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The Right To Dine: Why New York City's Restaurant Culture Is Worth Saving, Evelyn Baert 2021 Benjamin N. Cardozo School of Law

The Right To Dine: Why New York City's Restaurant Culture Is Worth Saving, Evelyn Baert

Cardozo International & Comparative Law Review

The note argues that New York City's restaurant culture, akin to Paris's, holds significant cultural and economic value and should be preserved through comprehensive government relief measures. It advocates for adopting a French-inspired approach to economic aid, emphasizing the importance of restaurants as social and cultural hubs beyond mere economic entities.


Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner 2021 Benjamin N. Cardozo School of Law

Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner

Cardozo International & Comparative Law Review

The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.


Becoming Visible, Jennifer B. Shinall 2021 Vanderbilt University Law School

Becoming Visible, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

This Article will consider the consequences of a large number of workers making their health conditions known to their employers during the pandemic. Becoming visible will likely have short-term costs for both employers and employees-—in terms of health-status discrimination, privacy, and administrative burdens. Nonetheless, this Article will ultimately argue that becoming visible also has a major benefit: improved information flow between employers and employees. Although the long-run cost-benefit analysis of increased health-status visibility during the pandemic remains to be seen, increased visibility ultimately has the potential to improve the employer-employee relationship.


Contra Publius: The House As Cure For The Complaisance And Venality Of The Senate, Sam Solomon 2021 Yeshiva University, Cardozo School of Law

Contra Publius: The House As Cure For The Complaisance And Venality Of The Senate, Sam Solomon

Cardozo Law Review

No abstract provided.


Employers’ Secret Weapon: How The After-Acquired Evidence Doctrine Allows Employers To Get Away With Disability Discrimination, Emma Schwab 2021 Benjamin N. Cardozo School of Law

Employers’ Secret Weapon: How The After-Acquired Evidence Doctrine Allows Employers To Get Away With Disability Discrimination, Emma Schwab

Cardozo Law Review

No abstract provided.


Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William R. Corbett 2021 Paul M. Hebert Law Center of Louisiana State University

Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William R. Corbett

Cardozo Law Review

No abstract provided.


Court Packing Is A Chimera, Brian L. Frye 2021 University of Kentucky College of Law

Court Packing Is A Chimera, Brian L. Frye

Cardozo Law Review

The dream of the 1930s is alive in Washington. Democrats see Republicans hemorrhaging voters as Trump struggles with the economy and the pandemic and are salivating at the prospect of retaking not only the White House, but also the Senate. Of course, you should never sell a bearskin until you’ve caught the bear. But even a blowout victory can’t get Democrats the prize they really want, a Supreme Court majority. So, in back-to-the-future fashion, many progressives are pushing the idea of court packing. After all, in politics, rules are made to be broken.


A Democratic View Of Public Employee Speech Rights, R. George Wright 2021 Indiana University School of Law--Indianapolis

A Democratic View Of Public Employee Speech Rights, R. George Wright

Catholic University Law Review

The question of the scope of public employee free speech rights is of obvious importance. Such cases are frequently litigated. The speaker's continuing employment is commonly at stake. The appropriate functioning of the government agency may be at issue as well. But government agencies are intended to operate not only with internal efficiency but with proper accountability to the public. And such accountability requires an appropriate degree of agency openness, transparency, and meaningful disclosure on publicly significant matters. Adequately assuring the democratic accountability of government agencies, it turns out, requires greater protection of public employee speech than is currently available.


Taxation Of Long-Term Unemployment In The Digital Economy: Facing The Twenty-First Century Challenges, Limor Riza 2021 The Catholic University of America, Columbus School of Law

Taxation Of Long-Term Unemployment In The Digital Economy: Facing The Twenty-First Century Challenges, Limor Riza

Catholic University Law Review

The article examines the policy of taxing long-term unemployment. We claim that tax systems should not tax the unemployed regardless of whether they reenter the labor market. Unemployment is a socioeconomic problem. The fear of expanding unemployment increases due to COVID-19 that shut down large sectors of the economy for a long period and also due to the digital economy. As early as the 1930s, Keynes expressed his fear of the economic challenges his grandchildren's generation would face, coining the term "technological unemployment." Several contemporary economists substantiate this fear by showing that some occupations are bound to disappear. Unemployment insurance …


Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid, Kim A. Aquino 2021 Brooklyn Law School

Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid, Kim A. Aquino

Brooklyn Law Review

The rapidly aging population, along with the demand for innovative Medicare delivery models such as bundled payment programs have incentivized the use of technology in healthcare because of its potential to cut costs and improve quality of care. Like many industries embracing technological strides to automate and digitize services, the healthcare industry has welcomed new labor markets like the platform economy to facilitate connections between patients and workers with ease. Along with streamlining connections, the platform economy also promises workers flexibility and autonomy over their own schedule. The platform economy’s promise of freedom, however, is not enough to prevent the …


An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher 2021 Brooklyn Law School

An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher

Brooklyn Law Review

Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However, upon closer …


Federal Court Orders Reinstatement Of Discharged Trans Professor, Arthur S. Leonard 2021 New York Law School

Federal Court Orders Reinstatement Of Discharged Trans Professor, Arthur S. Leonard

Other Publications

No abstract provided.


How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy 2021 Villanova University Charles Widger School of Law

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Villanova Law Review (1956 - )

No abstract provided.


Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi 2021 Pepperdine University

Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi

Journal of the National Association of Administrative Law Judiciary

The inevitable transition to an automation-driven workforce, economy, and society is generating excitement in some and discomfort in others. Researchers have estimated that anywhere between 10—50% of today’s jobs are susceptible to automation. Furthermore, private firms are highly incentivized to adopt new technologies as a way to remain competitive in their respective markets. In anticipation of this potential economic paradigm shift, Congress requested the U.S. Government Accountability Office (GAO) to obtain more ascertainable data as to what is currently understood about how the adoption of advanced technologies will affect the U.S. workforce. Nine months after the report was published, on …


A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas 2021 Pepperdine University

A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California Department …


Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig 2021 University of Arkansas Little Rock

Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig

University of Arkansas at Little Rock Law Review

No abstract provided.


Front Matter, 2021 Maurice A. Deane School of Law at Hofstra University

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Nlrb Jurisdiction Over Charter Schools, David B. Schwartz 2021 Maurice A. Deane School of Law at Hofstra University

Nlrb Jurisdiction Over Charter Schools, David B. Schwartz

Hofstra Labor & Employment Law Journal

No abstract provided.


Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout 2021 University of Michigan Law School

Individuals As "Employees" Or "Contractors": Why It Matters What You Are Called When It Comes To Federal Taxes, Robert Eisentrout

Michigan Business & Entrepreneurial Law Review

When we file federal taxes, our individual tax burdens are affected by whether our employers and the IRS classify us as “employees” or “contractors.” Today, that distinction is not a neat one. Classifying workers as “employees” or “contractors” belies increasing similarities—like the ability to work remotely during the COVID-19 pandemic—between those classifications. With those increasing similarities in mind, this Note makes two arguments about the employee / contractor distinction in federal tax law. First, federal tax law draws an increasingly arbitrary and unfair line between employees and contractors given the modern substantive convergence of work done as an “employee” or …


Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman 2021 Maurice A. Deane School of Law at Hofstra University

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.


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