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Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan 2020 Chicago-Kent College of Law

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.


Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin 2020 Chicago-Kent College of Law

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.


Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman 2020 The City University of New York

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.


On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius 2020 Chicago-Kent College of Law

On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius

Chicago-Kent Law Review

No abstract provided.


Short Strikes, Michael M. Oswalt 2020 Northern Illinois University

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.


Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan 2020 Chicago-Kent College of Law

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda 2020 Marquette University Law School

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.


College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada 2020 University of Denver Sturm College of Law

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.


Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates 2020 Cornell Law

Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates

Chicago-Kent Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa 2020 University of North Carolina School of Law

The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa

AI-DR Collection

A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic hiring …


Remote Work As An Accommodation For Employees With Disabilities, Stacy A. Hickox, Chenwei Liao 2020 Maurice A. Deane School of Law at Hofstra University

Remote Work As An Accommodation For Employees With Disabilities, Stacy A. Hickox, Chenwei Liao

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter, 2020 Maurice A. Deane School of Law at Hofstra University

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Mandated Reporter Protections: Missing In Georgia, Micah Barry 2020 Maurice A. Deane School of Law at Hofstra University

Mandated Reporter Protections: Missing In Georgia, Micah Barry

Hofstra Labor & Employment Law Journal

No abstract provided.


Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard 2020 Maurice A. Deane School of Law at Hofstra University

Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard

Hofstra Labor & Employment Law Journal

The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.

This article first describes the history of unionization and outlines the substantive …


Website Compliance With The Ada: The Demand For Legislation And Defenses For Defendants, Victoria Scaglione 2020 Maurice A. Deane School of Law at Hofstra University

Website Compliance With The Ada: The Demand For Legislation And Defenses For Defendants, Victoria Scaglione

Hofstra Labor & Employment Law Journal

No abstract provided.


Setting The Framework For Biometric Privacy Legislation After The "Big Bang" Of Biometrics In The Workplace, Joshua Valentino 2020 Maurice A. Deane School of Law at Hofstra University

Setting The Framework For Biometric Privacy Legislation After The "Big Bang" Of Biometrics In The Workplace, Joshua Valentino

Hofstra Labor & Employment Law Journal

No abstract provided.


You've Been With The Professors: An Examination Of Higher Education Work Stoppage Data: Past And Present, William A. Herbert, Jacob Apkarian 2020 CUNY Hunter College

You've Been With The Professors: An Examination Of Higher Education Work Stoppage Data: Past And Present, William A. Herbert, Jacob Apkarian

Publications and Research

This law review article analyzes work stoppage data in calendar years 2012-2018 involving academic and non-academic employees at higher education institutions. It contextualizes the recent data through a review of the history of unionization and strikes in the field of education along with faculty strike data for the period 1966-1994. The study contributes to the literature concerning unionization and collective bargaining in higher education and will be of value to those who study or are engaged in labor relations at colleges and universities. We find that there was a total of 42 strikes and one lock-out involving faculty, graduate assistants, …


Caught By The Cat’S Paw, Sandra F. Sperino 2020 Brigham Young University Law School

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …


Reputation Systems Bias In The Platform Workplace, E. Gary Spitko 2020 Brigham Young University Law School

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …


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