Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor unions (37)
- Industrial relations (36)
- Discrimination in employment (30)
- Collective bargaining (24)
- Labor arbitration (24)
-
- Labor laws & legislation (20)
- Discrimination against people with disabilities in employment (19)
- Sexual harassment (19)
- Sex discrimination in employment (14)
- Sports (11)
- Unfair labor practices (10)
- United States. National Labor Relations Board (10)
- Age discrimination in employment (9)
- Employment at will (9)
- Homophobia (9)
- Labor contract (8)
- Race discrimination in employment (8)
- Comparative law (7)
- Mediation (7)
- Strikes & lockouts (7)
- Disparate impact (Law) (6)
- Employees (6)
- Employment (6)
- Hostile work environment (6)
- International trade (6)
- Law -- Interpretation & construction (6)
- North American Free Trade Agreement (NAFTA) (6)
- Burden of proof (5)
- Employee fringe benefits (5)
- Employee fringe benefits -- Law & legislation (5)
- Publication Year
Articles 271 - 300 of 576
Full-Text Articles in Labor and Employment Law
Labor-Management Relations During The Clinton Administration, Robert B. Moberly
Labor-Management Relations During The Clinton Administration, Robert B. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Hofstra Labor & Employment Law Journal
Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …
Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff
Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff
Hofstra Labor & Employment Law Journal
No abstract provided.
The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper
The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper
Hofstra Labor & Employment Law Journal
No abstract provided.
Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher
Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher
Hofstra Labor & Employment Law Journal
Former Supreme Court plaintiff Beth Ann Faragher ruminates on the circumstances that led to the Supreme Court's landmark decision in Faragher v. City of Boca Raton. For Ms. Faragher, the case was about much more than the monetary issue involved, specifically whether she should have been awarded $1.00 under Title VII. The case became, in her words, "a national issue of human dignity and civil rights."
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Drawing The Line After Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies For Protecting Undocumented Workers In The Title Vii Context And Beyond, Christopher Ho, Jennifer C. Chang
Hofstra Labor & Employment Law Journal
This article examines two ways in which the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board should be construed narrowly. First, Hoffman's analysis - grounded in the specific purposes of the NLRA and the limited competence of the NLRB to referee apparent conflicts with other laws - cannot be fungibly imported into other statutory schemes. Second, Hoffman does not give license to defense counsel to utilize intrusive and threatening discovery tactics as a means of coercing withdrawals of claims or dismissals of plaintiffs, inasmuch as it does not address how, or even whether, discovery …
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Hofstra Labor & Employment Law Journal
Professor Hodges discusses the 2004 decision of the National Labor Relations Board in IBM Corp., and how this decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to right under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. …
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Are We There Yet? Forty Years After The Passage Of The Civil Rights Act: Revolution In The Workforce And The Unfulfilled Promises That Remain, Thomas H. Barnard, Adrienne L. Rapp
Hofstra Labor & Employment Law Journal
This Article provides an overview of the evolutionary developments in employment law, placed in the context of Title VII jurisprudence, with an eye toward whether we have achieved the lofty goals embodied in that legislation. Statistics covering discrimination incidents and charges filed with the EEOC are examined to trace the impact that anti-discrimination efforts have had on employment opportunities in this country. Through anecdotal evidence of the employment discrimination faced by Americans in each decade, this piece assesses the legal and social changes promised by the Act. The changes resulting from the enforcement of Title VII prohibitions are examined by …
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Summary Judgment Benchmarks For Settling Employment Discrimination Lawsuits, Vivian Berger, Michael O. Finkelstein, Kenneth Cheung
Hofstra Labor & Employment Law Journal
No abstract provided.
How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry
How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry
Hofstra Labor & Employment Law Journal
This Article, which is part of a symposium on the 40th Anniversary of Title VII appearing in the Hofstra Labor and Employment Law Journal, evaluates the progress of women in the workforce by critically analyzing the musical "How to Succeed in Business Without Really Trying." Written in the early 1960s and made into a 1967 movie, How to Succeed follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. It also includes the sexual exploits of the exclusively male executive corps among the female …
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Why The Eeoc (Still) Matters, Anne Noel Occhialino, Daniel Vail
Hofstra Labor & Employment Law Journal
Co-authored by two attorneys in the Office of General Counsel at the Equal Employment Opportunity Commission, this article first traces the history of the EEOC, which shares the same birthday as Title VII, with a focus on the Commission's charge processing, investigation, conciliation and litigation practices against private employers. Next, the article describes the Commission's current charge-processing system and litigation practice. Finally, the authors explore the question of whether the EEOC still matters forty years after Title VII's enactment.
