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Americans have begun the slow process of re-opening the economy amidst the COVID-19 crisis, though they do so with some hesitation, waiting to see whether the return to work will lead to new spikes in COVID-19 cases if not fatalities. [read post]
25 Jun 2020, 10:00 pm by Samuel Estreicher and Daniel Folsom
This past April, the Supreme Court passed up an opportunity to clarify an important question in County of Maui v. [read post]
11 Jun 2020, 9:01 pm by Samuel Estreicher and Joseph Scopelitis
Employers today face numerous legal and ethical challenges as they adapt to the new “normal” created in the midst of the ongoing COVID-19 pandemic. [read post]
21 May 2020, 9:01 pm by Samuel Estreicher and Nicholas Saady
With the growth of franchises in our service sector and others modes of operation whereby major brands and corporations (“user companies”) have, as some claim, “off-loaded” their labor needs to other businesses who supply labor and other services to them (“supplier companies”), attention has increasingly turned to the “joint employer” doctrine of U.S. labor and employment law. [read post]
Employers face a number of serious ethical and legal questions as they begin to weigh reopening their workplaces. [read post]
For the first time in our history, a President has been impeached by the House of Representatives for conduct not alleged to be a crime. [read post]
We are troubled by President Trump’s behavior in connection with the Ukraine scandal and believe it may warrant congressional censure, but is it cause for impeachment and removal? [read post]
30 May 2019, 5:14 am by Howard Bashman
“Justice Department Brief Calls for Invalidation of All of Obamacare Without Justification”: Law professor Samuel Estreicher has this essay online at Justia’s Verdict. [read post]
29 May 2019, 9:01 pm by Samuel Estreicher
There used to be a time when federal courts were very reluctant to invalidate federal legislation as unconstitutional, and the Department of Justice’s Office of the Solicitor General shared that reluctance by defending the constitutionality of federal laws where reasonably possible even when those laws had fallen out of the favor with the new administration. [read post]