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Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios and In-House Papers

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn 2020 Osgoode Hall Law School of York University

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

All Papers

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process ...


Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe 2019 Pepperdine University

Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe

The Journal of Business, Entrepreneurship & the Law

This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA ...


Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams 2019 Pepperdine University

Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams

The Journal of Business, Entrepreneurship & the Law

This article first examines the rule adopted by the DOL and the criticism it has drawn. It then assesses the state of the small-group insurance market for small businesses, and the flawed approach that the ACA took to assisting them. Finally it takes a look at the uncertain future for small businesses and health insurance, and it suggests new approaches


Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert 2019 Pepperdine University

Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert

The Journal of Business, Entrepreneurship & the Law

California startups and independent contractors are in desperate need of a lifeline before they are gone for good. This state has long favored the employee over the employer, but the California Supreme Court’s new “ABC” test tips the scales even further by making it practically impossible for startups to compensate their workers. As a remedy, I propose exemptions to the test for sophisticated contractors who do not need the state’s protection, certified owners who have demonstrated fair play, and small businesses which are still in the developmental stages. Though the Court based its decision largely on a policy ...


Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring 2019 Boston College Law School

Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring

Diane M. Ring

There has been a lot of interest lately in new IRC Section 199A, the new qualified business income (QBI) deduction that grants passthroughs, including qualifying workers who are independent contractors (and not employees), a deduction equal to 20% of a specially calculated base amount of income. One of the important themes that has arisen is its effect on work and labor markets, and the notion that the new deduction creates an incentive for businesses to shift to independent contractor classification. A question that has been percolating in the press, blogs, and on social media is whether new Section 199A is ...


A Structural-Purposive Interpretation Of “Employment” In The Platform Economy, E. Gary Spitko 2019 University of Florida Levin College of Law

A Structural-Purposive Interpretation Of “Employment” In The Platform Economy, E. Gary Spitko

Florida Law Review

The considerable growth of the platform economy has focused attention on the issue of whether a provider engaged through a transaction platform should be classified as an employee of the platform operator, and therefore within the purview of workplace protective legislation or as an independent contractor, thus outside the scope of such legislation’s protections. This Article focuses specifically on whether the operator’s reservation of the right to impose quality control standards on the provider ought to give rise to employment obligations running in favor of the provider and against the operator. This narrow issue is of great importance ...


The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen F. Befort 2019 University of Florida Levin College of Law

The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen F. Befort

Florida Law Review

At the turn of the century, I undertook an assessment of the then-current state of workplace rights and obligations. I concluded that the balance of power between employers and workers was “badly skewed” in favor of employers. This Article revisits that topic for the purpose of assessing twenty-first-century trends through the lens of six workplace dimensions. They are: workforce attachment, union–management relations, employment security, income inequality, balancing work and family, and retirement security. An examination of these dimensions reveals that the status of U.S. workers has significantly declined during the first sixteen years of the twenty-first century. This ...


Algorithmic Advertising Discrimination, Joseph Blass 2019 Northwestern Pritzker School of Law

Algorithmic Advertising Discrimination, Joseph Blass

Northwestern University Law Review

The ability of social media companies to precisely target advertisements to individual users based on those users’ characteristics is changing how job opportunities are advertised. Companies like Facebook use machine learning to place their ads, and machine learning systems present risks of discrimination, which current legal doctrines are not designed to deal with. This Note will explain why it is difficult to ensure such systems do not learn discriminatory functions and why it is hard to discern what they have learned as long as they appear to be performing well on their assigned task. This Note then shows how litigation ...


Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino 2019 University of Cincinnati College of Law

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Trying Something Old?: Incorporating The Dodd-Frank Act Into Modern Efforts To Eliminate Workplace Sexual Harassment, Rosemary Kim 2019 Seattle University School of Law

Trying Something Old?: Incorporating The Dodd-Frank Act Into Modern Efforts To Eliminate Workplace Sexual Harassment, Rosemary Kim

Seattle University Law Review

The recent exposure of public figures such as Harvey Weinstein and Bill Cosby show that current measures taken to curb sexual harassment in the workplace have not proven to be enough. It is, then, important and worth exploring Acts from different sectors that have proven effective and then applying the provisions from those Acts to address this issue. This Note will explore the Dodd–Frank Act and pick out the provisions that have potentiality to be adopted and applied in addressing sexual harassment in the workplace. “It is common sense to take a method and try it. If it fails ...


The Possible Final Word On Employment Discrimination Relief, Neal Devins 2019 William & Mary Law School

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Neal E. Devins

No abstract provided.


Seniority Rights Vs. Racial Quotas, Neal Devins 2019 William & Mary Law School

Seniority Rights Vs. Racial Quotas, Neal Devins

Neal E. Devins

No abstract provided.


Reagan Redux: Civil Rights Under Bush, Neal Devins 2019 William & Mary Law School

Reagan Redux: Civil Rights Under Bush, Neal Devins

Neal E. Devins

No abstract provided.


Vets Just Want Fair Benefits, Patricia E. Roberts 2019 William & Mary Law School

Vets Just Want Fair Benefits, Patricia E. Roberts

Patricia E. Roberts

No abstract provided.


Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts 2019 William & Mary Law School

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Patricia E. Roberts

No abstract provided.


Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins 2019 William & Mary Law School

Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins

Patricia E. Roberts

No abstract provided.


Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman 2019 William & Mary Law School

Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese 2019 William & Mary Law School

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Alan J. Meese

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery ...


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