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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 361 - 390 of 673

Full-Text Articles in Labor and Employment Law

Revitalizing The Flsa, Scott D. Miller Jan 2001

Revitalizing The Flsa, Scott D. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.


You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich Jan 2001

You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich

Hofstra Labor & Employment Law Journal

No abstract provided.


Reports, Awards And Opinions 2000-1, Eric J. Schmertz Jan 2000

Reports, Awards And Opinions 2000-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of ABC, Incorporated, and Carmel Central School District, among others.


Reports, Awards And Opinions 2000-2, Eric J. Schmertz Jan 2000

Reports, Awards And Opinions 2000-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of The Union Trustees of the NYSA-ILA Pension Trust Fund, The New York Times, members of Local 3 I.B.E.W., among others.


Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi Jan 2000

Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi

Hofstra Labor & Employment Law Journal

No abstract provided.


The Struggle For Human Rights, Harry Wu Jan 2000

The Struggle For Human Rights, Harry Wu

Hofstra Labor & Employment Law Journal

No abstract provided.


Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard Jan 2000

Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard

Hofstra Labor & Employment Law Journal

No abstract provided.


Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris Jan 2000

Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris

Hofstra Labor & Employment Law Journal

This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …


The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin Jan 2000

The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black Jan 2000

The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black

Hofstra Labor & Employment Law Journal

No abstract provided.


An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner Jan 2000

An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner

Hofstra Labor & Employment Law Journal

No abstract provided.


"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner Jan 2000

"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner

Hofstra Labor & Employment Law Journal

No abstract provided.


Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller Jan 2000

Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller

Hofstra Labor & Employment Law Journal

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …


State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher Jan 2000

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.


Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly Jan 2000

Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco Jan 2000

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.


The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile Jan 1999

The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile

Hofstra Labor & Employment Law Journal

No abstract provided.


Foreward: Discipline In Professional Sports, Alfred G. Feliu Jan 1999

Foreward: Discipline In Professional Sports, Alfred G. Feliu

Hofstra Labor & Employment Law Journal

No abstract provided.


Some Keys To The Nba Lockout, Grant M. Hayden Jan 1999

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …


Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager Jan 1999

Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager

Hofstra Labor & Employment Law Journal

No abstract provided.


Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly Jan 1999

Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin Jan 1999

Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …


Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg Jan 1999

Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg

Hofstra Labor & Employment Law Journal

No abstract provided.


Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin Jan 1999

Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band Jan 1999

The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band

Hofstra Labor & Employment Law Journal

No abstract provided.


Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen Jan 1999

Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen

Hofstra Labor & Employment Law Journal

No abstract provided.


The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien Jan 1999

The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …


Labor Law And The Sports Industry, Robert D. Manfred Jr. Jan 1999

Labor Law And The Sports Industry, Robert D. Manfred Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.


The Perception And Reality Of Discipline In Sports, Gene Orza Jan 1999

The Perception And Reality Of Discipline In Sports, Gene Orza

Hofstra Labor & Employment Law Journal

No abstract provided.


Discipline In Sports, George Nicolau Jan 1999

Discipline In Sports, George Nicolau

Hofstra Labor & Employment Law Journal

No abstract provided.