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Full-Text Articles in Law
Federal Tails And State Puppy Dogs: Preempting Parallel State Wage Claims To Preserve The Integrity Of Federal Group Wage Actions , Rachel K. Alexander
Federal Tails And State Puppy Dogs: Preempting Parallel State Wage Claims To Preserve The Integrity Of Federal Group Wage Actions , Rachel K. Alexander
American University Law Review
This article addresses the flood of litigation washing through United States federal courts on wage-and-hour group actions and the divergent corresponding district-court rulings. The rapidly growing split in authority relates to the fact that federal law requires that a group wage action be maintained as an opt-in "collective action" while state wage laws may be pursued through an opt-out "class action." With little circuit-court authority on the matter, the parties' arguments and courts' analysis fall all over the map. Despite the myriad of arguments in support of and in opposition to maintaining a state-law opt-out class action in the same …
The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith
The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith
American University Law Review
With the National Labor Relations Act of 1935 (NLRA), Congress intended to provide private-sector employees with the right to organize collectively for their mutual aid and protection in the workplace. However, the NLRA faces a tsunami of criticism, much of which highlights its inadequacies with respect to protecting collective activity among employees. In light of the NLRA’s myriad limitations, some scholars have developed promising proposals to identify new legal bases for protecting collective activity among employees outside of the NLRA. This Article redirects our gaze back to the NLRA’s potential to protect some forms of collective activity. It elaborates the …