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Articles 91 - 120 of 673
Full-Text Articles in Labor and Employment Law
The Motive Power In Public Sector Collective Bargaining, Martin H. Malin
The Motive Power In Public Sector Collective Bargaining, Martin H. Malin
Hofstra Labor & Employment Law Journal
In the private sector, George Taylor referred to the strike as providing the “motive power” in collective bargaining. A major reason behind the enactment of public employee collective bargaining laws is to reduce the interruption of public services from job actions. This was the case with the enactment of New York’s Taylor Law.
This paper, written for a conference commemorating the 50th anniversary of the Taylor Law and published in a special issue of the Hofstra Labor and Employment Law Journal focused on the Taylor Law, examines what, in the absence of a right to strike, provides the motive power …
The Acceleration And Decline Of Discord: Collective Bargaining Impasses In New York State, Anthony Zumbolo
The Acceleration And Decline Of Discord: Collective Bargaining Impasses In New York State, Anthony Zumbolo
Hofstra Labor & Employment Law Journal
No abstract provided.
Modernizing Disability Income For Cancer Survivors, Ann C. Hodges
Modernizing Disability Income For Cancer Survivors, Ann C. Hodges
Hofstra Labor & Employment Law Journal
The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …
No Bayesian Solution To The Transposition Fallacy: More Reason To Be Skeptical Of Statistical Proof Of Discrimination, Kingsley R. Browne
No Bayesian Solution To The Transposition Fallacy: More Reason To Be Skeptical Of Statistical Proof Of Discrimination, Kingsley R. Browne
Hofstra Labor & Employment Law Journal
Statistical proof of discrimination often entails comparisons of the demographics of an employer’s work force with that of the relevant labor force. The statistical study yields a “p-value,” and if the p-value is below some pre-specified level, the disparity is deemed “statistically significant.” The p-value is often interpreted as the probability that the observed disparity was obtained by chance, but equating the p-value with the likelihood that chance caused the disparity is an example of the “transposition fallacy.” Recognizing this fallacy, some commentators have suggested the use of Bayesian methods, under which the probability of discrimination is estimated by incorporating …
The Loyal Matchmaker Dilemma: When Staffing Firms Should Pay For The Sins Of Their Client, Matthew B. Seipel
The Loyal Matchmaker Dilemma: When Staffing Firms Should Pay For The Sins Of Their Client, Matthew B. Seipel
Hofstra Labor & Employment Law Journal
This Article recognizes the “loyal matchmaker” dilemma in employment discrimination law. This dilemma exists when a staffing firm complies with or otherwise acquiesces to its client’s unlawful discrimination against its temporary employee not because of that employee’s race, sex, national origin, disability, etc. Rather, it does so because it sees itself as a loyal matchmaker to the client or because of another lawful reason. In these situations, when should the staffing firm be liable?
Employment discrimination law has failed to give a practical, consistent, and flexible liability standard in this context. Generally, courts hold the staffing firm liable only if …
Labor Law, Economic Narrative And Law & Economics: The Method Is The Problem, Sergio Gamonal C.
Labor Law, Economic Narrative And Law & Economics: The Method Is The Problem, Sergio Gamonal C.
Hofstra Labor & Employment Law Journal
No abstract provided.
From The Armed Forces To Unemployment - The United States' Failure To Ensure That Veterans Have The Care They Need And The Benefits That They've Earned, Jennifer Trinkwald Greco
From The Armed Forces To Unemployment - The United States' Failure To Ensure That Veterans Have The Care They Need And The Benefits That They've Earned, Jennifer Trinkwald Greco
Hofstra Labor & Employment Law Journal
No abstract provided.
International Arbitration As A Hurdle For The Promotion Of Labor Standards: Settling Disputes Over The Dispute Settlement Process, Alex Richman Reinauer
International Arbitration As A Hurdle For The Promotion Of Labor Standards: Settling Disputes Over The Dispute Settlement Process, Alex Richman Reinauer
Hofstra Labor & Employment Law Journal
No abstract provided.
A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou
A Facial Reconstruction Of Settlements: Analyzing The Cheeks Decision On Flsa Settlements, Christopher Theodorou
Hofstra Labor & Employment Law Journal
No abstract provided.
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Hofstra Labor & Employment Law Journal
This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …
Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega
Buyer Or Victim Beware?: Successor Liability Doctrine Lacks Proper Protection For Victims Of Discrimination And Sexual Harassment In The Workplace, Jacqueline Vega
Hofstra Labor & Employment Law Journal
No abstract provided.
Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener
Judicial Approval Of Flsa Back Wages Settlement Agreements, Keith William Diener
Hofstra Labor & Employment Law Journal
No abstract provided.
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
Hofstra Labor & Employment Law Journal
No abstract provided.
