Labor and Employment Law Commons^™

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.

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton

University of Cincinnati Law Review

No abstract provided.

Noncompete Agreements In The U.S. Labor Force, Evan P. Starr, J.J. Prescott, Norman D. Bishara

Articles

Using nationally representative survey data on 11,505 labor force participants, we examine the use and implementation of noncompete agreements and the employee outcomes associated with these provisions. Approximately 18 percent of labor force participants are bound by noncompetes, with 38 percent having agreed to at least one in the past. Noncompetes are more likely to be found in high-skill, high-paying jobs, but they are also common in low-skill, low-paying jobs and in states where noncompetes are unenforceable. Only 10 percent of employees negotiate over their noncompetes, and about one-third of employees are presented with noncompetes after having already accepted job …

Structural Labor Rights, Hiba Hafiz

Michigan Law Review

American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …

The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh

UAEU Law Journal

This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …

Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele

Washington Journal of Environmental Law & Policy

This article analyzes the potential jobs and community health benefits created by a sample Resilient Recovery Portfolio of investments in Washington State. This type of investment mindset can kick-start job growth, shared economic prosperity, cleaner air, and climate-resilient communities, thereby serving as a template for Building Back Better in Washington and elsewhere. A Resilient Recovery Portfolio supports over ten jobs per million dollars invested in clean transportation, forest conservation and ecosystem restoration, clean energy, water and energy efficiency, low carbon agriculture, and sustainable industry programs. By comparison, the state’s ten largest industries support 4.3 jobs per million dollars invested. This …

Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

الحماية القانونية لأجر العامل في القانون الفلسطيني "دراسة مقارنة" د. أنس موسى حسن أبو العون– الباحث/ إبراهيم خالد يحيى

UAEU Law Journal

سعى البحث إلى ضبط دور المشرع الفلسطيني في توفير ضمانات لأجر العامل من زاوية مفهوم الأجر، وذلك من خلال تحديد مفهوم الأجر وما يتبعه من ملحقات في القانون الفلسطيني، حيث حاول البحث في الجزء الأول منه تحديد ما يعد من قبيل الأجر، وما لا يعد كذلك، بغية إسباغ الحماية على ما يدخل في مفهوم الأجر ومشتملاته. فعالج البحث الأجر عن العمل الإضافي ومدى اعتباره جزءاً من الأجر، والحد الأدنى للأجور، ومدى فعالية النصوص القانونية في تحديده ومواكبته للتطورات الاقتصادية، ومعرفة نظرة المشرع الفلسطيني الاجتماعية للأجر لسد حاجة العامل وحاجة أسرته، والتطرق لاستحقاق العامل الأجر دون عمل فعلي، ومناقشة قاعدة عدم …

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …