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9,386 full-text articles. Page 2 of 186.

Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason 2019 William & Mary Law School

Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason

Eric D. Chason

Executive pensions (or deferred compensation) grabbed headlines after Enron's collapse and fresh concerns over ever-increasing executive pay. They also grabbed the attention of Congress, which reformed executive pensions legislatively in 2004 with § 409A of the Internal Revenue Code. Section 409A merely tightens and clarifies the doctrines that had already governed executive pensions, leaving the basic economics of executive pensions unchanged. Executives can still defer taxation on current compensation until actual payment is made in the future. Deferral still comes at the same price to the employer, namely the deferral of its deduction for the compensation expense. Thus, the timing ...


Recent Case Shows Flaws In Va Benefits, David E. Boelzner 2019 William & Mary Law School

Recent Case Shows Flaws In Va Benefits, David E. Boelzner

David E. Boelzner

No abstract provided.


Are Residential Quotas Constitutional?, Neal Devins 2019 William & Mary Law School

Are Residential Quotas Constitutional?, Neal Devins

Neal E. Devins

No abstract provided.


Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins 2019 William & Mary Law School

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Neal E. Devins

No abstract provided.


Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins 2019 William & Mary Law School

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

Neal E. Devins

No abstract provided.


Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas 2019 William & Mary Law School

Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas 2019 William & Mary Law School

Contract Rights And Civil Rights, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod 2019 Legal Aid Justice Center

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod

Jayesh Rathod

Government data consistently affirms that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government ...


Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein 2019 William & Mary Law School

Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein

Christopher L. Griffin Jr.

No abstract provided.


The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Original Roofing Co., Llc V. Chief Admin. Officer Of The Occupational Safety And Health Admin., 135 Nev. Adv. Op. 18 (Jun. 6, 2019), Riley Coggins

Nevada Supreme Court Summaries

The Court held that supervisors’ knowledge that their own conduct, or that of an employee under their supervision, violates NOSHA safety laws cannot be attributed to the employer unless the impermissible actions were foreseeable.


City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter

Nevada Supreme Court Summaries

The City of Mesquite asked the Court to determine which statute of limitations (“SOL”) applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The City argued that the claims are subject to a six-month limitations period under Nevada’s Local Government Employee-Management Relations Act (“EMRA”). The Court declined to answer the question. Instead, it clarified that there is no private cause of action to enforce a claim against a union for breach of the duty of fair representation in the first ...


Janus, Union Member Speech, And The Public Employee Speech Doctrine, M. Linton Wright 2019 Colorado Court of Appeals

Janus, Union Member Speech, And The Public Employee Speech Doctrine, M. Linton Wright

Pace Law Review

In Janus v. American Federation of State, County, and Municipal Employees (“AFSCME”), the Supreme Court held that public sector unions can no longer collect fees from nonmembers to fund the costs of representing them in collective bargaining and grievance proceedings. The Court determined that virtually all union speech is political speech and that collection of these fees is impermissible compelled speech under the First Amendment. However, not everything in Janus harms public union interests. The Janus Court’s discussion of Garcetti v. Cabellos and Connick v. Myers actually helps protect union member speech in the context of First Amendment retaliation ...


Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Patush V. Las Vegas Bistro, Llc, 135 Nev. Adv. Op. 46 (Sep. 26, 2019), Katrina Weil

Nevada Supreme Court Summaries

The Court determined that (1) claims for wrongful termination are subject to the limitations period from NRS § 11.190(4)(e) for injuries or death caused by another person’s wrongful act or neglect; and (2) attorney fees were not warranted under § NRS 18.010(2)(b) as the issue was one of first impression.


The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss 2019 University of Arkansas, Fayetteville

The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss

Arkansas Law Review

Restaurants have become the “poster child” for why employers should adopt paid sick leave. Advocates suggest that employees without access to paid sick leave often show up to work ill due to their inability to sacrifice pay. Clever protest signs read, “No Boogers in my Burger” and “No Coughing in my Coffee.” Any rational customer would not appreciate the thought of a flu-ridden chef assembling their main course. However, the benefits of paid leave legislation and policies go beyond protecting cheeseburgers from flu germs. Just as employees with the flu require time off for medical attention, employees with mental illness ...


Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman 2019 Notre Dame Law School

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman

Barry Cushman

The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of ...


The Compliance Process, Veronica Root Martinez 2019 Notre Dame Law School

The Compliance Process, Veronica Root Martinez

Veronica Root

Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of ...


Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie 2019 Allard School of Law at the University of British Columbia

Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie

Bethany Hastie

This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.

This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater ...


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin McCrary, Stephen Davidoff Solomon, Eric L. Talley 2019 Columbia Law School

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin McCrary, Stephen Davidoff Solomon, Eric L. Talley 2019 Columbia Law School

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, Sandeep Vaheesan 2019 University of Maryland Francis King Carey School of Law

Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, Sandeep Vaheesan

Maryland Law Review

In enacting the antitrust laws, Congress sought to prevent big businesses from maintaining and augmenting their power through collusion, mergers, and exclusionary and predatory practices and also aimed to preserve the ability of workers to act in concert. At times, the antitrust laws have benefited ordinary Americans. Antitrust achievements include the restructuring of the oil industry in 1911, the creation of competitive market structures in the mid-twentieth century, and the termination of AT&T’s telecommunications monopoly in 1984.

Yet, the history of antitrust in the United States is not one of uninterrupted successes. Over two forty-year periods, the executive ...


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