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Articles 211 - 240 of 673
Full-Text Articles in Labor and Employment Law
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
Hofstra Labor & Employment Law Journal
The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris
Hofstra Labor & Employment Law Journal
Because of an annual tax subsidy that well exceeds $100 billion, most private healthcare expenses in the United States today are covered by employer-sponsored insurance. Like other important employee-welfare benefits, employer-sponsored health insurance is regulated by the Employee Retirement Income Security Act of 1974 (ERISA) - a landmark federal statute whose primary objective was the protection of private-sector retirement savings. A rich scholarly literature has developed which addresses the effects of federal tax and regulatory policy on the structure and performance of our healthcare industry. Within legal academia, however, one issue in particular has engendered much debate: to what extent …
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Hofstra Labor & Employment Law Journal
No abstract provided.
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Hofstra Labor & Employment Law Journal
No abstract provided.
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
Hofstra Labor & Employment Law Journal
It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Hofstra Labor & Employment Law Journal
No abstract provided.
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
Hofstra Labor & Employment Law Journal
No abstract provided.
On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner
On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner
Hofstra Labor & Employment Law Journal
Is the National Labor Relations Board statutorily empowered by and under Section 3(b) of the National Labor Relations Act to issue decisions and orders when the membership of this five-member agency falls to two active members? This important question, now before the United States Supreme Court, has been considered by several federal courts of appeals in recent rulings addressing challenges to the two-member Board’s adjudicatory power and decision making authority. This essay focuses on the interpretive theories adopted, methodologies employed, and adjudicative choices made by the courts of appeals grappling with the Section 3(b) quorum issue, and argues that the …
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Hofstra Labor & Employment Law Journal
No abstract provided.
The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson
Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Hofstra Labor & Employment Law Journal
No abstract provided.
Who's Your Daddy? A Proposal For Paid Family Leave To Promote The Growth Of Families, Ashleigh Garvey, Claire Mitchell
Who's Your Daddy? A Proposal For Paid Family Leave To Promote The Growth Of Families, Ashleigh Garvey, Claire Mitchell
Hofstra Labor & Employment Law Journal
No abstract provided.
The Emergence Of State Data Privacy And Security Laws Affects Employers, Joseph J. Lazzarotti
The Emergence Of State Data Privacy And Security Laws Affects Employers, Joseph J. Lazzarotti
Hofstra Labor & Employment Law Journal
No abstract provided.
The Impact Of Emerging Techologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia K. Tuminaro
The Impact Of Emerging Techologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia K. Tuminaro
Hofstra Labor & Employment Law Journal
No abstract provided.
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Hofstra Labor & Employment Law Journal
No abstract provided.
Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague
Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague
Hofstra Labor & Employment Law Journal
No abstract provided.
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
Hofstra Labor & Employment Law Journal
No abstract provided.
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Hofstra Labor & Employment Law Journal
No abstract provided.
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Hofstra Labor & Employment Law Journal
No abstract provided.
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Hofstra Labor & Employment Law Journal
Federal and state reporters are filled with examples of lopsided arbitration agreements drafted by employers with the apparent intent of discouraging employees from successfully bringing valid claims. The case reporters contain far fewer examples of employment dispute resolution programs that are carefully designed to ensure that employees receive a fundamentally fair forum for the resolution of their employment disputes, for the obvious reason that employees are less likely to challenge these programs. Similarly, most scholarly commentary focuses on the overall merits and demerits of employment arbitration, or on problems posed by particular provisions often found in employment arbitration agreements, but …
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
Hofstra Labor & Employment Law Journal
No abstract provided.
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
Hofstra Labor & Employment Law Journal
No abstract provided.
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Hofstra Labor & Employment Law Journal
No abstract provided.