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Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
The Business, Entrepreneurship & Tax Law Review
The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around …
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment …
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Missouri Law Review
Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking down …
Stripping Away Employment Rights: The Unconscionability Of Class Waivers In Employment Agreements, Nikki Clark
Stripping Away Employment Rights: The Unconscionability Of Class Waivers In Employment Agreements, Nikki Clark
Journal of Dispute Resolution
As support for arbitration clauses began to grow, employers began to include arbitration clauses in employment agreements because it lowers the cost and uncertainty of litigation. Many of these arbitration clauses contain waivers of the right to class action. This Note argues that a waiver of collective action, whether express or unknowing, should be per se unconscionable to provide consistency and to resolve the inconsistency between and even within federal circuits.
Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor
Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor
Journal of Dispute Resolution
In a country that protects the plaintiff's right to a day in court, it only seems natural that Sally should have the opportunity to take her cause to the courthouse. But the strong fedral presumption that supports the enforcement of arbitration provisions is like a hammber that pushes plaintiffs like Sally and those if Huffman into the arbitration arena. In Huffman, the Sixth Circuit rescued an employwer from an ambiguous arbitration provision contained in the employer-drafted employment agreement and enforced the arbitration provision as one of the provisions to survive expiration of the contract, even though it was not listed …
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
Journal of Dispute Resolution
In the early 20th century, social changes brought about a system designed to protect employees. As part of the American system of labor laws, workers are given certain rights to proceed collectively, to "band together," and to proceed as a unit. Labor laws were first enacted in the United States during a period of Supreme Court jurisprudence that granted a broad array of powers to corporations, in the form of "liberty of contract." Justice Holmes dissented in Lochner v. New York, and planted a seed in his opinion that would later go on to support the idea behind federal labor …
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Journal of Dispute Resolution
Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Journal of Dispute Resolution
This note opens the discussion on disparate school discipline with a case harboring egregious facts, then goes on to explore the history of zero-tolerance policies as the primary method of school discipline, federal civil rights laws prohibiting discrimination based on race in school discipline, and the rise of restorative practices as a means of school discipline. In conclusion, this note argues that in implementing restorative justice practices as an alternative dispute resolution method, schools can end a pattern of disproportionately disciplining African American and Hispanic students and create an environment that fosters success for all children.