College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal
College Play And The Flsa: Why Student-Athletes Should Be Classified As "Employees" Under The Fair Labor Standards Act, Geoffrey J. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky
Hofstra Labor & Employment Law Journal
Gobeille v. Liberty Mutual Insurance Co. is the U.S.Supreme Court’s most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court’s literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler’s broader construction of ERISA preemption.
Gobeille held …
All Quiet On The Employment Front: Mandatory Arbitration Under The Userra, Bradford J. Kelley
All Quiet On The Employment Front: Mandatory Arbitration Under The Userra, Bradford J. Kelley
Hofstra Labor & Employment Law Journal
No abstract provided.
Not Every Cloud Has A Silver Lining: The Implications Of Cloud-Based Computing And Bring Your Own Devices On Employee Monitoring And The Dynamic Shift In The Definition Of The Workplace, Ashtyn Hemendinger
Hofstra Labor & Employment Law Journal
No abstract provided.
Taking Care Of The Fmla: Traveling With Family Members Under The Family And Medical Leave Act, Lindsay Korn
Taking Care Of The Fmla: Traveling With Family Members Under The Family And Medical Leave Act, Lindsay Korn
Hofstra Labor & Employment Law Journal
No abstract provided.
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Hofstra Labor & Employment Law Journal
No abstract provided.
Title Ix Sexual Assault Investigations In Public Institutions Of Higher Education: Constitutional Due Process Implications Of The Evidentiary Standard Set Forth In The Department Of Education's 2011 Dear Colleague Letter, Lance Toron Houston
Hofstra Labor & Employment Law Journal
This Article examines the constitutional due process impact of the vastly opposite and conflicting standards of review in Title IX sexual assault investigations. Thousands of unionized public employees are subject to the terms and conditions of a public university collective bargaining agreement, which requires a heightened standard of "clear and convincing evidence" to discipline employees. At the same timeperhaps unknowingly-the employee is also held to the strict federally mandated standard of a "preponderance of the evidence," which has a lower standard of review. In short, under the same facts and within the same Title IX investigation, the employee is subject …
Retiring Workplace Tortious Interference Claims, Donn C. Meindertsma
Retiring Workplace Tortious Interference Claims, Donn C. Meindertsma
Hofstra Labor & Employment Law Journal
No abstract provided.
The Current Status Of D.R. Horton, Pending Appellate Litigation, And Predictions Of Supreme Court Review, Irene A. Zoupaniotis
The Current Status Of D.R. Horton, Pending Appellate Litigation, And Predictions Of Supreme Court Review, Irene A. Zoupaniotis
Hofstra Labor & Employment Law Journal
No abstract provided.
Does Uber Redefine The Firm? The Postindustrial Corporation And Advanced Information Technology, Julia Tomassetti
Does Uber Redefine The Firm? The Postindustrial Corporation And Advanced Information Technology, Julia Tomassetti
Hofstra Labor & Employment Law Journal
No abstract provided.
Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis
Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis
Hofstra Labor & Employment Law Journal
No abstract provided.
Preemptive Bargaining: The Irs, The Dol, The Nlrb And Overlapping Responsibilities, Sean Ferguson
Preemptive Bargaining: The Irs, The Dol, The Nlrb And Overlapping Responsibilities, Sean Ferguson
Hofstra Labor & Employment Law Journal
No abstract provided.
Is Religious Liberty The Ultimate Management Prerogative?: Some Reflections On Pacific Lutheran University And Service Employees International Union, Local 925, David L. Gregory
Is Religious Liberty The Ultimate Management Prerogative?: Some Reflections On Pacific Lutheran University And Service Employees International Union, Local 925, David L. Gregory
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nba's New Media Rights Deal: A Look Into The Multi-Billion Dollar Cause Of What May Become The Next Nba Lockout, Brandon S. Ross
The Nba's New Media Rights Deal: A Look Into The Multi-Billion Dollar Cause Of What May Become The Next Nba Lockout, Brandon S. Ross
Hofstra Labor & Employment Law Journal
No abstract provided.
Piecing Together The Puzzle: Analyzing The Collision Of The Aca And Erisa, Luke Kalamas
Piecing Together The Puzzle: Analyzing The Collision Of The Aca And Erisa, Luke Kalamas
Hofstra Labor & Employment Law Journal
No abstract provided.
Restrictive Covenants Under New York Law: The Court Of Appeals Weighs In On Choice Of Law Provisions And Partial Enforcement, Jyotin Hamid, Tricia Sherno
Restrictive Covenants Under New York Law: The Court Of Appeals Weighs In On Choice Of Law Provisions And Partial Enforcement, Jyotin Hamid, Tricia Sherno
Hofstra Labor & Employment Law Journal
No abstract provided.