Law Commons^™

Teaching The Lochner Era, Barry Cushman

Journal Articles

This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.

Collaborative Enforcement, Andrew Elmore

Articles

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …

Franchise Regulation For The Fissured Economy, Andrew Elmore

Articles

No abstract provided.

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

All Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that …

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 …

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.

Coming Out Of The Shadows Of Sheltered Workshops And Subminimum Wage: Exploring The Exploitation Of Disabled Workers Under Section 214(C) Of The Fair Labor Standards Act, Jillian Guilfoyle

Louis Jackson National Student Writing Competition

No abstract provided.

Fast-Food Workers Fight For A Raise And Create A Movement, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Income Inequality: Challenges In Bridging The Gap, Singapore Management University

Perspectives@SMU

Increase social spending. Fine-tune foreign labour policies. Create more job opportunities.

These were just a few of the suggestions made during a forum organized by the anti-poverty group, ONE (Singapore) and Singapore Management University's Wee Kim Wee Centre on how to bridge the income inequality gap in Singapore.

Halimah Yacob, the Minister of State for the Ministry of Social and Family Development, said in the forum that a concern with income inequality is its impact on social mobility, as people need to have “a sense of hope and optimism that they can aspire to a better life”. How each society …

The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …

Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?

Offshore Outsourcing And Worker Rights, Theodore J. St. Antoine

Articles

For the workers in the Rust Belt of the United States, concentrated in Southern New England, Western New York State, Pennsylvania, Ohio, Michigan, Indiana, and Illinois, it doesn't make much difference whether their jobs are outsourced or lost to North Carolina or Mexico or China. In any event the sources of income that have existed for generations are gone and the economic and psychic pains are much the same. Nonetheless, for purposes of national policy it plainly matters whether the work is moving to another part of the country or is leaving the United States entirely. I am going to …

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.

The Minimum Wage: Issues To Consider, 1999 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The current minimum wage of $5.15 is clearly inadequate to support any family — only a oneperson household can stay above the federal poverty guidelines on a full-time minimum wage job. The minimum wage will continue to decline in its real value, putting individuals, families and especially children at growing risk of poverty. This economic hardship is heightened by the fact that many of the new jobs being created in the U.S. economy are low-wage service jobs, often without benefits. With a growing consensus that a minimum wage increase is not likely to harm employment, there is overwhelming evidence that …

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.