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Full-Text Articles in Law

Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner Jun 2017

Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner

Cleveland State Law Review

No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …


Amicus Curiae Brief Of Equality Ohio In Support Of Intervenor Urging Reversal, Doron M. Kalir, Kenneth J. Kowalski Apr 2017

Amicus Curiae Brief Of Equality Ohio In Support Of Intervenor Urging Reversal, Doron M. Kalir, Kenneth J. Kowalski

Law Faculty Briefs and Court Documents

Title VII’s plain language bars discharge of “any individual”—whether transgender or not—“because of such individual’s . . . sex.” It applies whenever employers take gender into account in making employment decisions. It is undisputed that the employer in this case based his decision to terminate Ms. Stephens solely on sex-based considerations. To be sure, he could have terminated Ms. Stephens for a wide array of reasons—tardiness, failure to perform, disciplinary issues—or for no reason at all. Under those circumstances, such termination—even of a transgender person—would not be “because of such individual’s sex.” But that is not the case here. Here, …