Labor and Employment Law Commons^™

Hybrid Federalism And The Employee Right To Disconnect, Paul M. Secunda

Pepperdine Law Review

The federal Occupational Safety and Health Administration (OSHA) administers specific workplace and health standards that generally and expressly preempt the entire field of workplace safety and health law. However, where such federal OSHA standards do not exist or states have developed their own approved OSHA plans, OSHA does not merely set a regulatory floor either. A type of “hybrid federalism” has been established, meaning a strong federal-based field preemption approach to labor and employment law issues, but tied to a conflict preemption approach. Applying this hybrid preemption approach to the employee right to disconnect problem provides the best opportunity to …

Drug And Alcohol Abuse In Mining: An Employer's Dilemma, Barbara L. Krause

Journal of Natural Resources & Environmental Law

No abstract provided.

Current Issues In The Law Of Discrimination And Miners' Rights Under The Federal Mine Safety & Health Act Of 1977, Thomas C. Means

Journal of Natural Resources & Environmental Law

No abstract provided.

The Voluntary Work Program: A Discussion On Minimum Wage For Civil Immigration Detainees, Rita Cinquemani

Hofstra Labor & Employment Law Journal

No abstract provided.

Protecting The Rights And Wellbeing Of People With Disabilities During The Covid-19 Pandemic, Elizabeth Pendo

Chapters in Books

The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 (Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application …

Collective Representation And Bargaining For Self-Employed Workers: Final Report, Sara Slinn

Commissioned Reports, Studies and Public Policy Documents

This report seeks to identify and discuss feasible models for collective representation and bargaining for self-employed contractors in the federal jurisdiction. The term “self-employed contractors” refers to workers who would be classified as “independent contractors” under the Canada Labour Code (CLC) Part I and, consequently, be excluded from the ambit of CLC collective representation and bargaining provisions. The study utilizes fieldwork, in the form of interviews and focus group discussions, in four sectors of interest, namely, road transportation, broadcast media, technology, and telecommunications, in order to explore and assess potential models for statutory collective representation and bargaining for self-employed workers. …

The Human Capital Management Movement In U.S. Corporate Law, George S. Georgiev

Articles

Corporations cannot exist without workers, yet workers are not part of the formal or informal governance structures established by U.S. corporate law. Commentators and policymakers have bemoaned this state of affairs for decades, to little avail. Since the mid-2010s, however, a concept related to workers, human capital management (HCM), has become an increasingly prominent part of U.S. corporate governance. HCM is premised on the notion that workers can be viewed as "assets" and ought to be managed just as carefully as firms manage physical and capital assets. In practice, HCM is an expansive concept that has been used to refer …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Deputizing The Frontline: Enforcing Workplace Rights In A Post-Pandemic Economy, Elizabeth J. Kennedy

Hofstra Labor & Employment Law Journal

The COVID-19 pandemic exploded against a backdrop of federal retrenchment and repeal of workplace rights and protections for frontline workers, casting a spotlight on systemic racial inequity. While states and cities emerged as the last line of defense for wage standards in the United States, the sweeping application of mandatory arbitration agreements and restrictions on class actions makes enforcing those new rights difficult, if not impossible. A forecasted post-pandemic recession will further undermine the ability of workers to advocate for higher wages and diminish the capacity of enforcement agencies to combat wage theft. Given the enormity of this crisis, any …

Can Millennials Deliver On Equal Pay? Why The Time Is Finally Right For Pay Transparency, Susan R. Fiorentino, Sandra M. Tomkowicz

Hofstra Labor & Employment Law Journal

No abstract provided.

"I Know It When I See It": The Nlrb's Glaring Inconsistencies When Classifying Workers, Hunter Igoe

Hofstra Labor & Employment Law Journal

No abstract provided.

On The Waterfront: Dissecting The Scope Of Erisa Section 510, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.

Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes And Practices With The Times, Kelly Breslauer

Hofstra Labor & Employment Law Journal

No abstract provided.

J Mich Dent Assoc March 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Vaccination by Dentists: Integrating Vaccination into Dental Practice”.
• A feature article on “Creating Opportunities for HPV Awareness and Prevention in Dental Health Care Settings”.
• The feature article, “MDA Legislative Advocacy 2021: What We’ve Done and What’s to Come”.
• “How COVID-19 Has Impacted Michigan Dentists”, a feature article.
• News you need, Editorial and …

Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien

William & Mary Business Law Review

Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may violate employer civility rules and/or equal employment opportunity laws. Important interests are at stake, including for employers to maintain a safe, discrimination-free workplace; and for employees to exercise their right to communicate about workplace matters. This Article analyzes recent cases on the question when offensive employee …

Labor Strike From The Perspective Of Jurisprudence (Fiqh) And Law, Hassan Mohammed Al-Rifai

UAEU Law Journal

This thesis is about thelabor strike in terms of the jurisprudence and law. It includes the following topics:  To define of the “labor strike” in terms of its jurisprudential and legal concept and adaptation.  To set forth the effects of the “labor strike” in terms of law on both, labor contract signed between the striking workers and their employer, and the employer’s obligations towards his customers.  To display and discuss the Islamic jurisprudence’s attitude towards the “labor strike” through indicating the opinion of a group of contemporary scholars who allows labor strike.  Then, to display and …

Nothing Is Inevitable: A Rejection Of The Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Jacqueline R. Mancini

St. John's Law Review

(Excerpt)

Until June 2013, Manish Desai worked for Molon Motor and Coil Corporation (“Molon”) as Head of Quality Control. In June of that year, Desai left Molon to take a position with a competitor of Molon, Nidec Motor Corporation (“Nidec”). Molon brought suit against Nidec for trade secret misappropriation and alleged that Desai copied confidential information onto a flash drive before his departure. Based on these allegations, Molon argued not only that Desai unlawfully disclosed its trade secrets but also that “Nidec used and continues to use that information.” Molon brought suit under the federal Defend Trade Secrets Act and …

As Society Strives For Reduced Contact During The Pandemic, How Can Human Microchipping Help?, Nanci K. Carr

Villanova Law Review (1956 - )

No abstract provided.

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Shut Up And Pitch: Major League Baseball's Power Struggle With Minor League Players In Senne V. Kansas City Royals Baseball Corp., Bernadette Berger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.