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Full-Text Articles in Labor and Employment Law

A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen Jan 2008

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 Jan 2008

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. Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 …