Issue 28.1 Preview

Issue 28.1 of the Hofstra Labor & Employment Law Journal is out to the publisher and will be available soon.  Here is a short preview of the articles one will find in the upcoming issue. Clicking on the title of the articles will link you to a full version of the article.

  • Wilma B. Liebman


National Labor Relations Board

Labor Law During Hard Times: Challenges on the 75th Anniversary of the National Labor Relations Act

  • Matthew W. Green Jr.

Assistant Professor

Cleveland-Marshall School of Law

Express Yourself: Striking a Balance between Silence and Active, Purposive Opposition Under Title VII’s Anti-Retaliation Provision

In 2009, the United States Supreme Court addressed what the word “oppose” means.  Matthew W. Green Jr.’s article considers whether the Supreme Court opened the door to silent opposition and then offers a new standard that should be used by the courts as the threshold of actionable opposition under the anti-retaliation clause of Title VII.

  • Daniel P. O’Gorman

Assistant Professor

Barry University School of Law

Solomon and Strikes: Labor Activity, The Contract Doctrine of Impossibility or Impracticability of Performance, and Federal Labor Policy

The article looks at the intersection of contract doctrine and federal labor policy in cases in which the doctrine of impossibility is raised due to labor activities.  Traditionally, scholars have looked to the National Labor Relations Act when dealing with federal labor policy and have ignored common law contract law.  Daniel P. O’Gorman’s article not only delves into how the doctrine of impossibility should be applied by the courts but offers a unique way that courts should handle such cases.

  • Hina B. Shah

Associate Professor of Law and Clinical Supervising Attorney

Golden Gate University School of Law

Broadening Low-Wage Workers’ Access to Justice: Guaranteeing Unpaid Wages in Targeted Industries

As an increasing number of businesses file bankruptcy, workers are left without any recourse for unpaid wages because the limited liability rule shields shareholders, officers and agents from personal liability.  Low-wage workers face enormous challenges as they often work in industries that have high noncompliance rates with wage and hour laws and a greater likelihood that their employers will shut down or file for bankruptcy.  Hina B. Shah’s article addresses the dramatic injustice of this situation, and offers a unique solution of exempting low-wage workers’ wages from the limited liability rule by requiring shareholders and corporate officers to guarantee wages of low-wage workers.

  • Alvin P. Blyer

Regional Director

National Labor Relations Board, Region 29

Practitioner’s Note: Some Current Thinking at the Board from Brooklyn and Beyond

  • J. Michael Lightner

Regional Director

National Labor Relations Board, Region 22

Practitioner’s Note: Winds of Change are Blowing from the Obama NLRB

  • Celeste J. Mattina

Acting Deputy General Counsel

National Labor Relations Board

Practitioner’s Note: The NLRB’s Deferral Policy Under Fire: The D.C. Circuit’s Criticism and the Future of the Deferral Policy

  • Jamie Rigel & Alexi Poulianos

Student Note: Take your Paws off Me: An Argument in Favor of Revising the Occupational Safety and Health Act and the Protecting America’s Workers Act

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