The Future: They Will Lead; The Law Will Follow,
2013
Maurice A. Deane School of Law at Hofstra University
The Future: They Will Lead; The Law Will Follow, Robert A. Kearney
Hofstra Labor & Employment Law Journal
No abstract provided.
Pleading Disability After The Adaaa,
2013
Maurice A. Deane School of Law at Hofstra University
Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin
Hofstra Labor & Employment Law Journal
Five years ago, Congress passed the ADA Amendments Act, and amended the definition of disability to reinstate the ADA’s broad scope of coverage, which had been unduly narrowed by the Supreme Court and lower courts for nearly twenty years. Three years ago, the EEOC revised its regulations to clarify that broad scope of coverage. Since then, courts have gone to work interpreting this new scope of coverage. The preliminary results are good, but they could be better.
While the ADAAA made a host of important changes to the ADA’s definition of disability, employee-side lawyers need to do a better job …
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests,
2013
Maurice A. Deane School of Law at Hofstra University
"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson
Hofstra Labor & Employment Law Journal
No abstract provided.
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia,
2013
Maurice A. Deane School of Law at Hofstra University
Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman
Hofstra Labor & Employment Law Journal
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective,
2013
Maurice A. Deane School of Law at Hofstra University
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Hofstra Labor & Employment Law Journal
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining,
2013
Maurice A. Deane School of Law at Hofstra University
Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara
Hofstra Labor & Employment Law Journal
No abstract provided.
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession,
2013
Maurice A. Deane School of Law at Hofstra University
Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz
Hofstra Labor & Employment Law Journal
No abstract provided.
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability,
2013
Maurice A. Deane School of Law at Hofstra University
The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis
Hofstra Labor & Employment Law Journal
No abstract provided.
After Dothard: Female Correctional Workers And The Challenge To Employment Law,
2013
American University Washington College of Law
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective,
2013
U.S. District Court Judge in the Northern District of Iowa
Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett
NYLS Law Review
No abstract provided.
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal,
2013
Associate Dean of Academic Affairs and Professor of Law, The Catholic University of America, Columbus School of Law
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux
NYLS Law Review
No abstract provided.
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment,
2013
Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue
NYLS Law Review
No abstract provided.
“Only Procedural”: Oughts On The Substantive Law Dimensions Of Preliminary Procedural Decisions In Employment Discrimination Cases,
2013
Rose L. Hoffer Professor of Law at Brooklyn Law School
“Only Procedural”: Oughts On The Substantive Law Dimensions Of Preliminary Procedural Decisions In Employment Discrimination Cases, Elizabeth M. Schneider, Hon. Nancy Gertner
NYLS Law Review
No abstract provided.
Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down,
2013
Founder and Principal of the Law Offices of David L. Lee in Chicago, Illinois
Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down, David L. Lee, Jennifer C. Weiss
NYLS Law Review
No abstract provided.
Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases,
2013
Assistant Professor of Law, University of Maryland Francis King Carey School of Law and Director, Center for Dispute Resolution
Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg
NYLS Law Review
No abstract provided.
Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence,
2013
Eric Marshall received his J.D. from New York Law School in May of 2012
Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence, Eric Marshall
NYLS Law Review
No abstract provided.
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor,
2013
New York Law School
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Articles & Chapters
Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …
Who's The Boss? A Distinction Without A Difference,
2013
Barry University School of Law
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Barry Law Review
This case note provides the factual background of Vance v. Ball State and briefly summarizes the legal precedent behind the decision. It analyzes the opinion of the Court, suggesting that the decision severely limited the essential protections against workplace harassment provided by Title VII, consequently making it more difficult for employees to prove employer vicarious liability for workplace harassment.
Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011,
2013
Vanderbilt University Law School
Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow
Vanderbilt Journal of Entertainment & Technology Law
This Article analyzes the National Football League (NFL) and National Basketball Association (NBA) lockouts of 2011, focusing in particular on the role union dissolution played in each work stoppage. Although the existing academic literature had generally concluded that players unions in the four major US professional sports leagues were unlikely to disband during a labor dispute, the unions in both the NFL and NBA elected to dissolve in response to lockouts by ownership. This Article provides an explanation for why the prior literature misjudged the role that union dissolution would play during the 2011 work stoppages. It argues that previous …
Improving Retirement Savings Options For Employees,
2013
University of Connecticut School of Law
Improving Retirement Savings Options For Employees, James Kwak
Faculty Articles and Papers
Americans do not save enough for retirement. One reason is that our retirement savings accounts — whether employer-sponsored defined-contribution plans such as 401(k) plans or individual retirement accounts — are heavily invested in actively managed mutual funds that siphon off tens of billions of dollars in fees every year yet deliver returns that trail the overall market. Under existing law, as interpreted by the courts, mutual funds may charge high fees to investors, and companies may offer expensive, active funds to their employees. This paper argues that the Employee Retirement Income Security Act should be reinterpreted, in light of basic …
