Labor and Employment Law Commons^™

That's Not My Name: An Analysis Of North Carolina Laws Used To Classify Employees And Independent Contractors Of Sharing-Economy Business, Gabriel J. Wright

North Carolina Central Law Review

No abstract provided.

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Productivity And Affinity In The Age Of Dignity, Stephen Lee

Michigan Law Review

This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.

Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr

Articles

In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …

Regulating Employment-Based Anything, Brendan S. Maher

Faculty Scholarship

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.

Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and …

An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown

Maryland Law Review Online

No abstract provided.

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …

Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Labour Standards In International Law: All States Should Have An Obligation To Punish Misconducts Of Multinational Enterprises Under International Customary Law, Andrea Scozzaro

City University of New York Law Review

No abstract provided.

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.

Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili

Touro Law Review

No abstract provided.

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda

Fordham Urban Law Journal

No abstract provided.

Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau

Fordham Urban Law Journal

No abstract provided.

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …

Petition For A Writ Of Certiorari. Flowers V. Troup County School District, 136 S.Ct. 2510 (2016) (No. 15-1144), 2016 Wl 1042969, Eric Schnapper, Ruth W. Woodling

Court Briefs

QUESTION PRESENTED Reeves v. Sanderson Plumbing Products, Inc., held in an action under the Age Discrimination in Employment Act, that a plaintiff may ordinarily prove the existence of an unlawful motive by establishing a prima facie case and demonstrating the falsity of the employer’s proffered explanation for the disputed employment, and that a plaintiff who does so need not also offer some other additional evidence of discrimination. The Eleventh Circuit held in this Title VII action that the existence of an unlawful motive may not be established in that manner; a plaintiff who establishes a prima facie case and the …

The Effect Of Pegram V. Herdrich On Hmo Liability, Dawn Marie Kelly

Touro Law Review

No abstract provided.

The Law Of The Platform, Orly Lobel

Faculty Scholarship

New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …

Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter

Pepperdine Law Review

This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …

Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt

Nevada Supreme Court Summaries

The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.

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.

Contraceptive Coverage Falls, No More: Using Rfra To Limit The Scope Of Religious Challenges To The Aca's Contraceptive Mandate, M. Catherine Norman

Mercer Law Review

Contraceptive coverage is a required part of all new insurance plans under the Patient Protection and Affordable Care Act (ACA), but many employers' are exempt from this requirement. Other employers have challenged the contraceptive requirement on religious grounds. In East Texas Baptist University v. Burwell, the United States Court of Appeals for the Fifth Circuit held as follows: (1) the plaintiffs are either automatically exempt from the contraceptive-coverage mandate or eligible for accommodation upon application; (2) the challenged provisions do not violate rights to religious freedom under the Religious Freedom and Restoration Act (RFRA); (3) RFRA applies only to …

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.

This Is Just Not Working For Us: Why After Ten Years On The Job It Is Time To Fire Garcetti, Jason Zenor

Richmond Public Interest Law Review

In Lane v. Franks, the U.S. Supreme Court held that public employees who give truthful testimony in court are protected so long as it was outside their ordinary job duties. This issue arose after ten years of the Garcetti rule which does not protect employee speech pursuant to their job duties- a nebulous topic in the digital era. In applying Garcetti, lower courts have extended it to include any speech that is a product of job duties, even if it would serve the public interest. In Lane v. Franks, the Court amended the employee speech doctrine to protect …

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

Hofstra Labor & Employment Law Journal

No abstract provided.

Unites States V. Windsor, Obergefell V. Hodges And The Future Of Lgbt Rights In The Workplace, Sarah Wheeler

Hofstra Labor & Employment Law Journal

No abstract provided.