing something to happen, whereas commissions signify causing it to happen. Since boycotts concern omissions, they entail less legislative interference with the boycotter's right of autonomy. Yet, the autonomy of the boycotters should be restrained when they coerce the boycott's targets, coerce others …


The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph Sep 2024

The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph

Hofstra Labor & Employment Law Journal

No abstract provided.


Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce Sep 2024

Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2024

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


A Market Solution To The Pay Gap, Stephen A. Plass Sep 2024

A Market Solution To The Pay Gap, Stephen A. Plass

Hofstra Labor & Employment Law Journal

The pay gap between men and women is typically defined as the ratio of median annual earnings of men and women working full time. The gap is attributable to many pre- and post-labor market factors such as family background, work aspirations, education, experience, ability, hours worked, unionization rates, workplace practices or conditions, technological developments, and even public health developments. Because a large variety of personal and labor market factors contribute to the pay gap, it is highly improbable that the median pay of men and women will ever be the same, any more than pay for younger and older workers. …


A Quiet Workplace? Conceptualizing An Evidentiary Privilege Protecting Confidential Employer-Employee Communications, Michael D. Moberly Sep 2024

A Quiet Workplace? Conceptualizing An Evidentiary Privilege Protecting Confidential Employer-Employee Communications, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Gender Conscious Labor Environmentalism, Chaumtoli Huq Sep 2024

Gender Conscious Labor Environmentalism, Chaumtoli Huq

Hofstra Labor & Employment Law Journal

Drawing primarily from the internationally recognized human right to a clean, healthy and sustainable environment, ("right to a healthy environment") as well as related international environmental and economic human rights laws, this Article makes three critical moves towards theorizing a gender conscious approach to labor environmentalism. First, this Article demonstrates through four cases studies from Bangladesh, that global and national labor movements can effectively address the root causes of labor rights violations, specifically around health and safety by deploying and mobilizing around the recently passed international right to a healthy environment. Second, the right to a healthy environment offers a …


"The American Dream" Becoming The American Scheme: The Truth About Sponsoring Undocumented Child Laborers And What Hhs Officials Can Do To Help, Kristen P. Julich Sep 2024

"The American Dream" Becoming The American Scheme: The Truth About Sponsoring Undocumented Child Laborers And What Hhs Officials Can Do To Help, Kristen P. Julich

Hofstra Labor & Employment Law Journal

No abstract provided.


The Propriety Of Restraint: Assessing The Viability And Wisdom Of Executive And Legislative Branch Action To Eliminate Collective Bargaining Rights In The Department Of Defense, Casey Keppler Mar 2024

The Propriety Of Restraint: Assessing The Viability And Wisdom Of Executive And Legislative Branch Action To Eliminate Collective Bargaining Rights In The Department Of Defense, Casey Keppler

Hofstra Labor & Employment Law Journal

Department of Defense civilian employees are generally permitted to be represented by unions who can engage in collective bargaining with the management on their behalf. In contrast with the private sector, unions representing federal government employees are prohibited from striking and are severely restricted in the topics they can negotiate with management. Given these limitations and the consternation collective bargaining can cause management officials, the question can reasonably asked whether unions’ existence in the federal sector enhance or impair the enterprise. This article discusses the mechanisms available to the Legislative and Executive Branches to eliminate the collective bargaining rights of …


The "I" Is For Inclusive: Addressing The Need To Federally Regulate Employers' Use Of Artificial Intelligence In Hiring Practices, Caitlyn Shu Mar 2024

The "I" Is For Inclusive: Addressing The Need To Federally Regulate Employers' Use Of Artificial Intelligence In Hiring Practices, Caitlyn Shu

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2024

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


A Different Model For Show Business: Creating An Agency Employer In The Performing Arts, Kathy-Ann Hart Mar 2024

A Different Model For Show Business: Creating An Agency Employer In The Performing Arts, Kathy-Ann Hart

Hofstra Labor & Employment Law Journal

The inner workings of the entertainment business are often invisible. The end product of a beautiful film, a riveting play, a compelling television show or even a funny commercial is perhaps all most people ever know about show business. Not a lot is known or shared transparently about film financing, casting or about talent representation.


Choose Your Words Carefully: Social Media, Social Justice And The Workplace, Susan Greene Mar 2024

Choose Your Words Carefully: Social Media, Social Justice And The Workplace, Susan Greene

Hofstra Labor & Employment Law Journal

No abstract provided.


Reproductive Rights And Employer Health Insurance: Exploring Abortion Benefit Options In A Post-Roe Era, Emily E. Manning Mar 2024

Reproductive Rights And Employer Health Insurance: Exploring Abortion Benefit Options In A Post-Roe Era, Emily E. Manning

Hofstra Labor & Employment Law Journal

No abstract provided.


It's The Final Countdown: How A Legislative Solution Might Rectify The Staffing Shortages & Horrors Of Rikers Island, Rochelle Podolsky Mar 2024

It's The Final Countdown: How A Legislative Solution Might Rectify The Staffing Shortages & Horrors Of Rikers Island, Rochelle Podolsky

Hofstra Labor & Employment Law Journal

No abstract provided.


Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon Mar 2023

Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon

Hofstra Labor & Employment Law Journal

No abstract provided.


The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers Mar 2023

The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers

Hofstra Labor & Employment Law Journal

No abstract provided.


In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K. Mar 2023

In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K.

Hofstra Labor & Employment Law Journal

The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in Wm Morrison Supermarkets v Various Claimants (2020) and Various Claimants v Barclays Bank (2020) by the Supreme Court of UK restricting the scope of vicarious liability through its interpretation of the akin to employment test as well as the close connection test deserves scrutiny. The Supreme Court apart from reaffirming the traditional distinction between independent contractors and employees also has limited the circumstances in which claims of vicarious liability can be …


Work Accidents: A Drama In Three Acts, Lawrence M. Friedman Mar 2023

Work Accidents: A Drama In Three Acts, Lawrence M. Friedman

Hofstra Labor & Employment Law Journal

No abstract provided.