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Articles 121 - 150 of 673
Full-Text Articles in Labor and Employment Law
Unites States V. Windsor, Obergefell V. Hodges And The Future Of Lgbt Rights In The Workplace, Sarah Wheeler
Unites States V. Windsor, Obergefell V. Hodges And The Future Of Lgbt Rights In The Workplace, Sarah Wheeler
Hofstra Labor & Employment Law Journal
No abstract provided.
A Franchisor's Flsa Liability For Its Franchisee's Workers: Why Operational Control Over Employment Conditions Should Make A Franchisor A Joint Employer, Bryan Arbeit
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting Paid In The Naked Economy, Meredith R. Miller
Getting Paid In The Naked Economy, Meredith R. Miller
Hofstra Labor & Employment Law Journal
“It’s the end of work as we know it,” reports consulting firm Accenture in a paper about the “rise of the extended workforce.” (Gartside, Silverstone, Farley & Cantrell, Trends Reshaping the Future of HR: The Rise of the Extended Workforce, at 3 (Accenture 2013). The report predicts that, “[i]n the future, organizations’ competitive success will hinge on...workers who aren’t employees at all.” The legal nature of employment is changing and has been changing for quite some time; fewer and fewer workers are “employees.”
It is not new or novel to recognize that, from a legal perspective, there are many benefits …
A Textualist Approach To Title Vii: Aggrieved Individuals May Bypass The Eeoc, Elinor A. Swanson
A Textualist Approach To Title Vii: Aggrieved Individuals May Bypass The Eeoc, Elinor A. Swanson
Hofstra Labor & Employment Law Journal
No abstract provided.
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise, Robert L. Douglas, Jeffrey Douglas
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise, Robert L. Douglas, Jeffrey Douglas
Hofstra Labor & Employment Law Journal
No abstract provided.
Dismantling Social Perceptions & Employment Barriers: Imposing Regulation On Federal Contractors- A Backdoor Approach To Changing America's Hiring Practices For Individuals With Disabilities, Phylis Sherman
Hofstra Labor & Employment Law Journal
No abstract provided.
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks
Hofstra Labor & Employment Law Journal
This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.
The grant-in-aid football players of Northwestern University meet the three rules normally used to …
Including The Transgenderless At Work: A Comparison Of Transgender Employees And Transgender Students As Plaintiffs, Julia Elmaleh-Sachs
Including The Transgenderless At Work: A Comparison Of Transgender Employees And Transgender Students As Plaintiffs, Julia Elmaleh-Sachs
Hofstra Labor & Employment Law Journal
No abstract provided.
The Misfortune Of The Unpaid Intern, Sean Hughes, Jerry Lagomarsine
The Misfortune Of The Unpaid Intern, Sean Hughes, Jerry Lagomarsine
Hofstra Labor & Employment Law Journal
No abstract provided.
Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel
Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel
Hofstra Labor & Employment Law Journal
No abstract provided.
Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman
Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman
Hofstra Labor & Employment Law Journal
No abstract provided.
Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer
Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer
Hofstra Labor & Employment Law Journal
No abstract provided.
One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link
One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link
Hofstra Labor & Employment Law Journal
No abstract provided.
The Organizational Ombudsman's Quest For Priviledged Communications, Kendall D. Isaac
The Organizational Ombudsman's Quest For Priviledged Communications, Kendall D. Isaac
Hofstra Labor & Employment Law Journal
The role of organizational ombudsman has grown tremendously in the past couple of decades. Organizations have come to rely upon their ombuds offices to provide value-added dispute resolution services aimed at improving the corporate ethical and cultural environment while simultaneously staving off unwanted turnover and potential litigation from disgruntled employees. While employees have enjoyed ‘being heard’ by their ombudsman, the ombudsmen have struggled to keep the information they have heard confidential and away from the public forum via subsequent litigation and motions to compel them to disclose this information. This article explores the current state of the ombudsman confidentiality privilege, …
Missing The Mark: How Fmla's Bonding Leave Fails Mothers, Rona Kaufman Kitchen
Missing The Mark: How Fmla's Bonding Leave Fails Mothers, Rona Kaufman Kitchen
Hofstra Labor & Employment Law Journal
In the two decades since it was adopted, the Family and Medical Leave Act (hereinafter “FMLA” or “the Act”) has been consistently criticized for its failure to achieve its stated goal of enabling workers “to balance the demands of the workplace with the needs of families.” Since it was signed into law in 1993, legal scholars and women’s rights groups, while applauding the accomplishments of the Act, have expressed their dissatisfaction with the status of family and medical leave law in the United States. It has been argued that the FMLA should be expanded to cover more workers, for more …
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Hofstra Labor & Employment Law Journal
When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Hofstra Labor & Employment Law Journal
No abstract provided.
