Labor and Employment Law Commons^™

Regulating Compliance Officers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

Compliance officers are currently an unregulated body and, unlike the legal profession, are not subject to any particular set of professional guidelines that guide their behavior. The lack of a distinct compliance officer profession creates risks relating to heightened potential personal liability and the possibility of merging with another profession that is not exactly compatible with the compliance function. To mitigate these risks, this Article proposes the creation of a professional regulatory system for compliance officers that is industry-specific and self-regulated and discusses the various benefits that would stem from such a system.

Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower

Brooklyn Journal of Corporate, Financial & Commercial Law

While there are numerous state NIL (name, image, and likeness) laws protecting student-athletes from economic exploitation, there is no federal law which offers universal protection, nationwide, to student-athletes. State NIL laws offer some protections for student-athletes from exploitation by colleges, universities, and boosters, but there is no protection for student-athletes who sign NIL deals with for-profit third-party businesses. These NIL deals, between the student-athlete and third-party businesses, make up the majority of NIL agreements. Section 6 of the proposed College Athlete Economic Freedom Act (“CAEFA”), titled “Enforcement Provisions,” aims to codify federal protection for student-athletes against colleges, universities, and boosters, …

Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev

Cardozo Law Review

This Article explores the evolution of human capital disclosure—firm-supplied information about various workforce-related matters—as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management (“HCM”) disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors’ oversight responsibilities in a number of areas, including HCM, while labor’s power has unexpectedly increased in some …

“Split My Award With Whom?” A Case For Plaintiff Incentive Awards And Plaintiff-Attorney Fee Splitting In Class Action Lawsuits, Ilana Kruchenetskaya

Cardozo Law Review

Named plaintiffs are the heart of class action lawsuits—without them, there is no class action. To motivate these individuals to be the face of the class and compensate them for their role in the litigation process, courts typically approve named plaintiff incentive awards when such awards are included in settlement offers. Recently, however, the Eleventh Circuit held that these awards are prohibited under purported Supreme Court precedent from the late 1800s. This decision undermines the future of class actions by removing any incentive individuals may have in taking on the extra work and scrutiny of bringing a class action lawsuit. …

Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev

Articles

This Article explores the evolution of human capital disclosure-firm-supplied information about various workforce-related matters-as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management ("HCM") disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors' oversight responsibilities in a number of areas, including HCM, while labor's power has unexpectedly increased in some …

Careers In Labor & Employment Law, Cardozo Labor And Employment Law Society, Troy Kessler, Ilona Ehrlich, Justin Reiter, Robert Rose, Emily Hoffman

2024–2025 Flyers

No abstract provided.

Dejoyful Noise: Reimagining Title Vii Religious Accommodations In The Wake Of Groff V. Dejoy, Mikko Biana

Brooklyn Law Review

The prominence of religion in everyday life has dwindled in recent decades. The number of Americans who attend weekly religious services continues to decline, and wide swaths of the population now profess irreligion altogether. Despite this trend, constitutional mandates such as the Free Exercise and Establishment Clauses remind society that throughout history and into the present day, the relationship between religion and state has been and always will be ripe for discussion. The 2023 Supreme Court decision Groff v. DeJoy exemplifies this characterization. Prior to Groff, the Court primarily relied on a 1977 case, Trans World Airlines, Inc. v. Hardison, …

Power And Finesse: How The United States’ And Australia’S Women’S National Soccer Teams Score For Equal Pay, Arianna Amato

University of Miami International and Comparative Law Review

Over the last fifty years, women’s soccer has emerged as a segment of the sport attracting an audience of all ages, genders, and national origins. Despite its relatively young but dense history, the sport’s following is fun, passionate, and inspiring to both die-hard fans and casual viewers alike. However, with its explosion in popularity comes a corresponding rise in life-altering issues requiring legal solutions. Behind the scenes, these female athletes come together not only over their love of the beautiful game but in confronting similar challenges regarding their employment agreements, which are governed by domestic and international labor law, as …

2024 Esther Clark Moot Court Competition 10-28-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

Egbert V. Boule And The Dwindling Bivens Doctrine, Luke Smith

MC Law Review

No abstract provided.

Introduction Corporate Governance At Work, Claire Hill, Silvie Rohr

Chicago-Kent Law Review

No abstract provided.

Lawyers’ And Law Professors’ Experience With Worker Governance, Brett Mcdonnell

Chicago-Kent Law Review

No abstract provided.

Making Racial Equity Audits Effective, Alvin Velazquez

Chicago-Kent Law Review

No abstract provided.

