Labor and Employment Law Commons^™

Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen

West Virginia Law Review

No abstract provided.

Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman

West Virginia Law Review

No abstract provided.

Community Orchards And Food Security In Appalachia, Ursula Ramsey

West Virginia Law Review

No abstract provided.

Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen

Cleveland State Law Review

In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed …

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

West Virginia Law Review

No abstract provided.

Employment Law—Mandatory-Workplace Donning And Doffing—All In A Day's Work: A Review Of Gerber Products Company V. Hewitt, 2016 Ark. 222, 492 S.W.3d 856., Liz Harris

University of Arkansas at Little Rock Law Review

No abstract provided.

Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English

Indiana Law Journal

Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the solution …

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

Ncaa Division I Transfers “Are Now Basically Screwed”: The Battle Against The Ncaa’S Year In Residence Rule In The Seventh Circuit, Joseph W. Schafer

Buffalo Law Review

No abstract provided.

Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker

Articles & Book Chapters

In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity.These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 percent …

Breaking Dichotomies At The Core Of Employment Discrimination Law, William Corbett

Journal Articles

No abstract provided.

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

Vanderbilt Law School Faculty Publications

Substance use disorders, which afflict nearly 8% of the U.S. population,' exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999.2 In 2013 alone, the epidemic imposed an economic burden of over $78.5 billion, including $28.9 billion in spending on health care and substance abuse treatment. These burdens increasingly fall on rural and under-resourced areas, particularly in the Appalachian region. The crisis has evoked a range of policy reforms to prevent addiction, investments in treatment for sufferers, and lawsuits against purveyors of addictive substances.

Collaborative Enforcement, Andrew Elmore

Faculty Scholarship

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations (“PIOs”) as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and 1 by improving …

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa

Faculty Scholarship

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Rape In Context: Lessons For The United States From The International Criminal Court, Caroline Davidson

Cardozo Law Review

The law of rape is getting a rewrite. Domestically and internationally, major efforts are underway to reform rape laws that have failed to live up to their promises of seeking justice for victims and deterring future sexual violence. The cutting edge of international criminal law on rape eschews inquiries into consent and instead embraces an examination of coercion or a coercive environment. By contrast, in the United States, rape reform discussions typically center on consent. The American Law Institute's proposed overhaul of the Model Penal Code's provision on sexual assault carves out a middle ground and introduces, in addition to …

Deconstructing The Dao: The Need For Legal Recognition And The Application Of Securities Laws To Decentralized Organizations, Laila Metjahic

Cardozo Law Review

This Note will begin with background information on the construction of a blockchain and its function in decentralized organizations like the DAO, followed by a discussion on smart contracts and their role in decentralized organizations and the DAO. This Note will then analyze the legal status of partnerships and joint ventures. This Note proposes that the U.S. legal system must clarify the legal status of these organizations and as such should classify the DAO as a general partnership. Assuming the DAO is a general partnership, the question arises as to whether shareholders in the DAO have interests that would be …

Some Issues Of Improving The Labor Law Of The Republic Of Uzbekistan, M.A. Usmanova

Review of law sciences

The article deals with the issues of rest period, basic leave, which are the main types of rest period, the order of their provision for hired workers in labor legislation

Apprenticeship- As A Form Of Vocational Training For Young Women In Student, D.S. Atajanova

Review of law sciences

the article analyzes the legal concept of apprenticeship and labour relationships on apprenticeship contract. Identified the specific features of legal relationship on apprenticeship among women. Attention is paid to the peculiarities of conclusion and termination of apprenticeship contract. Identified gaps in the legislation governing this group of relationships. Investigated the tendencies of development of national labor legislation.

Problems Of Legal Regulation Of Differentiation In The Labor Sphere, Sh.A. Ismailov

Review of law sciences

The article considers the questions of differentiation in the labour sphere, certain categories of employees and regulation peculiarities of their work, and comparative analysis of the differentiation norms of the labour legislation of the Republic of Uzbekistan.