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Labor and Employment Law Commons

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Maurice A. Deane School of Law at Hofstra University

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Articles 31 - 60 of 673

Full-Text Articles in Labor and Employment Law

In A Galaxy … Not So Far Away: The Privatization Of Space Flight And The Need For Labor Laws In Outer Space, Taylor Brodsky Mar 2023

In A Galaxy … Not So Far Away: The Privatization Of Space Flight And The Need For Labor Laws In Outer Space, Taylor Brodsky

Hofstra Labor & Employment Law Journal

No abstract provided.


The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky Mar 2023

The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2023

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Let Them Play: The Case For Allowing Minors To Play Professional Sports, Zachary Bawduniak Mar 2023

Let Them Play: The Case For Allowing Minors To Play Professional Sports, Zachary Bawduniak

Hofstra Labor & Employment Law Journal

No abstract provided.


How Low Can They Go? The Need For A Federal Minimum Whistleblower Protection, Conner J. Quinn Sep 2022

How Low Can They Go? The Need For A Federal Minimum Whistleblower Protection, Conner J. Quinn

Hofstra Labor & Employment Law Journal

No abstract provided.


Need Not Hire Here: Where Colorado's "Equal Pay For Equal Work" Act Could Better Serve Its Residents Sep 2022

Need Not Hire Here: Where Colorado's "Equal Pay For Equal Work" Act Could Better Serve Its Residents

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2022

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Secondary Picketing, Trade Restraints, And The First Amendment: A Historical And Practical Case For Legal Stability Sep 2022

Secondary Picketing, Trade Restraints, And The First Amendment: A Historical And Practical Case For Legal Stability

Hofstra Labor & Employment Law Journal

Secondary picketing is picketing by a union aimed at someone other than the employer. It aims to coerce the other person to cut ties with the employer to gain leverage in a labor dispute. Today, secondary picketing is usually illegal; it is an unfair labor practice under section 8(b)(4)(ii)(B) of the National Labor Relations Act. If a union pickets a neutral third party, it can be subject to unfair-labor-practice charges, or even an injunction. This article explores why the Court continues to draw that distinction. It surveys the arguments for liberalizing picketing rules, and it places them in historical context. …


The Crossroad Between Employees And Contractors Sep 2022

The Crossroad Between Employees And Contractors

Hofstra Labor & Employment Law Journal

No abstract provided.


Strange Bedfellows: The Pervasive Influence Of Constitutional Law On Labor Arbitration, David V. Johns Sep 2022

Strange Bedfellows: The Pervasive Influence Of Constitutional Law On Labor Arbitration, David V. Johns

Hofstra Labor & Employment Law Journal

No abstract provided.


No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo Sep 2022

No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo

Hofstra Labor & Employment Law Journal

No abstract provided.


Fcra-Divergent Employment Laws, Public Policy, And The Doctrine Of Preemption, Lawrence D. Bernfeld Mar 2022

Fcra-Divergent Employment Laws, Public Policy, And The Doctrine Of Preemption, Lawrence D. Bernfeld

Hofstra Labor & Employment Law Journal

No abstract provided.


Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark L. Adams Mar 2022

Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark L. Adams

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2022

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Title Vii Trials - And Tribulations: Examining The Divergent Roles Of Judge And Jury Under The Act's Enhanced Remedial Scheme, Michael D. Moberly Mar 2022

Title Vii Trials - And Tribulations: Examining The Divergent Roles Of Judge And Jury Under The Act's Enhanced Remedial Scheme, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald Mar 2022

Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald

Hofstra Labor & Employment Law Journal

No abstract provided.


On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta Mar 2022

On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Nlrb Jurisdiction Over Charter Schools, David B. Schwartz Sep 2021

Nlrb Jurisdiction Over Charter Schools, David B. Schwartz

Hofstra Labor & Employment Law Journal

No abstract provided.


Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman Sep 2021

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.


Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck Sep 2021

Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck

Hofstra Labor & Employment Law Journal

Employees with disabilities face stigma and stereotypes associated with their impairment. Revelation of a disability to obtain an accommodation can lead to negative consequences including harassment, retaliation, or even discharge, as documented by a survey of employees who requested accommodations at a university. This paper explores how difficult it is for employees facing such negative consequences to prove discriminatory intent under the Americans with Disabilities Act (hereinafter "ADA"). An extensive review of court decisions reveals that the ADA's protection against discrimination rarely provides relief to employees who suffer those negative consequences because the courts defer to employers' reasons for adverse …


Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes Sep 2021

Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.


Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis Sep 2021

Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis

Hofstra Labor & Employment Law Journal

No abstract provided.


The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani Mar 2021

The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Mar 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Deputizing The Frontline: Enforcing Workplace Rights In A Post-Pandemic Economy, Elizabeth J. Kennedy Mar 2021

Deputizing The Frontline: Enforcing Workplace Rights In A Post-Pandemic Economy, Elizabeth J. Kennedy

Hofstra Labor & Employment Law Journal

The COVID-19 pandemic exploded against a backdrop of federal retrenchment and repeal of workplace rights and protections for frontline workers, casting a spotlight on systemic racial inequity. While states and cities emerged as the last line of defense for wage standards in the United States, the sweeping application of mandatory arbitration agreements and restrictions on class actions makes enforcing those new rights difficult, if not impossible. A forecasted post-pandemic recession will further undermine the ability of workers to advocate for higher wages and diminish the capacity of enforcement agencies to combat wage theft. Given the enormity of this crisis, any …


Can Millennials Deliver On Equal Pay? Why The Time Is Finally Right For Pay Transparency, Susan R. Fiorentino, Sandra M. Tomkowicz Mar 2021

Can Millennials Deliver On Equal Pay? Why The Time Is Finally Right For Pay Transparency, Susan R. Fiorentino, Sandra M. Tomkowicz

Hofstra Labor & Employment Law Journal

No abstract provided.


"I Know It When I See It": The Nlrb's Glaring Inconsistencies When Classifying Workers, Hunter Igoe Mar 2021

"I Know It When I See It": The Nlrb's Glaring Inconsistencies When Classifying Workers, Hunter Igoe

Hofstra Labor & Employment Law Journal

No abstract provided.


On The Waterfront: Dissecting The Scope Of Erisa Section 510, Max Birmingham Mar 2021

On The Waterfront: Dissecting The Scope Of Erisa Section 510, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.


Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer Mar 2021

Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer

Hofstra Labor & Employment Law Journal

No abstract provided.