The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate,
2013
FAMU College of Law
The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate, Jonathan Fineman
Journal Publications
This article applies recent "vulnerability" scholarship to employment law issues. A vulnerability approach argues that the autonomous liberal legal subject at the heart of much of political and legal thought fails to capture the material, social, and developmental realities of the human condition and thus should be replaced with a "vulnerable subject." Importantly, and in contrast to the autonomous, independent, and self sufficient abstraction of the liberal legal subject, the vulnerable legal subject is theorized as embodied and as embedded in social contexts. The idea of the vulnerable subject has been described as providing a needed intervention into U.S. policy …
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers,
2013
Maurice A. Deane School of Law at Hofstra University
Same Law, Different Day: A Survey Of The Last Thirty Years Of Wage Litigation And Its Impact On Low-Wage Workers, Nantiya Ruan
Hofstra Labor & Employment Law Journal
There can be little doubt that actions to recover lost wages from employers have increased dramatically in the last thirty years. Since the 1970’s, American workers have become subject to a “24/7 marketplace workweek.” Off-the-clock work, misclassification, contingent jobs, and wage theft have become far more prevalent in the last three decades. A few snapshots in time reflect this trend. In 1997, some 1,600 wage suits were filed in federal court. In 2007, just ten years later, the number of wage suits jumped to 7,310. In just one year, 2006-2007, the number of filed wage cases increased by 73 percent. …
Four Signal Moments In Whistleblower Law: 1983-2013,
2013
Maurice A. Deane School of Law at Hofstra University
Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp
Hofstra Labor & Employment Law Journal
This contribution to the 30th anniversary symposium of the Hofstra Labor and Employment Law Journal identifies four signal legal changes in the law governing whistleblowers between 1983 and 2013. Three of these are well known and easily identified -- the amendments to the federal False Claims Act enacted in 1986, the Sarbanes-Oxley whistleblower protection scheme enacted in 2002, and the Dodd-Frank securities fraud whistleblower bounty program enacted in 2010. Equally important may prove the Deficit Reduction Act of 2005 (actually enacted in 2006), which created an unusual carrot for state law whistleblower reward and protection reform. After discussing the impact …
Then And Now: How Technology Has Changed The Workplace,
2013
Maurice A. Deane School of Law at Hofstra University
Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
Total Recall: The Rise And Fall Of Teacher Tenure,
2013
Maurice A. Deane School of Law at Hofstra University
Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal
Hofstra Labor & Employment Law Journal
No abstract provided.
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce,
2013
Maurice A. Deane School of Law at Hofstra University
Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino
Hofstra Labor & Employment Law Journal
No abstract provided.
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.
