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Articles 91 - 120 of 149
Full-Text Articles in Labor and Employment Law
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Campbell Law Review
Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Scholarly Works
No abstract provided.
Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro
Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro
Cleveland State Law Review
This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …
Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman
Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman
University of Arkansas at Little Rock Law Review
No abstract provided.
Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory
Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory
Fordham Urban Law Journal
This Article focuses on Dorothy Day, the famous Catholic social activist, and the Catholic Worker, the newspaper she co-founded in 1933. Specifically, it focuses the 1949 strike by Catholic workers at Calvary Cemetery in Queens, New York City's largest Catholic cemetery. It further examines and the relationships between Day, who supported the strike, and then-Archbishop of New York Francis Spellman, who opposed it. The Article moves beyond this specific incident and examines the example Day and the Catholic Worker provided for people of all faiths, specifically Catholics and their relationship with their Bishop. Finally, the Article seeks to apply the …
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
Journal Articles
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko
Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
A brief overview of findings from the Conversion to Integrated Employment monographs.
Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff
Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff
The Institute Brief Series, Institute for Community Inclusion
Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Scholarly Works
This article discusses insurance coverage of employment discrimination claims under both existing policies and emerging Employment Practices Liability Insurance policies: The first part describes the “three *7 dimensional model” of liability insurance; the second part describes general principles of interpretation as applied by courts to insurance policies; and the third part describes public policy limitations on the interpretation of insurance policies. These first three sections establish the background necessary for analyzing the availability of insurance coverage for employment disputes. The fourth part of the article then analyzes the potential for coverage under standard types of liability insurance, while the fifth …
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Scholarly Works
Assessing the role that Employment Practices Liability Insurance might play in the future requires an understanding of two murky areas of law: employment law and insurance coverage law. In Part I of the Article I discuss the evolution of employer liability for hostile work environment sexual harassment. In Part II of the Article I analyze the consequences for insurance coverage that follow from recognizing that liability for hostile work environment sexual harassment is grounded on negligence principles.
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Scholarly Works
In the past fifteen years there has been substantial insurance coverage litigation as employers have attempted to secure coverage under their liability insurance program for employment-related practices liabilities. In recognition of this significant development of a body of law, and growing out of an American Bar Association Annual Meeting panel discussion in which I participated, the Western New England Law Review published a Symposium in 1996 entitled, Insurance Coverage of Employment Disputes. Employers continue to seek insurance coverage for these liabilities under their traditional liability insurance policies, but the situation has dramatically changed in the past several years. On the …
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Scholarly Works
In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …
Compelling Arbitration Of Claims Under The Civil Rights Act Of 1866: What Congress Could Not Have Intended, Jean R. Sternlight
Compelling Arbitration Of Claims Under The Civil Rights Act Of 1866: What Congress Could Not Have Intended, Jean R. Sternlight
Scholarly Works
The Civil Rights Act of 1866 was a very special statute, designed at minimum to eliminate all "badges and incidents of slavery" and to ensure that the freed slaves would be provided with civil rights equal to those of white persons. Its enforcement depends on the availability of a neutral public system of justice. Private arbitration cannot assure these characteristics. Thus, courts should not enforce agreements to arbitrate future disputes that may arise under this statute. This Article, however, does not argue that arbitration of claims under the Civil Rights Act of 1866 should be prohibited altogether. Disputants who mutually …
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
Journal Publications
In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …
The Burdens Of Benefits, Edward J. Mccaffery
The Burdens Of Benefits, Edward J. Mccaffery
Villanova Law Review (1956 - )
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
The Contingent Employee Benefits Problem, Mark Berger
The Contingent Employee Benefits Problem, Mark Berger
Faculty Works
In the contemporary American workplace, benefits are a critical a component of overall compensation. American workers look to their employers for such non-salary items as retirement programs, health insurance, sick pay, and paid vacations. However, the costs of such benefits have been rising rapidly and employers have sought ways to avoid paying them. Increasingly, employers have been using various techniques to create a pool of contingent workers who, even if they work side-by-side with the employer's traditional employees, nevertheless receive none of the benefits made available to members of the regular workforce. These contingent employee arrangements include utilizing contract workers, …
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
Cleveland State Law Review
The Workplace Religious Freedom Act is the focus of this note. The Workplace Religious Freedom Act represents another Congressional attempt to fortify the "reasonable accommodations" and "undue hardship" standards of Title VII with regard to religious discrimination in the workplace; the WRFA does go in the face of Supreme Court decisions which have narrowed the scope of those standards, eased burdens on employers, and valiantly guarded the citadel of the First Amendment's Establishment Clause. Specifically, this note will analyze the potential constitutional infirmity of the Workplace Religious Freedom Act in light of Establishment Clause jurisprudence and the Court's rather murky …
Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin
Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin
Hofstra Labor & Employment Law Journal
No abstract provided.
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
Hofstra Labor & Employment Law Journal
No abstract provided.
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Hofstra Labor & Employment Law Journal
No abstract provided.
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
The Perception And Reality Of Discipline In Sports, Gene Orza
The Perception And Reality Of Discipline In Sports, Gene Orza
Hofstra Labor & Employment Law Journal
No abstract provided.
Discipline In Sports, George Nicolau
Discipline In Sports, George Nicolau
Hofstra Labor & Employment Law Journal
No abstract provided.
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
Hofstra Labor & Employment Law Journal
No abstract provided.