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What’s the “Gig” Idea?: The Importance of Understanding Who Employees Are Under The FLSA
Get PDFThe United States Department of Labor (“the Department”) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act. This paper delves into the dynamic landscape of workers\u27 rights, tracing the historical development of labor regulations and the intricate classifications of employees and individual contractors. The paper navigates key milestones in the evolution of workers\u27 rights, from the early labor movements to the present-day legal frameworks. By examining landmark legislation, judicial decisions, and societal shifts, the paper illuminates what has shaped the rights and protections afforded to workers. This paper will suggest technological and societal advancements in the past two decades have led to the need to reform the understanding of who is an employee and who is an independent contractor to better protect the rights of worker
Why Do Mediators Mediate the Way They Do?
No full textThis article is Part 1 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. It reports the results of a study of mediators who attended two educational programs.This study supports the fundamental premises of real practice systems theory. Mediators have unique practice systems based on numerous variables including their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. While mediators consciously use some techniques, much of their behavior is based on unconscious routines. Through reflection, individually and in groups, mediators can become more aware of their systems and consciously decide to refine and improve them.The attendees found the educational programs to be very valuable, and many said that it helped them learn about their own mediation approaches. Based on the results of this study, Part 2 in this series – Helping You Do The Best Mediation You Can – suggests a practical program for mediators to understand and improve their practice systems, individually and in groups. It also includes suggestions for sponsors of educational programs, faculty, and trainers
Coping With California’s Deficit, Part 1: Borrowing and Taxes
No full textIn this installment of Academic Perspectives on SALT, Shanske and Gamage examine California’s projected budget deficit and possible solutions. California has a large budget deficit that is predicted to last for several years. In this two-part series, we will place California’s situation in context and propose solutions.The state should use short-term borrowing to cover at least some of the cyclical shortfall. That the real revenue cycle is unlikely to neatly unfold over one traditional fiscal year should not change this conclusion. To that end, we will show how California can operationalize this simple insight despite the impression some may have that it cannot do so as a matter of law. In this article, we will explain how this borrowing might work. In the next article, we will explain why this borrowing should be legally permissible
The House of Cards Topples: Examining Appellate Jurisdiction for Transfers of Venue in Federal Court
Get PDFMany a lunch table argument has been had about a battle between unlikely foes. Who would win: a gorilla or a grizzly bear? A great white shark or a crocodile? Opponents throw their support behind one animal or another and vigorously debate the matchup—“a grizzly bear might be bigger, but a gorilla has opposable thumbs and superior intelligence!” As thrilling and engaging as these debates may be, participants recognize their theoretical nature. Part of the fun is that the question “who would win?” is often unanswerable. The hypothetical combatants simply do not encounter one another in the wild, leaving the matter perpetually open to debate
SUNNY DAYS AHEAD: USING ADR TO FUEL THE FUTURE OF GREEN ENERGY
Get PDFThe energy landscape in the United States (“U.S.”) has undergone significant changes in the last few centuries. Energy consumption has increased dramatically as more energy sources have been developed. As one of the world’s leading energy consumers, the U.S. has a large incentive to develop energy solutions that are both sustainable, dependable, and independent of foreign powers. For these reasons, Congress has spent the last few decades passing numerous pieces of legislation encouraging investment in energy solutions that will benefit the U.S. for centuries. With the enactment of the Inflation Reduction Act (“IRA”) of 2022, the U.S. has made its most significant investment ever in climate and energy. This paper argues that a comprehensive understanding of both the historical and ongoing challenges in the U.S. energy landscape, coupled with the strategic application of Alternative Dispute Resolution, is crucial for the successful implementation and expansion of sustainable, reliable, and independent green energy solutions
MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS
Get PDFIn 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault.
Integrative Highway Rights-of-Way Management to Reduce Stormwater Run-Off and Enhance Habitat
Get PDFNature-based management along highway rights-of-way (ROW) has been a focus in several states to benefit pollinators through supporting diverse and native vegetative communities. There is the potential to enhance the ecological benefits of this practice by integrating stormwater management into restoration plans and incorporating other complex, multidisciplinary factors. Historically, lack of technical assistance and limited resources has led managers to use unsustainable roadside practices that reduce the potential ecological services of the ROW; however, integrative management can aid in the prioritization of management efforts and link objectives of various resource agencies. In this literature review, we address the ecological impacts of highways and roadside management and propose a conceptual model to support managers in the development of sustainable roadside restoration plans
ADR in the Ongoing Experiment of American Law
Get PDFTo engage in the development of American law— past or present—is to engage in a great and ongoing experiment. It is an exercise of the imagination. And one place where American law has been most imaginative is in the field of alternative dispute resolution. It is an area of law that, in its creativity and emphasis on the person as a whole, is particularly well-suited to respond to the guiding question of our constitutional democracy: how might we live well together