Labor and Employment Law Commons^™

Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir

Maine Law Review

The Maine Employment Security Law governs whether one person performing services for another is an independent contractor or an employee for unemployment tax purposes. It requires many employers to pay unemployment taxes on individuals who, under the usual common law rules governing the employer-employee relationship, are independent contractors. This result, caused partly by the structure of the statute and partly by judicial interpretation, has the effect of discouraging business expansion, limiting entrepreneurial opportunities, and ultimately, hampering statewide economic development. This Comment first provides the historical background of unemployment compensation legislation at the federal and state levels. Employer liability and employee/independent …

Treating Employees Like Widgets: The Legal Impact Of Workforce Management Systems On Contingent Workers, Stefanie Brody

Louis Jackson National Student Writing Competition

No abstract provided.

The Impact Of Rfra On Employment Discrimination: Will The Hobby Lobby Decision Erode The Purpose Of Title Vii?, Naomi Bensdorf Frisch

Louis Jackson National Student Writing Competition

No abstract provided.

Vindicating Statutory Employment Rights In The Age Of Mandatory Arbitration: State Attorney General Parens Patriae Litigation As An Alternative To Class Actions, Aaron Bibb

Louis Jackson National Student Writing Competition

No abstract provided.

What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman

Fordham Journal of Corporate & Financial Law

No abstract provided.

2008 Financial Crisis And The Deviation From The Taylor Rule, Uzoma H. Okoye

Honors College Theses

In this paper, we derive possible causes of the 2008 financial crisis, as well as provide evidence of a possible deviation from the Taylor rule by the Federal Reserve. This research draws up mostly primary sources such as published books and speeches by John B. Taylor himself, as well as articles from academic journals related to the topic. Other prior research tends to take a side on the argument as to whether the Federal Reserve deviated or not. This paper serves as a descriptive analysis of different sides of the argument to come up with suggestions regarding the Fed’s actions.

Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel

University of Miami Law Review

Deflategate was one of the most controversial scandals in NFL history, and while many became fascinated due to their love of football, Deflategate was ultimately rooted in law. NFL Commissioner Roger Goodell suspended Tom Brady, the legendary quarterback for the New England Patriots, for four games for engaging in “conduct detrimental to the integrity of and public confidence in the game of professional football.” More specifically, Goodell suspended Brady because he was generally aware of Patriots staff deflating footballs prior to the 2015 AFC Championship game, and because he failed to cooperate with the investigation into the deflated footballs.

Commissioner …

Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein

Journal of Legislation

No abstract provided.

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

Other Publications

Everyone in this audience is well aware of the problems plaguing reiterating. The wealthiest one percent of Americans takes home nearly a quarter of our national income and owns forty percent of the nation's wealth.

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review (2009 - Present)

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for …

Labor-Management Cooperation: Bath Iron Works's Bold New Approach, Jonathan B. Goldin University Of Maine School Of Law

Maine Law Review

An increasing number of employers and unions have found that the best way to compete in the marketplace and secure both profits for the firm and good jobs for workers is through cooperative worker-management relations. As Americans obtain more education, and with the changing nature of some work, employers increasingly find it appropriate to rearrange responsibilities and tasks to employees, who work sometimes as teams and other times as individuals. For their part, more highly educated employees express greater desire to participate in workplace decisions and have the knowledge and competence to undertake more tasks at the workplace. It is …

The Pomegranate Tree Has Smothered Me: International Law, Imperialism & Labour Struggle In Iraq, 1917-1960, Ali Hammoudi

PhD Dissertations

This dissertation delves into the legal and labour history of Hashemite Iraq (c. 1921-1958) to explore the role international law and its institutions played in Iraqs state formation, as well as, the imperial control of the semi-peripheral region of the Middle East. By highlighting the historical specificity of the semi-periphery in international legal history, it shows how Iraq was a laboratory for experimentation with the concept of sovereignty. A unique doctrine of semi-peripheral sovereignty was skillfully developed by the Permanent Mandates Commission of the League of Nations in Geneva and embedded in the 1930 Anglo-Iraq Treaty to ensure Iraqs independence …

Features Of Employment Of Women Residing In Rural Areas, D Atajanova

ProAcademy

This a rticle analyzes n o rm a tive -le g a l sources o f w om en w orkin g in the ru ra l zo ne a n d seasonal works, p ro p o sa ls fo r im pro ving legislation.

F E A T U R E S O F E M P L O Y M E N T O F W O M E N R E S Id In G In R U R A L A R E A S, G Tairova

ProAcademy

The article analyzes the legal, scientific a n d p ra c tic a l o rga n izatio n o f p ro s e c u to ria l inspections.

Features Of Employment Of Women Residing In Rural Areas, D Atajanova

ProAcademy

This a rticle analyzes n o rm a tive -le g a l sources o f w om en w orkin g in the ru ra l zo ne a n d seasonal works, p ro p o sa ls fo r im pro ving legislation.

F E A T U R E S O F E M P L O Y M E N T O F W O M E N R E S Id In G In R U R A L A R E A S, G Tairova

ProAcademy

The article analyzes the legal, scientific a n d p ra c tic a l o rga n izatio n o f p ro s e c u to ria l inspections.

Vol. 35, No. 2, Stephanie Fortado

The Illinois Public Employee Relations Report

Where Do We Go From Here? Martin Luther King, Jr.’s Labor Legacy and the Current Attacks on Public Sector Unions, by Stephanie Fortado

Recent Developments

The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo

Center for Business Research and Development

The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).

On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …

A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson

Masters Theses & Specialist Projects

Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF v. White …