Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Class Action; Discrimination; Employment Law; Civil Rights; Employment Discrimination; Age Discrimination (1)
- Employment Law; Hours & Wages; Minimum Wage; Labor Law; Workers' Rights (1)
- Employment Law; Maternity Leave; Unemployment (1)
- Employment Law; Statutory Interpretation; Entertainment Law (1)
- Health Law; Employment Law; Genetics; Model Acts (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow
Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow
Faculty Publications By Year
This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.
Bottom Up Workplace Law Enforcement: An Empirical Analysis, Charlotte S. Alexander, Arthi Prasad
Bottom Up Workplace Law Enforcement: An Empirical Analysis, Charlotte S. Alexander, Arthi Prasad
Faculty Publications By Year
This article presents an original analysis of newly-available data from a landmark survey of 4,387 low-wage, front-line workers in the three largest U.S. cities. We analyze data on worker claims, retaliation, and legal knowledge to investigate what we call “bottom up” workplace law enforcement, or the reliance of many labor and employment laws on workers themselves to enforce their rights. We conclude that bottom up workplace law enforcement may fail to protect the workers who are most vulnerable to workplace rights violations, as they often lack the legal knowledge and incentives to complain that are prerequisites for enforcement activity.
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas
Faculty Publications By Year
This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …
Explaining Peripheral Labor: A Poultry Industry Case Study, Charlotte S. Alexander
Explaining Peripheral Labor: A Poultry Industry Case Study, Charlotte S. Alexander
Faculty Publications By Year
Drawing on data and anecdotal accounts from a wide variety of sources, this Article investigates the law and economics of peripheral labor, so called because low wage, low skill workers on the periphery are excluded from the promotion ladders, job security, and steadily increasing pay available to supervisory and managerial workers in the core. Using the U.S. poultry industry as a case study, this Article describes the terms and conditions of peripheral poultry work: de-skilled jobs, low wages, lack of job security, and negligible prospects for promotion. Worker bargaining power is also highly constrained, as workers have little ability to …
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Faculty Publications By Year
In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …
A Regulatory Model For Genetic Testing In Employment, Jack F. Williams
A Regulatory Model For Genetic Testing In Employment, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Faculty Publications By Year
No abstract provided.