Labor and Employment Law Commons^™

Retiring Workplace Tortious Interference Claims, Donn C. Meindertsma

Hofstra Labor & Employment Law Journal

No abstract provided.

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.

The Current Status Of D.R. Horton, Pending Appellate Litigation, And Predictions Of Supreme Court Review, Irene A. Zoupaniotis

Hofstra Labor & Employment Law Journal

No abstract provided.

Does Uber Redefine The Firm? The Postindustrial Corporation And Advanced Information Technology, Julia Tomassetti

Hofstra Labor & Employment Law Journal

No abstract provided.

Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis

Hofstra Labor & Employment Law Journal

No abstract provided.

Preemptive Bargaining: The Irs, The Dol, The Nlrb And Overlapping Responsibilities, Sean Ferguson

Hofstra Labor & Employment Law Journal

No abstract provided.

Leaving Labour Law’S Pragmatic And Purposive Fortress Behind: Canadian Union Successor Rights Law As A Case Study, Pascal Mcdougall

Osgoode Hall Law Journal

In this article, I analyze a series of Canadian cases on union successor rights defining the circumstances in which labour rights should be transferred to a successor entity in the context of business sales, restructuring and subcontracting. My analysis casts doubt on a globally influential theory of legal interpretation, which I call the “old legality.” According to this theory, labour law is made not through conventional legal reasoning but through non-legal, pragmatic, and purposive applications of loose industrial relations standards. I claim that the old legality paradigm is analytically inaccurate and has the perverse effect of normalizing the status quo …

Study On Influencing Factors Of Seafarers’ Mental Health And Precautions Of Psychological Diseases And Related Intervention Mechanism Under The Mlc, 2006, Xiaoli Ouyang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Formulating A District Rule And Corresponding Exam Syllabus For Certifying Sand Transportation Seafarers In Guangdong Through Comparison Of Existing District Rules, Tianshu Liu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman

University of Miami Law Review

Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.

This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications & Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the courts, hoping to …

Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft

Labor & Employment Law Forum

No abstract provided.

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar

Labor & Employment Law Forum

No abstract provided.

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.

Vol. 33, No. 3, James Powers

The Illinois Public Employee Relations Report

Police Body Cameras: Do Illinois Public Employers Have a Duty to Bargain over Their Use?, by James Powers

Recent Developments

Labor And Employment Law, W. Jonathan Martin Ii, F. Damon Kitchen, Gary R. Wheeler

Mercer Law Review

This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2015 to December 31, 2015. The following is a discussion of those opinions.