Caroline Hardig discusses student athletes’ battle with the NCAA over employee status in a new case, Johnson v. NCAA, which could create a circuit split.
Is the NCAA Above the Law?
Employee or Independent Contractor? Examining the U.S. Department of Labor’s New Recommendations Concerning Independent Contractor Classification
In this article, Stephen Fox examines the new U.S. Department of Labor’s recommendation on classifying independent contractors and how these recommendations may affect the labor market.
Starbucks’ Grand(e) Idea: Freshly Brewed Union-Busting
Associate Member Chris Colloton examines Starbucks’ most recent decision to boost benefits for its non-union workforce, a move that comes as support for labor unions is at a nearly 60-year high. Colloton argues that the coffee giant’s less-than-subtle efforts to dissuade its employees from unionizing may expose itself to potential liability under U.S. labor law.
Minor League Baseball and the Supreme Court Load the Bases for College Athletes
In this article, Associate Member Adam Drapcho discusses how minor league baseball’s recent unionization, combined with Justice Kavanaugh’s concurrence in NCAA v. Alston, puts college athletes in a prime position to organize and negotiate with the NCAA.
The End of Non-Competes? How a New Jersey Law Attempts to Restrict Non-Competes by Requiring Post-Employment Pay
Associate Member Caroline Hardig discuses a new trend in non-compete agreements requiring an employer to pay an employee their full salary for the entire non-compete period once employment is terminated.
Abortion Access Post-Dobbs: The Power of Private-Sector Labor and Employment Law
Notes and Comments Editor Austin J. Wishart explains how private sector employers and collective bargaining units may work together to provide reproductive healthcare access to employees in the wake of the Supreme Court's Dobbs decision.
Lack of Consideration Could Lead to Lack of Protection
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review Discrimination and equal pay have been brought back into the public eye through recent celebrity revelations of huge disparities between the salaries of actors and actresses and the boycott of the Oscars by several stars. These issues have long been a part of our society,... Continue Reading →
When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →
Should States Preempt Local Governments from Passing Higher Minimum Wage Ordinances?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review While the federal government sets a minimum wage that is the nationwide “floor,” many state legislatures have passed their own laws requiring a minimum wage above the federal minimum. Recently, individual cities and localities have further tried to account for inflation and higher-cost living expenses... Continue Reading →
Is geographic location relevant when “caring for” a family member under the Family Medical Leave Act?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review The Family Medical Leave Act (FMLA) allows employees to take up to twelve weeks of unpaid leave to care for a family member with a serious health condition.[1] However, courts have struggled to interpret what “caring for” a family member must consist of under the... Continue Reading →