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Full-Text Articles in Labor and Employment Law
To Be Or Not To Be A Penalty: Defining The Recovery Under California's Meal And Rest Period Provisions, Scott Edward Cole, Matthew R. Bainer
To Be Or Not To Be A Penalty: Defining The Recovery Under California's Meal And Rest Period Provisions, Scott Edward Cole, Matthew R. Bainer
Golden Gate University Law Review
This article argues that the DLSE's proposed regulations are in fact a redefinition of the pay provided for under Section 226.7. California Labor Code Section 226.7 was intended to, was explicitly drafted to, and in fact does, provide for a premium wage rather than a penalty. Parts I and II provide a review of mandatory meal and rest periods. Part III discusses the nature of the Section 226.7 pay provision, the DLSE's proposed regulations, and the DLSE's accompanying statement of reasons supporting these regulations. Parts IV analyzes Labor Code Section 226.7 under the axioms of statutory interpretation, demonstrating that the …
Employment Law - Interpreting The Fair Labor Standards Act: Dirty Deeds Done Dirt Cheap In Mccune V. Oregon Senior Services, Stephen K. Lightfoot Ii
Employment Law - Interpreting The Fair Labor Standards Act: Dirty Deeds Done Dirt Cheap In Mccune V. Oregon Senior Services, Stephen K. Lightfoot Ii
Golden Gate University Law Review
In McCune v. Oregon Senior Services the Ninth Circuit held that a group of domestic service employees were excluded from minimum wage coverage under the Fair Labor Standards Act of 1938 (FLSA) as they performed companionship services for the elderly and infirm. The employees would have been entitled to minimum wage if the services they performed fell within an exception to the FLSA's companionship services exemption. The Ninth Circuit based its decision on the Secretary of Labor's interpretation of the 1974 amendments to the FLSA. The court found that these domestic service workers were not trained personnel and were merely …
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Golden Gate University Law Review
The concept of comparable worth is rooted in a simple premise: salaries should be based on the intrinsic value of the employee's work to the employer. Yet attempts to enact comparable worth measures have caused controversy in state legislatures, city boardrooms, and courts. Increasingly, the debate has centered on the market's role in setting wages. Comparable worth advocates argue that employers pay women a sex-slanted wage which is illegal under Title VII. Employers, in turn, urge that far from being discriminatory, such wages reflect the market's workings, and are necessary to their survival. The defense has hitherto proven remarkably successful …