Abortion & The Military: Limitations On Access For Servicewomen, Laura Ahern, Ivy Cherian
Abortion & The Military: Limitations On Access For Servicewomen, Laura Ahern, Ivy Cherian
Hofstra Labor & Employment Law Journal
No abstract provided.
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cn Tower Over Qatar: An Analysis Of The Use Of Slave Labor In Preparation For The 2022 Fifa Men's World Cup And How The European Court Of Human Rights Can Stop It, Michael B. Engle
Hofstra Labor & Employment Law Journal
No abstract provided.
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Hofstra Labor & Employment Law Journal
No abstract provided.
Wellness Programs, The Ada, And Gina: Framing The Conflict, E. Pierce Blue
Wellness Programs, The Ada, And Gina: Framing The Conflict, E. Pierce Blue
Hofstra Labor & Employment Law Journal
No abstract provided.
Click To Accept (You Now Have No Rights!), Jason T. Brown, Zijian Guan
Click To Accept (You Now Have No Rights!), Jason T. Brown, Zijian Guan
Hofstra Labor & Employment Law Journal
No abstract provided.
Women's Work: Economic Security In The Domestic Violence Context, Jamie Haar
Women's Work: Economic Security In The Domestic Violence Context, Jamie Haar
Hofstra Labor & Employment Law Journal
No abstract provided.
Striking Gold, Not Dynamite When Using Social Media In Employment Screening, Mark Bannister, Michael Jilka, Derek Ulrich
Striking Gold, Not Dynamite When Using Social Media In Employment Screening, Mark Bannister, Michael Jilka, Derek Ulrich
Hofstra Labor & Employment Law Journal
No abstract provided.
Hijacking Of Title Vii Employment Discrimination Plaintiffs On The Way To The Jury, Steven R. Semler
Hijacking Of Title Vii Employment Discrimination Plaintiffs On The Way To The Jury, Steven R. Semler
Hofstra Labor & Employment Law Journal
No abstract provided.
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater
Hofstra Labor & Employment Law Journal
This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as …
Oddball Arbitration, Richard A. Bales, Mark B. Gerano
Oddball Arbitration, Richard A. Bales, Mark B. Gerano
Hofstra Labor & Employment Law Journal
Congress passed the FAA in 1925 to resolve commercial disputes involving merchants. Since then, the Supreme Court has dramatically expanded the scope of the FAA and applied it in the employee and consumer settings. More recently the Supreme Court has chosen for its arbitration docket a set of cases with wholly atypical fact patterns in what appears to be a deliberate effort – successful so far – to advance its pro-arbitration policy agenda without provoking a political backlash. This article describes three oddball arbitration cases and argues that their atypical facts have permitted the Court to create legal rules that, …
Below The Minimum: A Critical Review Of The 14(C) Wage Program For Employees With Disabilities, Matthew Crawford, Joshua Goodman
Below The Minimum: A Critical Review Of The 14(C) Wage Program For Employees With Disabilities, Matthew Crawford, Joshua Goodman
Hofstra Labor & Employment Law Journal
No abstract provided.
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
Hofstra Labor & Employment Law Journal
The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States is not, however, the only nation in which employers play an important role in the financing of health care. The employer plays an important role in financing health care in a number of other countries, including France.
This article explores the role of the employer in the health care system in France and compares it to the role of the employer in the U.S. health care system. It begins by providing an overview of the the French health care system. It …