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Labor and Employment Law

American University Washington College of Law

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FLSA

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Full-Text Articles in Law

The Deadly Cost Of Unregulated Labor: How The United States Fair Labor Standards Act Violates The International Labour Organization’S Ilo Convention No. 182 In Failing To Provide Protections For Children Working In Agriculture, Sara Salinas Jan 2021

The Deadly Cost Of Unregulated Labor: How The United States Fair Labor Standards Act Violates The International Labour Organization’S Ilo Convention No. 182 In Failing To Provide Protections For Children Working In Agriculture, Sara Salinas

Upper Level Writing Requirement Research Papers

The Fair Labor Standards Act of 1938 (FLSA) was the first successful comprehensive legislation addressing child labor laws in the United States. While important, the FLSA left a lot to be desired for agricultural child workers as it provides less protections for them than for non-agricultural child workers. This disparity has left child agricultural workers legally allowed to work in hazardous conditions at a young age, and work nearly unlimited hours. For the most part, child labor laws were at a stalemate until 1999 when the United States ratified the International Labor Organization (ILO) Convention No. 182, also known as …


Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer Jan 2016

Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

A number of large retail chains with monopsony power, such as Walmart, pay their low level employees so little that these employees are eligible for food stamps and other governmental benefits. In addition to paying low wages, these chains often have hourly restrictions so that their employees are not eligible for overtime pay. At times the chains violate the wage and hour provisions of the Fair Labor Standards Act (FLSA) by making hourly employees work “off the clock,” a practice known as wage theft.

One of the reasons these low wage retailers can pay so little is because their employees …


Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green Jan 2013

Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green

Articles in Law Reviews & Other Academic Journals

Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …