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Articles 181 - 210 of 673
Full-Text Articles in Labor and Employment Law
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz
Hofstra Labor & Employment Law Journal
No abstract provided.
In Defense Of Public-Sector Unions, Anne Marie Lofaso
In Defense Of Public-Sector Unions, Anne Marie Lofaso
Hofstra Labor & Employment Law Journal
The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …
Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda
Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda
Hofstra Labor & Employment Law Journal
The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …
Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert
Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert
Hofstra Labor & Employment Law Journal
This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …
Negotiating The People's Capital Revised, Samuel Estreicher
Negotiating The People's Capital Revised, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Editor's Note: What follows is the second part of an unofficial transcript of an off-the-record conversation among three of the labor movement's leading strategists. (The first installment appeared under the title “Strategy for Labor,” 22 J. Labor Research 569 (Summer 2001), and has been updated as “Strategy for Labor Revisited,” available www.ssrn.com). This second meeting was also convened by C, or "cooperationist," who had been for over ten years the president of a local union, part of a major industrial union, representing 3,000 employees who had been hired to staff a new manufacturing plant in a Southern town ("Newplant"). Newplant …
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer
Hofstra Labor & Employment Law Journal
This article argues that Neo-liberal policies of both action and inaction support the most virulent form of globalized Finance Capitalism. It outlines how such promotion is structured to reinforce fifteen patterns of economic consequences that reduce the standard of living of the great majority of American families, especially those headed by and including workers. These consequential patterns do not usually result from a single government action, but rather from reinforcements of specific decisions with one another. As a result political and economic elites from the United States become indifferent or worse to working family welfare, constituting an abandonment of Americans …
Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison
Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison
Hofstra Labor & Employment Law Journal
Capturing both popular and academic imaginations, recent literature contributions contest the standard treatment of minimum wage statutes as vehicles that enlarge the economic and social dislocation of vulnerable workers. A persistent strain of the current scholarship dedicated to progressive labor ideology implies that minimum wages or, alternatively, living wage statutes are necessary to preclude the degradation of low-wage workers. The publication of Simon Deakin and Frank Wilkinson’s recent article, Minimum Wage Legislation, constitutes yet another effort to destabilize the neoclassical consensus that emphasizes the adverse employment effects of wage regulation. Prescinding from orthodox economic analysis, Deakin and Wilkinson insist that …
The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl
The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl
Hofstra Labor & Employment Law Journal
No abstract provided.
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein
Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein
Hofstra Labor & Employment Law Journal
No abstract provided.
The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw
Hofstra Labor & Employment Law Journal
No abstract provided.
Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully
Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully
Hofstra Labor & Employment Law Journal
No abstract provided.
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram
Hofstra Labor & Employment Law Journal
No abstract provided.
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Tom Tinkham
Hofstra Labor & Employment Law Journal
When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups. With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers …
Winds Of Change Are Blowing From The Obama Nlrb, J. Michael Lightner
Winds Of Change Are Blowing From The Obama Nlrb, J. Michael Lightner
Hofstra Labor & Employment Law Journal
No abstract provided.
Take Your Paws Off Me: An Argument In Favor Of Revising The Occupational Safety And Health Act And The Protecting America's Workers Act, Jaime Rigel, Alexi T. Poulianos
Take Your Paws Off Me: An Argument In Favor Of Revising The Occupational Safety And Health Act And The Protecting America's Workers Act, Jaime Rigel, Alexi T. Poulianos
Hofstra Labor & Employment Law Journal
No abstract provided.
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
Hofstra Labor & Employment Law Journal
When the NLRA was enacted in 1935, 13.2% of workers were union members. Industrial unions used the power provided in the NLRA to organize manufacturing workers and achieve a union membership of 35% by the mid-1950s. Although the NLRA was significantly amended in 1947 and 1959, it has not been meaningfully changed since then. As a result, a statute designed for mass production industries is no longer relevant to the service and white-collar positions occupied by most individuals today. The NLRA must be modified to include independent contractors who work like regular employees and perma-temps hired from employment agencies on …
Evaluating The Legality Of Employer Surveillance Under The Family And Medical Leave Act: Have Employers Crossed The Line?, Brandon Sipherd, Christopher Volpe
Evaluating The Legality Of Employer Surveillance Under The Family And Medical Leave Act: Have Employers Crossed The Line?, Brandon Sipherd, Christopher Volpe
Hofstra Labor & Employment Law Journal
No abstract provided.
Some Current Thinking At The Board From Brooklyn And Beyond, Alvin P. Blyer
Some Current Thinking At The Board From Brooklyn And Beyond, Alvin P. Blyer
Hofstra Labor & Employment Law Journal
No abstract provided.
Express Yourself: Striking A Balance Between Silence And Active, Puposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Express Yourself: Striking A Balance Between Silence And Active, Puposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Hofstra Labor & Employment Law Journal
No abstract provided.
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Hofstra Labor & Employment Law Journal
There was a significant period in early American history where unlimited liability coexisted with limited liability and certain industries or creditors received more favorable treatment. Limited liability was originally conceived as an extraordinary privilege granted to a select few. In the Twentieth Century, it has been transformed into the default rule for all corporations and entities. The prevalence of limited liability in modern times has undermined fundamental labor protections guaranteeing workers’ their wages. The tension between the limited liability rule and labor rights is fundamentally about who the law favors. Limited liability is risk allocation – shifting to the creditors …
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
Hofstra Labor & Employment Law Journal
No abstract provided.
Employer Reputation At Work, Samuel Estreicher
Employer Reputation At Work, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its promises to workers, both express and implied, - has played an important role in the economic literature of employment contracts, but this factor has itself generated little sustained analysis. Reputation is often offered as a late-appearing deus ex machina explaining why opportunistic behavior by employers even in internal labor markets is likely to be relatively unimportant. This standard explanation for the enforceability of implicit labor contracts in internal labor markets is problematic for at least three reasons. It assumes …