Succession And Transfer Of Businesses In Canada,
2015
Osgoode Hall Law School of York University
Succession And Transfer Of Businesses In Canada, Eric Tucker, Christopher Grisdale
Articles & Book Chapters
Canada is a liberal market economy and as such the freedom of owners of capital to transfer businesses is not heavily regulated and the rights of workers affected by those transfers are limited. Before discussing those rights some preliminary matters need to be addressed.
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices,
2015
Indiana University Maurer School of Law
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf
Indiana Law Journal
This Article explains how student-athletes already have a significantly influential voice. The Author calls upon his personal experience as a former Division I student-athlete and Chair of the NCAA Division I National Student-Athlete Advisory Committee to show that student athletes are capable of effectuating change by expressing themselves through existing means, rather than unionization.
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks,
2015
Cleveland State University
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors,
2015
Loyola Marymount University and Loyola Law School
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Loyola of Los Angeles Law Review
This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …
Getting Paid In The Naked Economy,
2015
Maurice A. Deane School of Law at Hofstra University
Getting Paid In The Naked Economy, Meredith R. Miller
Hofstra Labor & Employment Law Journal
“It’s the end of work as we know it,” reports consulting firm Accenture in a paper about the “rise of the extended workforce.” (Gartside, Silverstone, Farley & Cantrell, Trends Reshaping the Future of HR: The Rise of the Extended Workforce, at 3 (Accenture 2013). The report predicts that, “[i]n the future, organizations’ competitive success will hinge on...workers who aren’t employees at all.” The legal nature of employment is changing and has been changing for quite some time; fewer and fewer workers are “employees.”
It is not new or novel to recognize that, from a legal perspective, there are many benefits …
A Textualist Approach To Title Vii: Aggrieved Individuals May Bypass The Eeoc,
2015
Maurice A. Deane School of Law at Hofstra University
A Textualist Approach To Title Vii: Aggrieved Individuals May Bypass The Eeoc, Elinor A. Swanson
Hofstra Labor & Employment Law Journal
No abstract provided.
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise,
2015
Maurice A. Deane School of Law at Hofstra University
The Griggs Fable Ignored: The Far-Reaching Impact Of A False Premise, Robert L. Douglas, Jeffrey Douglas
Hofstra Labor & Employment Law Journal
No abstract provided.
Dismantling Social Perceptions & Employment Barriers: Imposing Regulation On Federal Contractors- A Backdoor Approach To Changing America's Hiring Practices For Individuals With Disabilities,
2015
Maurice A. Deane School of Law at Hofstra University
Dismantling Social Perceptions & Employment Barriers: Imposing Regulation On Federal Contractors- A Backdoor Approach To Changing America's Hiring Practices For Individuals With Disabilities, Phylis Sherman
Hofstra Labor & Employment Law Journal
No abstract provided.
Joseph Grodin's Contributions To Public Sector Collective Bargaining Law,
2015
University of Kentucky College of Law
Joseph Grodin's Contributions To Public Sector Collective Bargaining Law, Alvin L. Goldman
Law Faculty Scholarly Articles
The Labor Law Group, established in the early 1950s, is a unique consortium of labor law professors, and usually a practitioner or two, devoted to improving labor and employment law teaching and scholarship. Its primary activities have been publication of course books and sponsorship of conferences on important new developments. All royalty income goes into a trust fund used solely for carrying on the Group's work. By luck more than by merit, I was invited to join the Group around 1969. Because I had practiced labor law for only a few years on the East Coast before entering law teaching …
Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Charlotte Alexander, Anna Haley-Lock, Nantiya Ruan
Scholarly Works
Low-wage, hourly-paid service workers are increasingly subject to employers' "just-in-time" scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet unexpected customer demand, and send workers home early when business is slow. The federal Fair Labor Standards Act, the main guarantor of workers' wage and hour rights, provides no remedy for the unpredictable work hours and income instability caused by employers' last minute call-in and send-home practices. This Article examines two alternative sources of legal protection that have received little attention in the literature on …
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Scholarly Works
No abstract provided.
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Scholarly Works
Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Scholarly Works
Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay expressed …
Postemployment Noncompete Agreements: Why Utah Should Depart From The Majority,
2015
SJ Quinney College of Law, University of Utah
Postemployment Noncompete Agreements: Why Utah Should Depart From The Majority, Christopher Mack
Utah Law Review
A decision by the Utah Legislature to follow California’s statutory scheme on noncompetition law would have a positive impact on the economy. A ban on all postemployment noncompete agreements would strengthen the economy by increasing innovation and healthy competition. Additionally, it would create a more fair and efficient labor market, allowing individuals to reach their employment potential. Finally, abolishing postemployment noncompete agreements would significantly increase the protection to employee rights without harming businesses’ rights to protect its goodwill and trade secrets.
Work Made For Hire – Analyzing The Multifactor Balancing Test,
2015
University of Akron School of Law
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Introduction: War Measures And The Repression Of Radicalism, 1914-1939,
2015
Department of Law, Carleton University
Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie
Articles & Book Chapters
This fourth volume in the Canadian State Trials series, Security, Dissent, and the Limits of Toleration in War and Peace, 1914–1939, brings readers to the period of the First World War and the inter-war years. it follows an approach similar to that of others in the series. the central concern remains the legal responses of Canadian governments to real and perceived threats to the security of the state. the aim is to provide a representative and relatively comprehensive examination of Canadian experiences with these matters, placed in broader historical and comparative context.
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra,
2015
Indiana University Maurer School of Law
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The NLRA system of collective bargaining was born during the industrial age of the early twentieth century. As a result, key terms in the statute such as "employee," "employer," and "appropriate bargaining unit" were first interpreted in the context of long-term employment and large vertically integrated firms that dominated this era. Beginning in the late 1970s, the new information technology wrought a revolution in the organization of production increasing short-term contingent employment and the organization of firms horizontally in trading and subcontracting relationships across the globe. To maintain the relevance of collective bargaining to the modern workplace, the interpretation of …
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic,
2015
University of Richmond
Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein
Richmond Public Interest Law Review
In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …
Working With Cancer: How The Law Can Help Survivors Maintain Employment,
2015
University of Richmond
Working With Cancer: How The Law Can Help Survivors Maintain Employment, Ann C. Hodges
Law Faculty Publications
Advances in cancer treatment are saving lives, but along with the benefits come challenges. Millions of cancer survivors of working age need to support themselves and their families. This Article looks at the impact of cancer on employment starting with the empirical evidence gathered by researchers affiliated with medical centers. This empirical research provides a base, not previously explored in the legal literature, for assessing the existing laws dealing with cancer and employment (or unemployment). Viewing the law through this lens, which reveals the complex relationship between cancer and employment, exposes both the promise and the weakness of existing laws …
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy,
2015
University of Richmond
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges
Law Faculty Publications
The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging …
