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Full-Text Articles in Law

The Statutory Public Interest In Closing The Pay Gap, Stephanie Bornstein Jul 2019

The Statutory Public Interest In Closing The Pay Gap, Stephanie Bornstein

Stephanie Bornstein

This Essay explores the role that the statutory public interest should play in the enforcement of rights under the Equal Pay Act of 1963 (EPA). Current data shows that, even fifty-five years after the enactment of federal law outlawing sex based pay discrimination, the gender pay gap inflicts huge costs on women, their families, and the U.S. economy, echoing the public concerns that led to the statute’s original passage. That Fair Labor Standards Act of 1938 (FLSA) and EPA rights cannot be waived by an employee calls into question two common employer pay-setting practices often excused under federal law: setting …


Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein Dec 2014

Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein

Adam Epstein

In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze …


Shining The Spotlight On Unpaid Law Student Workers, Susan Harthill Mar 2013

Shining The Spotlight On Unpaid Law Student Workers, Susan Harthill

Susan Harthill

Shining the Spotlight on UNPAID LAW STUDENT Workers Susan Harthill Abstract Law students who ‘intern’ at for-profit law firms across the United States do a fair day’s work but do not always get a fair day’s pay. Unpaid student interns have long been a well-utilized labor source in the non-profit world, public agencies, and in certain for-profit sectors, such as entertainment and media. Indeed, some unpaid internships are mutually beneficial arrangements for the student and the employer; the student gets hands-on training in an industry that might be difficult to break into, has useful work experience on her resume, and …


Compliance With The Overtime Pay Provisions Of The Fair Labor Standards Act, Ronald G. Ehrenberg, Paul L. Schumann Aug 2012

Compliance With The Overtime Pay Provisions Of The Fair Labor Standards Act, Ronald G. Ehrenberg, Paul L. Schumann

Ronald G. Ehrenberg

[Excerpt] The evidence presented in this paper strongly suggests that non-compliance with the overtime pay provisions of the FLSA is a nontrivial problem. Our analyses of the May 1978 CPS data indicated that at least 9.6 percent of individuals who worked more than forty-one hours in the survey week and who we believe were subject to the FLSA's overtime provisions with certainty failed to receive any premium pay for overtime hours. Moreover, from our analyses of the partial coverage CPS sample, we inferred that over 20 percent of the people working overtime who were subject to the overtime pay provisions …