Fundamental Rights At Work And The Law Of Nations: An American Lawyer's Perspective, William B. Gould Iv
Fundamental Rights At Work And The Law Of Nations: An American Lawyer's Perspective, William B. Gould Iv
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction, Ruth Bader Ginsburg
Introduction, Ruth Bader Ginsburg
Hofstra Labor & Employment Law Journal
Justice Ginsburg introduces this special symposium edition of the Hofstra Labor & Employment Law Journal in commemoration of "The 40th Anniversary of Title VII of the Civil Rights Act of 1964."
Price Waterhouse V. Hopkins: A Personal Account Of A Sexual Discrimination Plaintiff, Ann Hopkins
Price Waterhouse V. Hopkins: A Personal Account Of A Sexual Discrimination Plaintiff, Ann Hopkins
Hofstra Labor & Employment Law Journal
Former Supreme Court plaintiff Ann Hopkins ruminates on the circumstances that led to the Supreme Court's landmark decision in Price Waterhouse v. Hopkins. She writes about why the case succeeded, what happened after she returned to Price Waterhouse, and what changed for her after the litigation. A fascinating account, she ends her piece by offering advice to those who seek to combat workplace discrimination.
Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton
Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton
Hofstra Labor & Employment Law Journal
Professor Belton discusses the story of the campaign that led to the Supreme Court's decision in Griggs v. Duke Power Co., a story in which he played a major role. His piece identifies the genesis of the disparate impact theory, discusses its subsequent dismantling, examines its revival in the Civil Rights Act of 1991, and comments upon its impact and future.
Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner
Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner
Hofstra Labor & Employment Law Journal
Professor Turner's article focuses on judicial lawmaking and policy-making in an important area of antidiscrimination law - the statutory prohibition of workplace sexual harassment found in Title VII. The article highlights the ways in which the Supreme Court's interpretation and application of Title VII's ban on sex discrimination are contrary to, and fly in the face of the judges-should-make-no-law axiom.
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy
Hofstra Labor & Employment Law Journal
The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky
Hofstra Labor & Employment Law Journal
No abstract provided.
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi
Hofstra Labor & Employment Law Journal
No abstract provided.
The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver
The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver
Hofstra Labor & Employment Law Journal
Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to determine how best to organize these workers, and this Committee ultimately withdrew from the AFL and formed the Congress of Industrial Organizations. The CIO unions quickly organized the industrial workers in the steel, automobile, electrical manufacturing, and rubber industries. By the late 1950s, 35 percent of private sector employees were union members. As the United States economy began …
The Historical Misconception Of Right To Work Laws In The The United States: Senator Robert Wagner, Legal Policy, And The Decline Of American Unions, Raymond L. Hogler
The Historical Misconception Of Right To Work Laws In The The United States: Senator Robert Wagner, Legal Policy, And The Decline Of American Unions, Raymond L. Hogler
Hofstra Labor & Employment Law Journal
No abstract provided.
Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes
Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina
Hofstra Labor & Employment Law Journal
No abstract provided.
Whistler's Nocturne In Black And Gold-The Falling Rocket: Why The Sarbanes-Oxley Whistleblower Provision Falls Short Of The Mark, John B. Chiara, Michael D. Orenstein
Whistler's Nocturne In Black And Gold-The Falling Rocket: Why The Sarbanes-Oxley Whistleblower Provision Falls Short Of The Mark, John B. Chiara, Michael D. Orenstein
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction, James A. Garland
Introduction, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
Hofstra Labor & Employment Law Journal
No abstract provided.
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Hofstra Labor & Employment Law Journal
No abstract provided.
Guilty As Charged, Jay Hatheway
Guilty As Charged, Jay Hatheway
Hofstra Labor & Employment Law Journal
No abstract provided.
Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli
Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli
Hofstra Labor & Employment Law Journal
No abstract provided.