In this article, Associate Member Adam Drapcho discusses how minor league baseballโs recent unionization, combined with Justice Kavanaughโs 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.
The Good, The Bad, and The Ugly: The Detrimental Impact of the Fast Fashion Industry
Blog Editor Caleigh Harris explores the impacts of the fast fashion industry on the environment and on international labor markets.
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 individualโs sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualificationโ (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 ย While the federal government sets a minimum wage that is the nationwide โfloor,โ 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 โcaring forโ 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]ย However, courts have struggled to interpret what โcaring forโ a family member must consist of under the... Continue Reading →
Concerted Activity in Social Media: The Future of Labor Activity
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review In todayโs world of social media, employee interactions regarding their employers are becoming increasingly more public. Conversations that previously would have taken place in a private home or around the water cooler now take place online and may take many different shapes. Instead of a... Continue Reading →
Look Policies: Can employers discriminate based on their physical attractiveness?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that... Continue Reading →
