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Articles 241 - 270 of 576
Full-Text Articles in Labor and Employment Law
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
Hofstra Labor & Employment Law Journal
Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Hofstra Labor & Employment Law Journal
No abstract provided.
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
Invasion Of Privacy Liability In The Electronic Workplace: A Laywer's Perspective, Christine E. Howard
Invasion Of Privacy Liability In The Electronic Workplace: A Laywer's Perspective, Christine E. Howard
Hofstra Labor & Employment Law Journal
No abstract provided.
Balancing The Red Cross: An Examination Of Hospital Malpractice And The Nursing Shortage, Lauren Kugielska, Melissa Linker
Balancing The Red Cross: An Examination Of Hospital Malpractice And The Nursing Shortage, Lauren Kugielska, Melissa Linker
Hofstra Labor & Employment Law Journal
No abstract provided.
Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift
Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift
Hofstra Labor & Employment Law Journal
This article discusses the judicial and legislative handling of unreasonable terms in noncompete agreements. Section II provides a brief introduction to employer-employee noncompete agreement analysis and explores the preliminary issue of consideration. Section III analyzes the criteria and differing approaches courts use to determine the validity of a noncompete agreement, including the requirement of an employer’s legitimate business interest and the reasonableness of the occupational limitations as well as the geographic and temporal scope of the agreement. Section IV surveys the current judicial and statutory responses to unreasonable terms in a noncompete agreement. Section V and VI critique the varying …
The Legality Of Using Employee Appearance Policies To Promote Organizational Culture, Dennis R. Kuhn, John A. Pearce Ii
The Legality Of Using Employee Appearance Policies To Promote Organizational Culture, Dennis R. Kuhn, John A. Pearce Ii
Hofstra Labor & Employment Law Journal
No abstract provided.
Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts
Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts
Hofstra Labor & Employment Law Journal
No abstract provided.
More Than Just A Cool T-Shirt: What We Don't Know About Collective Bargaining-But Should-To Make Organizing Effective, Ellen Dannin, Gangaram Singh
More Than Just A Cool T-Shirt: What We Don't Know About Collective Bargaining-But Should-To Make Organizing Effective, Ellen Dannin, Gangaram Singh
Hofstra Labor & Employment Law Journal
No abstract provided.
Educating The Masses: Expanding Title Vii To Include Sexual Orientation In The Education Arena, Sheila Hatami, David Zwerin
Educating The Masses: Expanding Title Vii To Include Sexual Orientation In The Education Arena, Sheila Hatami, David Zwerin
Hofstra Labor & Employment Law Journal
No abstract provided.
Staying Above The Surface- Surface Bargaining Claims Under The National Labor Relations Act, Marc Mandelman, Kevin Manara
Staying Above The Surface- Surface Bargaining Claims Under The National Labor Relations Act, Marc Mandelman, Kevin Manara
Hofstra Labor & Employment Law Journal
No abstract provided.
Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro
Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro
Hofstra Labor & Employment Law Journal
No abstract provided.
Common Sense About Common Claims, David G. Karro
Common Sense About Common Claims, David G. Karro
Hofstra Labor & Employment Law Journal
No abstract provided.
The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman
The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Discharge Of Sexual Harassment Judgments In Bankruptcy Court: An Attempt To Right A "Grave Injustice", David L. Adamson
The Discharge Of Sexual Harassment Judgments In Bankruptcy Court: An Attempt To Right A "Grave Injustice", David L. Adamson
Hofstra Labor & Employment Law Journal
No abstract provided.
Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein
Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein
Hofstra Labor & Employment Law Journal
No abstract provided.
The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss
The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss
Hofstra Labor & Employment Law Journal
Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …
The Creative Necessity Defense, Free Speech, And California Sexual Harassment Law, Thomas D. Brierton, Peter Bowal
The Creative Necessity Defense, Free Speech, And California Sexual Harassment Law, Thomas D. Brierton, Peter Bowal
Hofstra Labor & Employment Law Journal
No abstract provided.
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp
Hofstra Labor & Employment Law Journal
No abstract provided.
Romance In The Workplace: When "Love" Becomes Litigation, Maureen S. Binetti
Romance In The Workplace: When "Love" Becomes Litigation, Maureen S. Binetti
Hofstra Labor & Employment Law Journal
No abstract provided.
The Criminal Element Of Neutrality Agreements, Mark A. Carter, Shawn P. Burton
The Criminal Element Of Neutrality Agreements, Mark A. Carter, Shawn P. Burton
Hofstra Labor & Employment Law Journal
No abstract provided.
An Offer They Can't Refuse: Crafting An Employer's Immigration Compliance Program, John R. Bunker
An Offer They Can't Refuse: Crafting An Employer's Immigration Compliance Program, John R. Bunker
Hofstra Labor & Employment Law Journal
No abstract provided.
Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund
Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund
Hofstra Labor & Employment Law Journal
No abstract provided.
Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson
Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson
Hofstra Labor & Employment Law Journal
A report from the U.S. General Accounting Office recently exposed 463 federal employees with degrees from schools believed to be "diploma mills" - sham schools that sell college degrees to individuals who complete little or no academic work to earn them. This report, along with other investigative work, confirmed the claims of diploma mill operators: their "graduates" have well-paying jobs in all levels of both the public and private sectors, and employers have subsidized the purchase of fake degrees via tuition reimbursement programs. For a growing number of positions, employers prefer college students and graduates over workers with only high …
Mediation Of A Sexual Harassment Claim, Robert Lewis
Mediation Of A Sexual Harassment Claim, Robert Lewis
Hofstra Labor & Employment Law Journal
No abstract provided.
The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood
The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich
Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich
Hofstra Labor & Employment Law Journal
No abstract provided.
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hofstra Labor & Employment Law Journal
No abstract provided.
Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter
Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter
Hofstra Labor & Employment Law Journal
No abstract provided.
Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin
Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin
Hofstra Labor & Employment Law Journal
The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …