Labor And Employment Law,
2017
Mercer University School of Law
Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler, Patricia-Anne Upson
Mercer Law Review
This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2016 to December 21, 2016.1 This Article will focus on case law concerning laws enforced by the United States Department of Labor and the National Labor Relations Board. The following is a discussion of those opinions.
From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel,
2017
Israeli Supreme Court
From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel, Isaac Amit
Cardozo Journal of International and Comparative Law
The article explores the development and application of constitutional rights in Israel, emphasizing the unique challenges faced by the Israeli Supreme Court due to the absence of a formal constitution. It highlights how the judiciary has played a pivotal role in shaping constitutional rights through the interpretation of Basic Laws and common law, while navigating the complexities of Israel's multicultural and often polarized society. The analysis underscores the use of comparative law and the balancing of individual rights against state interests, particularly in matters of security and social welfare.
Employer Beware: Changing The Landscape Of Employment Discrimination Claims At The Summary Judgment Stage,
2017
Mercer University School of Law
Employer Beware: Changing The Landscape Of Employment Discrimination Claims At The Summary Judgment Stage, Matthew Bottoms
Mercer Law Review
In Quigg v. Thomas County School District, the United States Court of Appeals for the Eleventh Circuit changed the summary judgment framework for mixed-motive employment discrimination cases. The ruling in Quigg will affect both employers and employees and will lead to more mixed-motive discrimination claims reaching the jury, rather than being dismissed through summary judgment. The newly-adopted framework takes the burden-shifting standard out of summary judgment, and many commentators consider it a much more plaintiff-friendly framework. Under the new framework, in order to survive a motion for summary judgment on a mixed-motive discrimination claim, all the plaintiff must do …
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements,
2017
Brigham Young University Law School
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review
Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …
Child Labor Trafficking In The United States: A Hidden Crime,
2017
Center for the Human Rights of Children at Loyola University Chicago
Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts Jd
Center for the Human Rights of Children
Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from ”legitimate” work, including among adolescents. This article seeks …
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago,
2017
Brigham Young University Law School
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton
Brigham Young University Education and Law Journal
No abstract provided.
Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?,
2017
Pepperdine University
Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel
The Journal of Business, Entrepreneurship & the Law
The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is beginning to help our college athletes sustain some semblance of a normal life after their playing days are over. Importantly, the rule is merely a …
Employed By An Algorithm: Labor Rights In The On-Demand Economy,
2017
Seattle University School of Law
Employed By An Algorithm: Labor Rights In The On-Demand Economy, Elizabeth J. Kennedy
Seattle University Law Review
This Article analyzes the viability of legislation extending labor rights to workers currently excluded from protection in the on-demand economy. Uber, perhaps the most well-known business operating in the on-demand economy, classifies its drivers as independent contractors, which strips them of federal rights to organize a union. Uber argues that its algorithm-based business model has essentially transformed the employment relationship, suggesting traditional labor laws are no longer necessary. This argument is belied by the economic realities of the workers who make those algorithms possible and profitable. While some prefer working multiple “gigs,” many on-demand workers struggle to piece together full-time …
A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States,
2017
University of Georgia School of Law
A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark
Georgia Journal of International & Comparative Law
No abstract provided.
Employer Liability And Bring Your Own Device: Do Existing Regulations Support Employer Liability For A Compromised Personal Device?,
2017
University of Washington School of Law
Employer Liability And Bring Your Own Device: Do Existing Regulations Support Employer Liability For A Compromised Personal Device?, Beth A. Hutchens
Technology Law and Public Policy Clinic
As employers increasingly permit employees to use their personal devices (known as Bring Your Own Device, or “BYOD”) for business purposes, and as the risk of data exposure continues to rise, the question of how, when, and against whom to attach liability remains in flux. This paper will endeavor to explore employer liability as viewed through the lens of hacked or compromised BYOD devices. The research begins by identifying BYOD as a concept along with the risks and benefits incident to the practice. It then discusses current state and federal data protection regulations. It then explores recurring themes in data …
How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules,
2017
Elisabeth Haub School of Law at Pace University
How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?,
2017
Elisabeth Haub School of Law at Pace University
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from a …
Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma,
2017
Pace University
Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma, Vincent Salminen
Pace Intellectual Property, Sports & Entertainment Law Forum
The current state of affairs in the sport of mixed martial arts (MMA) is overwhelmingly in favor of the companies promoting the fights and not in favor of the athletes actually putting their health and lives at risk. This article looks at the Ultimate Fighting Championship (UFC) and how it classifies its fighters as independent contractors rather than employees, even though it treats the fighters more like employees. This article addresses issues fighters are having with the current classification and then examines how the fighters could be classified as employees. Finally, the article will address what an employee classification would …
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada,
2017
Osgoode Hall Law School of York University
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Articles & Book Chapters
Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where …
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State,
2017
Occidental College
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha
Pace Environmental Law Review
With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states …
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa",
2017
Cleveland-Marshall College of Law, Monte Ahuja College of Business
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Cleveland State Law Review
No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …
Closing The Employment Standards Enforcement Gap, An Agenda For Change,
2017
York University
Closing The Employment Standards Enforcement Gap, An Agenda For Change, Leah F. Vosko, John Grundy, Eric Tucker, Andrea M. Noack, Mary Gellatly, Rebecca Casey, Mark P. Thomas, Guliz Akkaymak, Parvinder Hira-Friesen
Commissioned Reports, Studies and Public Policy Documents
Precarious employment is increasing in Ontario. A growing share of Ontario’s private sector employees earns low wages while a shrinking portion belongs to unions. These trends are fueled by changes in the structure of Ontario’s labour force. In many industries, including accommodation and food services, administrative services, and cleaning, workplaces are being transformed through greater use of contracting out, franchising, and extended supply chains. These ways of structuring work contribute to driving working conditions downward.
Are We All In This Together? Enforcing Class Arbitration Waivers,
2017
University of Missouri School of Law
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Missouri Law Review
Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking down …
Banning The Box In Missouri: A Statewide Step In The Right Direction,
2017
University of Missouri School of Law
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment …
Employee, Volunteer, Or Neither? Proposing A Tax-Based Exception To Flsa Wage Requirements For Nonprofit Interns After Glatt V. Fox Searchlight,
2017
University of Washington School of Law
Employee, Volunteer, Or Neither? Proposing A Tax-Based Exception To Flsa Wage Requirements For Nonprofit Interns After Glatt V. Fox Searchlight, Jane Pryjmak
Washington Law Review
The Fair Labor Standards Act (FLSA) mandates compliance with various requirements, including minimum wages, for individuals classified as “employees.” But courts have grappled with the definition of “employee” for decades. They have struggled to determine whether individuals who are not classified as employees by their employer and are instead labeled “trainees,” “interns,” “externs,” or otherwise must be paid fair wages under the FLSA. This question became more pronounced amid the rise of unpaid internships for students and recent graduates in the post-2008 recession years. In Glatt v. Fox Searchlight, the Second Circuit became the first federal court of appeals …
