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Articles 151 - 180 of 673
Full-Text Articles in Labor and Employment Law
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan
Hofstra Labor & Employment Law Journal
There can be little doubt that actions to recover lost wages from employers have increased dramatically in the last thirty years. Since the 1970’s, American workers have become subject to a “24/7 marketplace workweek.” Off-the-clock work, misclassification, contingent jobs, and wage theft have become far more prevalent in the last three decades. A few snapshots in time reflect this trend. In 1997, some 1,600 wage suits were filed in federal court. In 2007, just ten years later, the number of wage suits jumped to 7,310. In just one year, 2006-2007, the number of filed wage cases increased by 73 percent. …
Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp
Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp
Hofstra Labor & Employment Law Journal
This contribution to the 30th anniversary symposium of the Hofstra Labor and Employment Law Journal identifies four signal legal changes in the law governing whistleblowers between 1983 and 2013. Three of these are well known and easily identified -- the amendments to the federal False Claims Act enacted in 1986, the Sarbanes-Oxley whistleblower protection scheme enacted in 2002, and the Dodd-Frank securities fraud whistleblower bounty program enacted in 2010. Equally important may prove the Deficit Reduction Act of 2005 (actually enacted in 2006), which created an unusual carrot for state law whistleblower reward and protection reform. After discussing the impact …
Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.
Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal
Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal
Hofstra Labor & Employment Law Journal
No abstract provided.
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino
Hofstra Labor & Employment Law Journal
No abstract provided.
The Future: They Will Lead; The Law Will Follow, Robert A. Kearney
The Future: They Will Lead; The Law Will Follow, Robert A. Kearney
Hofstra Labor & Employment Law Journal
No abstract provided.
Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin
Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin
Hofstra Labor & Employment Law Journal
Five years ago, Congress passed the ADA Amendments Act, and amended the definition of disability to reinstate the ADA’s broad scope of coverage, which had been unduly narrowed by the Supreme Court and lower courts for nearly twenty years. Three years ago, the EEOC revised its regulations to clarify that broad scope of coverage. Since then, courts have gone to work interpreting this new scope of coverage. The preliminary results are good, but they could be better.
While the ADAAA made a host of important changes to the ADA’s definition of disability, employee-side lawyers need to do a better job …
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson
Hofstra Labor & Employment Law Journal
No abstract provided.
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman
Hofstra Labor & Employment Law Journal
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Hofstra Labor & Employment Law Journal
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara
Hofstra Labor & Employment Law Journal
No abstract provided.
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz
Hofstra Labor & Employment Law Journal
No abstract provided.
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis
Hofstra Labor & Employment Law Journal
No abstract provided.
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel
Hofstra Labor & Employment Law Journal
No abstract provided.
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Hofstra Labor & Employment Law Journal
The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.
With recognition that LGBT employment discrimination laws are novel …
Gender, Family, And Work, Marcia L. Mccormick
Gender, Family, And Work, Marcia L. Mccormick
Hofstra Labor & Employment Law Journal
No abstract provided.
Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher
Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher
Hofstra Labor & Employment Law Journal
No abstract provided.
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Hofstra Labor & Employment Law Journal
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
Hofstra Labor & Employment Law Journal
American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …
The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna
The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna
Hofstra Labor & Employment Law Journal
No abstract provided.
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Hofstra Labor & Employment Law Journal
This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Hofstra Labor & Employment Law Journal
No abstract provided.
Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux
Hofstra Labor & Employment Law Journal
No abstract provided.
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
Hofstra Labor & Employment Law Journal
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
Hofstra Labor & Employment Law Journal
No abstract provided.
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Hofstra Labor & Employment Law Journal
No abstract provided.
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet
Hofstra Labor & Employment Law Journal
No abstract provided.
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield
Hofstra Labor & Employment Law Journal
No abstract provided.