Labor and Employment Law Commons^™

Considerations For States Planning Personal Reemployment Accounts, Randall W. Eberts, Christopher J. O'Leary

Conference Papers

No abstract provided.

Gavish V. Knesset, Miriam Naor, Yoram Danziger, Elyakim Rubinstein, Uzi Vogelman, Daphne Barak-Erez, Esther Hayut, Neal Hendel

Translated Opinions

Section 4 of the Retirement Age Law, 5764-2004 (hereinafter: the Law) provides that "the age at which an employee can be required to retire because of age is 67 for a man and for a woman". The petitioners challenged the validity of section 4 of the Law, and the hearin focused on the question of whether that statutory provision is constitutional.

The High Court of Justice (per President Naor, Deputy President Rubinstein and Justices Danziger, Vogelman, Barak-Erez, Hayut and Hendel concurring) dismissed the petition, holding:

The Court applies judicial review of the Knesset's primary legislation with restraint and caution. …

Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.

The Catholic Lawyer

No abstract provided.

Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.

Growing Pains: How The North Dakota Supreme Court’S Decision In Baha Petroleum Consulting Corp. V. Job Service North Dakota Fails To Set Precedent In The Booming Oil And Gas Industry, David W. Wilken

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton

Pace Law Review

This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …

Brief In Opposition. City Of Houston V. Zamora, 136 S.Ct. 2009 (2016) (No. 15-868), 2016 U.S. S. Ct. Briefs Lexis 1615, 2016 Wl 1445907, Eric Schnapper, Kim Ogg, Scott Poerschke, Randall L. Kallinen, Robert Mcknight, Jr.

Court Briefs

QUESTIONS PRESENTED (1) Does the liability standard in Staub v. Proctor Hospital, 562 U.S. 411 (2011), apply to retaliation claims under Title VII? (2) Under Staub, where a supervisor for an unlawful purpose has engaged in conduct that was intended to and did in fact cause an adverse employment action, the existence of an independent investigation by other officials does not limit liability unless that investigation reveals a new basis for that adverse action that is “unrelated” to the conduct of the supervisor. The second question presented is: Should the Court overturn the decision in Staub, and hold that an …

Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.

Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan

Washington Journal of Law, Technology & Arts

Non-compete agreements are commonly used in both the United States and China, and are regarded as an important means for employers to prevent employees or rival companies from using valuable trade secrets for competitive purposes. Despite their popularity, however, the enforceability of non-competes in both countries can be difficult to determine. In the U.S., the level to which non-competes are fully enforced varies by jurisdiction. While some state courts apply a “rule of reason,” others, such as California, prohibit non-competes altogether. In contrast, Chinese courts tend to support non-competes. This Article provides a comparative perspective of non-competes in the U.S. …

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.

Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr

Articles

In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

That's Not My Name: An Analysis Of North Carolina Laws Used To Classify Employees And Independent Contractors Of Sharing-Economy Business, Gabriel J. Wright

North Carolina Central Law Review

No abstract provided.

Productivity And Affinity In The Age Of Dignity, Stephen Lee

Michigan Law Review

This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.

Regulating Employment-Based Anything, Brendan S. Maher

Faculty Scholarship

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.

Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and …

Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker

Dalhousie Law Journal

Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …

Joint Employers: The Nevada Casino Operator's Role In Regulating Labor Conditions Of Venue Employees, Mary Tran

UNLV Gaming Law Journal

No abstract provided.