Labor and Employment Law Commons^™

Remote Work As An Accommodation For Employees With Disabilities, Stacy A. Hickox, Chenwei Liao

Hofstra Labor & Employment Law Journal

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Mandated Reporter Protections: Missing In Georgia, Micah Barry

Hofstra Labor & Employment Law Journal

No abstract provided.

Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard

Hofstra Labor & Employment Law Journal

The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.

This article first describes the history of unionization and outlines the substantive …

Website Compliance With The Ada: The Demand For Legislation And Defenses For Defendants, Victoria Scaglione

Hofstra Labor & Employment Law Journal

No abstract provided.

Setting The Framework For Biometric Privacy Legislation After The "Big Bang" Of Biometrics In The Workplace, Joshua Valentino

Hofstra Labor & Employment Law Journal

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

The Paper Chase: Should The Principles Of Contract Law Govern Erisa Section 302?, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.

The Goldilocks Approach: Finding The "Just Right" Legal Limit On Nondisclosure Agreements In Sexual Harassment Cases, Rachel S. Spooner

Hofstra Labor & Employment Law Journal

No abstract provided.

Investigative Reports: What Are They Worth Before A Labor Arbitrator?, Harvey M. Shrage, Curt L. Hamakawa

Hofstra Labor & Employment Law Journal

No abstract provided.

Abused In The Pursuit Of A Dream: How Usa Gymnastics Failed To Protect Its Gymnasts, Alexandra Raso

Hofstra Labor & Employment Law Journal

No abstract provided.

Elimination Of The Nba's "One And Done" Rule Will Open Doors For Potential Incoming Rookies, Armand Magardician

Hofstra Labor & Employment Law Journal

No abstract provided.

The Labor Origins Of Birthright Citizenship, Michael H. Leroy

Hofstra Labor & Employment Law Journal

No abstract provided.

Opposite Sides Of The Same Coin: Worker Classification In The New Economy, Griffin Toronjo Pivateau

Hofstra Labor & Employment Law Journal

Massive changes have disrupted the institution of employment. The growth of the service sector, technological advancements, and developments in the finance market have created a demand for new employment models. Employers have responded by increasingly utilizing independent contractors to fill positions traditionally held by employees.

Designating a worker as either "employee" or "independent contractor" determines the degree to which employment law applies to the worker. An independent contractor falls outside many of the benefits and protections that the law provides employees. Currently, courts, states, and administrative agencies use a confusing array of employment tests, created for different purposes and different …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Student Evaluations Of Teaching: An Unlawful Barrier To Women's Professional Advancement In Australian Universities, Britt P. Tevis, K. E. Powell

Hofstra Labor & Employment Law Journal

No abstract provided.

Where The Law Ends - Part 2: A Ceremonial Approach To The Interpretation Of Collective Bargaining Agreements In Tackett And Reese, Roger J. Mcclow

Hofstra Labor & Employment Law Journal

No abstract provided.

The Inclusion Rider: Constitutional Analysis And Practical Application Of Demanding Diversity Throughout Hollywood, Jonathan Cappiello

Hofstra Labor & Employment Law Journal

No abstract provided.

Ban The Box: Breaking Barriers To Employment In The Private Sector, Melissa Pascualini

Hofstra Labor & Employment Law Journal

No abstract provided.

Will The Smoke Blow Over: Employers' Concerns As States Expand Protections For Medical Marijuana Users, Stephanie Speirs

Hofstra Labor & Employment Law Journal

No abstract provided.

Undermining Worker Safety And Health Protection Through Statutory Interpretation, James A. Gross

Hofstra Labor & Employment Law Journal

No abstract provided.

Public Employees' First Amendment Speech Rights In The Social Media World: #Fire Or #Fire-D, Thalia Olaya

Hofstra Labor & Employment Law Journal

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Protecting Police Applicants From Disability Discrimination Under The Americans With Disabilities Act, Thomas R. Smith Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Uber Everywhere; But Where Is The Driver's Destination In New York, Alexander M. Tait

Hofstra Labor & Employment Law Journal

No abstract provided.

Measuring Arbitration's Effectiveness In Addressing Workplace Harassment, Stacy A. Hickox, Michelle Kaminski

Hofstra Labor & Employment Law Journal

The damage caused by workplace harassment for both targets and the employer calls for a fresh look at how harassment should be addressed in American workplaces. This study analyzes both judicial review of employers' responses to harassment and arbitration awards resolving grievances filed by alleged harassers to resolve the question of how employers should respond to alleged workplace harassment. The viability of arbitration as an alternative to the court's mandate to exercise reasonable care is particularly important given the pervasiveness of both harassment and arbitration programs. Awards reviewing discipline imposed on alleged harassers under the just cause standard demonstrate how …

Total Eclipse Of The Court: Janus V. Afscme, Council 31 In Historical, Legal, And Public Policy Contexts, Sarah W. Cudahy, William A. Herbert, John F. Wirenius

Hofstra Labor & Employment Law Journal

The article examines the historical rise and institutionalization of the agency shop in public sector labor relations and its sudden fall in the Supreme Court’s Janus v. AFSCME, Council 31 decision. The authors demonstrate that the rapid rise of public sector unionism took place during a period when most state laws did not require or even permit the agency shop. We also explore the history of the agency shop in New York including the leading role New York City government played in advocating in Albany for legal changes to permit the agency shop to be negotiated. The article then describes …

Jerome Lefkowitz: A Pragmatic Intellect And Major Figure In Taylor Law History, William A. Herbert

Hofstra Labor & Employment Law Journal

This article examines the professional career of Jerome Lefkowitz, a central figure in the history of the Taylor Law, New York's public sector collective bargaining statute. Mr. Lefkowitz helped draft the Taylor Law, and served as the first Deputy Chairperson of the New York State Public Employment Relations Board (PERB) from 1967 until 1986, and the agency's fifth Chairperson from 2007 until 2015. PERB is the state agency responsible for administering the provisions of the Taylor Law. Between his two tenures at PERB, Mr. Lefkowitz was Deputy Counsel for the Civil Service Employees Association, Local 1000, AFL-CIO. The article examines …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

The Taylor Law At 50, John F. Wirenius

Hofstra Labor & Employment Law Journal

No abstract provided.