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Articles 1 - 30 of 144
Full-Text Articles in Law
Using State And Local Governments’ Purchasing Power To Combat Wage Theft, Courtlyn G. Roser-Jones
Using State And Local Governments’ Purchasing Power To Combat Wage Theft, Courtlyn G. Roser-Jones
Washington and Lee Law Review
Regulatory efforts to curb wage theft are failing. And for good reason: these laws generally empower individual workers to pursue their rights when employers neglect to pay them what they are owed and deter employers with substantial penalties. But the vast majority of workers do not take formal action against their employers. So, when the penalties for committing wage theft are almost entirely triggered by claims workers do not bring, they do not deter employer behavior. Instead, because the likelihood of being penalized at all is so low, some employers make profit-maximizing decisions to commit wage theft on a large …
Raising The Floor From The Back Door: Shareholder Proposals As A Mechanism For Raising Minimum Wage, Laura Carrier
Raising The Floor From The Back Door: Shareholder Proposals As A Mechanism For Raising Minimum Wage, Laura Carrier
Washington and Lee Law Review
When adjusted to reflect inflation, the federal minimum wage is almost 40 percent lower than it was in 1970. The Biden Administration tried and failed to legislatively raise the minimum wage, and political deadlock will continue to kill legislative change. The shareholder proposal, a nonbinding recommendation to management that shareholders can submit for a vote at a public corporation’s annual meeting, presents a path for improving the wages of many workers in the absence of federal legislation. This Note analyzes the best approach to crafting a shareholder proposal on minimum wage that will prompt an effective increase in the minimum …
Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris
Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris
Washington and Lee Law Review
Internships have skyrocketed in popularity as they become the new entry-level position for professional careers across the country. Despite their popularity, the legality of internships falls in a gray area created by a vague statute and a flexible, factor-based judicial test. The Fair Labor Standards Act (FLSA), which regulates employment relationships and importantly mandates a minimum wage and hour requirements, was written long before internships became commonplace and provides little direction for how to regulate these positions. In this void, both the Department of Labor and federal courts have developed guidance, the ultimate culmination of which is the modern primary …
Comment: Unpaid Internships And The Rural-Urban Divide, Susan D. Carle
Comment: Unpaid Internships And The Rural-Urban Divide, Susan D. Carle
Washington and Lee Law Review
In this Comment, I first note how much the existing literature on unpaid internships under the FLSA focuses on urban contexts. Next, I briefly sketch some of the literature on the rural-urban divide, a topic I argue needs much more analysis from legal scholars in coming years. Third, I show how Morris’s work brings together these two literatures, which to this point have not been in conversation with each other. Finally, I note a few questions Morris’s work raises for future attention.
California And The Terrible, Horrible, No Good, Very Bad Statutory Employee Classification Scheme, Richard H. Gilliland Iii
California And The Terrible, Horrible, No Good, Very Bad Statutory Employee Classification Scheme, Richard H. Gilliland Iii
Washington and Lee Law Review
The battle over worker classification between state governments, on the one hand, and gig economy companies, on the other, has raged since at least the first time someone ordered an Uber. Nowhere has this battle played out more prominently in recent years than in California. In 2019, the state legislature passed AB 5, a bill which adopted a stringent independent contractor standard and effectively classified all gig economy workers as employees of the companies whose apps they use to find work. AB 5’s ripple effects were enormous—the significant popularity of gig economy apps among consumers launched what might have been …
The Sexual Harassment Loophole, Keith Cunningham-Parmeter
The Sexual Harassment Loophole, Keith Cunningham-Parmeter
Washington and Lee Law Review
Employers rarely pay for sexual harassment. The #MeToo movement has not changed this legal reality. Title VII of the Civil Rights Act of 1964—the nation’s primary workplace antidiscrimination law—contains a harassment loophole. Harassment is the only kind of Title VII violation that allows employers to avoid liability if they offer training and reporting opportunities to workers. In contrast, employers must automatically pay for all other Title VII claims such as discriminatory firings, even when firms have trained their employees not to discriminate. This Article makes the case for closing the loophole by aligning harassment liability with other Title VII offenses …
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Washington and Lee Law Review
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …
The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal
The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal
Washington and Lee Law Review
No abstract provided.
Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost
Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
Employee Or Entrepreneur?, Jeffrey M. Hirsch
Employee Or Entrepreneur?, Jeffrey M. Hirsch
Washington and Lee Law Review
No abstract provided.
Keeping Hope Alive, David K. Millon
Keeping Hope Alive, David K. Millon
Washington and Lee Law Review
No abstract provided.
"You're Fired!" Determining Whether A Wrongly Terminated Employee Who Has Been Reinstated With Back Pay Has An Actionable Title Vii Retaliation Claim, Anna Ku
Washington and Lee Law Review
No abstract provided.
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Washington and Lee Law Review
No abstract provided.
Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin
Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin
Washington and Lee Law Review
Recent empirical studies on outcomes in employment discrimination litigation all reach the same conclusion: Plaintifs have little chance of success. But these studies rely on summary judgment decisions and trial verdicts, gleaned from reported opinions, electronic docket entries, and data collected by the Administrative Office of the Courts, and they acknowledge that this is just "the tip of the iceberg." Until now, settlement outcomes, which account for 70% of case resolutions, have been rendered invisible because of confidential settlement agreements. Along with the "vanishing trial" syndrome, secret settlements have created an information vacuum, skewing the public policy discourse about employment …
In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier
In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier
Washington and Lee Law Review
No abstract provided.
The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood
The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood
Washington and Lee Law Review
No abstract provided.
Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis
Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis
Washington and Lee Law Review
No abstract provided.
Pensions, Risk, And Race, Dorothy A. Brown
Pensions, Risk, And Race, Dorothy A. Brown
Washington and Lee Law Review
No abstract provided.
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Washington and Lee Law Review
No abstract provided.
Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer
Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer
Washington and Lee Law Review
No abstract provided.
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
Washington and Lee Law Review
No abstract provided.
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Washington and Lee Law Review
No abstract provided.
A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport
A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport
Washington and Lee Law Review
No abstract provided.
Maintaining Erisa's Balance: The Fundamental Business Decision V. The Affirmative Fiduciary Duty To Disclose Proposed Changes, Melissa Elaine Stover
Maintaining Erisa's Balance: The Fundamental Business Decision V. The Affirmative Fiduciary Duty To Disclose Proposed Changes, Melissa Elaine Stover
Washington and Lee Law Review
No abstract provided.
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky
Washington and Lee Law Review
No abstract provided.
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Washington and Lee Law Review
No abstract provided.
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Washington and Lee Law Review
No abstract provided.
Encouraging Employers To Abandon Their "No Comment" Policies Regarding Job References: A Reform Proposal, Robert S. Adler, Ellen R. Peirce
Encouraging Employers To Abandon Their "No Comment" Policies Regarding Job References: A Reform Proposal, Robert S. Adler, Ellen R. Peirce
Washington and Lee Law Review
No abstract provided.
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Washington and Lee Law Review
No abstract provided.
Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King
Washington and Lee Law Review
No abstract provided.