Hofstra Labor & Employment Law Journal

Hofstra Labor & Employment Law Journal The official page for The Hofstra Labor & Employment Law Journal at the Maurice A. Deane Sc Deane School of Law at Hofstra University.

Welcome to the official page for The Hofstra Labor & Employment Law Journal at the Maurice A. Alumni, practitioners, current students, and interested members of the public alike should follow this page, in order to comment on new blog posts and to follow Journal news. Widely considered one of the premier legal scholastic authority on labor and employment law, the Journal publishes two iss

ues (fall and spring) per volume. Volume 35 coincides with the 2017-2018 school year. Also follow the Journal on Twitter:
Prospective authors should contact the Journal via phone or email for more information on publication. The Journal will not accept submissions through Facebook. This page is maintained by the Technology Editor. V.35: Victoria Massimino

Down But Not Out: Courts Still Granting Injunctions to NLRB Despite Stricter StandardsBy: Caleb Rockhill On June 13, 202...
03/02/2026

Down But Not Out: Courts Still Granting Injunctions to NLRB Despite Stricter Standards

By: Caleb Rockhill On June 13, 2024, the United States Supreme Court ruled in favor of Starbucks in a union organizing dispute.[1] In Starbucks Corp., the court in an eight-to-one decision ruled that lower courts cannot grant preliminary injunctions to the National Labor Relations Board (hereinafter the “NLRB”) in the highly deferential way they had previously.[2] Now, courts must first consider the four traditional factors required when granting a preliminary injunction....

By: Caleb Rockhill On June 13, 2024, the United States Supreme Court ruled in favor of Starbucks in a union organizing dispute.[1] In Starbucks Corp., the court in an eight-to-one decision ruled t…

When AI is the Boss, Who Maintains Liability?By: Jordan Zornberg In a world rooted in human analysis and often plagued b...
02/23/2026

When AI is the Boss, Who Maintains Liability?

By: Jordan Zornberg In a world rooted in human analysis and often plagued by litigation, it is a pressing matter to understand who may be held liable when Artificial Intelligence (hereinafter “AI”) is driving decision-making.[1] The current administration’s executive order, which aimed to reduce government oversight of AI while promoting United States leadership, has increased the need to fully understand the issue of liability....

By: Jordan Zornberg In a world rooted in human analysis and often plagued by litigation, it is a pressing matter to understand who may be held liable when Artificial Intelligence (hereinafter “AI”)…

Hands Off the Credit Checks: New Limitations on the Hiring ProcessBy: Joshua McDonald There has been a recent update to ...
02/17/2026

Hands Off the Credit Checks: New Limitations on the Hiring Process

By: Joshua McDonald There has been a recent update to New York State Employment Law that will require some companies to modify their hiring practices.[1] On December 19, 2025, the New York State Senate bill S3072[2] was approved.[3] This amendment to the New York State Fair Credit Reporting Act[4] altered what information is available to employers during the hiring process....

By: Joshua McDonald There has been a recent update to New York State Employment Law that will require some companies to modify their hiring practices.[1] On December 19, 2025, the New York State S…

Tone Policing at Work: When “Disrespectful” Employee Speech Is Still Protected Under the NLRABy: Jake Scanapico Employer...
02/17/2026

Tone Policing at Work: When “Disrespectful” Employee Speech Is Still Protected Under the NLRA

By: Jake Scanapico Employers have long sought to regulate workplace discourse through civility rules, codes of conduct, and disciplinary policies to maintain professionalism.[1] In theory, these rules serve legitimate business interests by promoting order and respect.[2] In practice, however, they frequently collide with employee rights under Section 7 of the National Labor Relations Act.[3] Recent decisions by the National Labor Relations Board illustrate that employee speech does not lose statutory protection merely because it is confrontational, profane, or perceived as disrespectful....

By: Jake Scanapico Employers have long sought to regulate workplace discourse through civility rules, codes of conduct, and disciplinary policies to maintain professionalism.[1]  In theory, th…

Patience: Why Striking Nurses Deserve To Take Their TimeBy: Jack Gutman When you think of an essential worker, it is unc...
02/09/2026

Patience: Why Striking Nurses Deserve To Take Their Time

By: Jack Gutman When you think of an essential worker, it is uncontestable that a nurse fits that description.[1] During the notorious coronavirus pandemic of 2020, the work of nurses was revered by Long Island communities and New York City residents.[2] During these unprecedented times, nurses were constantly thrown into dangerous and unforeseen situations.[3] The work nurses do is both physically and mentally draining....

By: Jack Gutman When you think of an essential worker, it is uncontestable that a nurse fits that description.[1]  During the notorious coronavirus pandemic of 2020, the work of nurses was rev…

The NWSL’s High Impact Player Rule- Making a High Impact Even Before Being in EffectBy: Kate Cimino Trinity Rodman (here...
02/09/2026

The NWSL’s High Impact Player Rule- Making a High Impact Even Before Being in Effect

By: Kate Cimino Trinity Rodman (hereinafter “Rodman”) is a rising star in professional women’s soccer.[1] While only twenty-three years old, she is already a National Women’s Soccer League (hereinafter the “NWSL”) champion, Olympic Gold Medalist, and has received numerous individual accolades.[2] It is no surprise that with her new contract with the NWSL’s Washington Spirit (hereinafter the “Spirit”), Rodman is now one of the highest…...

By: Kate Cimino Trinity Rodman (hereinafter “Rodman”) is a rising star in professional women’s soccer.[1] While only twenty-three years old, she is already a National Women’s Soccer League (herein…

W-2 or Wiseguy? Worker Classification Lessons from The SopranosBy: Jonathan Ustaev Tony Soprano never could have imagine...
12/09/2025

W-2 or Wiseguy? Worker Classification Lessons from The Sopranos

By: Jonathan Ustaev Tony Soprano never could have imagined his operation would be used to illustrate modern employment law–but there are some questions we need answered.[1] Today we’re going to take a look at his organization and answer: when is someone an employee, and when are they really an independent contractor?[2] This distinction determines a lot for a worker: minimum wage, overtime hours, unemployment benefits, workers’ comp, and other civil protections....

By: Jonathan Ustaev             Tony Soprano never could have imagined his operation would be used to illustrate modern employment law–but the…

California’s Law Allowing Rideshare Drivers to Unionize: Blueprint for Reform or Fundamental Misstep?By: Leo Stanger On ...
12/09/2025

California’s Law Allowing Rideshare Drivers to Unionize: Blueprint for Reform or Fundamental Misstep?

By: Leo Stanger On October 3rd, 2025, California became the second state to grant ride-share and app-based drivers the right to unionize and bargain collectively, despite remaining classified as independent contractors, not employees.[1] In passing Assembly Bill 1340, the State created a new and uniquely protected subcategory of independent contractors for rideshare drivers.[2] The law recognizes that Uber and Lyft drivers enjoy a level of autonomy uncommon among employees....

By: Leo Stanger On October 3rd, 2025, California became the second state to grant ride-share and app-based drivers the right to unionize and bargain collectively, despite remaining classified as in…

Brewing a Movement: How the Starbucks Strike is Renewing Labor PowerBy: Jordan Zornberg Starbucks’ current strike marks ...
12/09/2025

Brewing a Movement: How the Starbucks Strike is Renewing Labor Power

By: Jordan Zornberg Starbucks’ current strike marks a drastic labor flashpoint, being one of the biggest labor disputes in the past several years.[1] A strike that began with just a handful of union elections, has sparked into a nationwide campaign.[2] Workers have walked out, shut down stores, and demanded progress immediately.[3] It may seem that this only impacts Starbucks, but truthfully it exposes structural flaws in American labor law as a whole, and highlights how service organizations are pushing the limits of the National Labor Relations Act (hereinafter “NLRA”)....

By: Jordan Zornberg             Starbucks’ current strike marks a drastic labor flashpoint, being one of the biggest labor disputes in the pas…

Is Major League Baseball Headed Toward Its Next Work Stoppage? Rising Labor Tensions Ahead of the 2026 CBABy: Jake Scana...
12/02/2025

Is Major League Baseball Headed Toward Its Next Work Stoppage? Rising Labor Tensions Ahead of the 2026 CBA

By: Jake Scanapico Although Major League Baseball and the Major League Baseball Players Association (hereinafter “Players Association”) do not begin negotiations for their next collective bargaining agreement until 2026, early developments suggest that another major labor conflict may be approaching.[1] The 2021 to 2022 lockout exposed long standing economic disagreements that the parties never fully resolved, and many of those concerns have reappeared in the lead up to the next bargaining cycle....

By: Jake Scanapico Although Major League Baseball and the Major League Baseball Players Association (hereinafter “Players Association”) do not begin negotiations for their next collective bargainin…

New York State Stops the Overflow of Late Pay LawsuitsBy: Joshua McDonald Under New York State Law §191 an employer that...
12/02/2025

New York State Stops the Overflow of Late Pay Lawsuits

By: Joshua McDonald Under New York State Law §191 an employer that is considered a manual worker is required to be paid on a weekly basis.[1] A manual worker is considered to be an individual that spends “more than 25% of working time engaged in ‘physical labor.’”[2] Physical labor has been interpreted very broadly and can include things as simple as walking standing and organizing....

By: Joshua McDonald Under New York State Law §191 an employer that is considered a manual worker is required to be paid on a weekly basis.[1]  A manual worker is considered to be an individual…

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