Interview With David Webber: Reflections On The Past, Present, And Future Of Labor’S Capital, David Webber, Alvin Velazquez

Chicago-Kent Law Review

No abstract provided.

Women And Corporate Governance: Time Horizons And Stakeholder Analysis, June Carbone

Chicago-Kent Law Review

No abstract provided.

Keynote Lecture: Thoughts On Corporate Law And The Problem Of Human Capital, Margaret Blair

Chicago-Kent Law Review

No abstract provided.

Corporate Governance For Platform Workers, Grant M. Hayden, Matthew T. Bodie

Chicago-Kent Law Review

No abstract provided.

Labor Law, Ownership, And The Firm, Sanjukta Paul

Chicago-Kent Law Review

No abstract provided.

Corporate Purpose: A Management Concept And The Role Of Contract Design, Silvie Rohr

Chicago-Kent Law Review

No abstract provided.

The Rhetoric And Reality Of Shareholder Profit Maximization, Claire Hill

Chicago-Kent Law Review

No abstract provided.

Worker Voice In Retirement Plan Governance, Natalya Shnitser

Chicago-Kent Law Review

No abstract provided.

The Human Capital Imperative: How Does Board Governance Need To Evolve?, Mallory Bucher

Chicago-Kent Law Review

No abstract provided.

Reflections On Corporate Governance At Work, Claire Hill

Chicago-Kent Law Review

No abstract provided.

Bostock And The Forgotten Eeoc, Sandra F. Sperino

Faculty Publications

In Bostock v. Clayton County, Georgia, the Supreme Court formally recognized that federal discrimination law prohibits discrimination based on sexual orientation and gender identity. The opinion barely mentioned the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal discrimination law. Reading Bostock, it would be easy to get the impression that the EEOC played little to no role in the outcome. This Essay reclaims and restores the EEOC's role.

In restoring the EEOC's role in this story, two themes emerge. First, Bostock's methodology erases the administrative agency tasked with enforcing Title VII in ways that are inconsistent …

What Standard Of Proof Must Employers Satisfy To Demonstrate The Applicability Of A Fair Labor Standards Act Exemption?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: Employees of E.M.D. Sales, Inc., an international food distributor, sued E.M.D., alleging that it violated the Fair Labor Standards Act (FLSA) when it withheld overtime wages from these employees. As an affirmative defense, E.M.D. asserted that the employees were FLSA‑exempted outside salesmen. This case asks the Court to determine whether employers must use the preponderance-of-the-evidence standard or the clear-and-convincing evidence standard to prove the applicability of an exemption under the FLSA.

Breaking The Chains: Lessons Learned From Anti-Slave Labor Laws And Their Applicability To Proposed Expansions To The Uflpa, Kaitlin Danielle Chang

William & Mary Business Law Review

With global trade growing every day and more products being imported from foreign countries, responsible sourcing of products is more important now than ever. Irresponsible importation of goods can lead to countries like the United States supporting human rights abuses abroad by allowing goods made with forced labor into their domestic markets. The Uyghur Forced Labor Protection Act (UFLPA) has empowered the United States’ Customs and Border Protection to hinder the flow of goods made with Uyghur forced labor into the United States, but it has not been completely successful in preventing these goods from being sold in the United …

Navigating The Technological Wave In Maritime : Examining Safety Culture In The Era Of Sustainability And E-Navigation, Mithilesh Kumar

World Maritime University Dissertations

No abstract provided.

#Employerstoo: Expanding Vicarious Liability For Sexual Harassment In Title Vii And Tort Law, Kassandra "Kassie" Fotiadis

Michigan Law Review

When an individual experiences sexual harassment through a workplace, she has limited options for recourse. One seemingly promising possibility is bringing a claim against her perpetrator’s employer. But this option—achievable through vicarious liability—has failed to realize its potential. In 1998, the U.S. Supreme Court established a standard to enforce vicarious liability for sexual harassment claims under Title VII. That standard, though, was limited in scope to begin with and has further narrowed over time. Common law principles also allow courts to hold employers vicariously liable for sexual harassment in tort. But few jurisdictions have adopted those principles, and there is …

Anti-Discrimination Clauses In Higher Education Collective Bargaining Agreements, William A. Herbert, Erin Ward, Karen Stubaus

Publications and Research

This report presents excerpts from 30 current or recent higher education collective bargaining agreements involving faculty, post-doctoral scholars, or graduate student employees along with hyperlinks to the full agreements. The excerpts are organized by institution and bargaining unit type: combined faculty collective bargaining units; non-tenure track faculty bargaining units; community college faculty bargaining units; post-doctoral scholar and academic researcher bargaining units; and graduate student employee bargaining units.