Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (16)
- University of Richmond (4)
- William & Mary Law School (4)
- Maurer School of Law: Indiana University (3)
- Vanderbilt University Law School (3)
-
- Washington and Lee University School of Law (3)
- Brooklyn Law School (2)
- Pepperdine University (2)
- The Catholic University of America, Columbus School of Law (2)
- The University of Akron (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- American Dental Association (1)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Chicago-Kent College of Law (1)
- DePaul University (1)
- Fordham Law School (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- Seattle University School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Michigan Law Review (13)
- Indiana Law Journal (3)
- University of Michigan Journal of Law Reform (3)
- University of Richmond Law Review (3)
- Washington and Lee Law Review (3)
-
- Akron Law Review (2)
- Catholic University Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Vanderbilt Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- American University Law Review (1)
- Barry Law Review (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Brooklyn Law Review (1)
- Chicago-Kent Law Review (1)
- DePaul Journal of Sports Law (1)
- Dickinson Law Review (2017-Present) (1)
- Fordham Urban Law Journal (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- NYLS Law Review (1)
- Oklahoma Law Review (1)
- Richmond Journal of Global Law & Business (1)
- Seattle University Law Review (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- The Journal of the Michigan Dental Association (1)
- UNLV Gaming Law Journal (1)
- University of Colorado Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Miami Business Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
Articles 1 - 30 of 59
Full-Text Articles in Law
Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
This article reviews federal law regarding employer obligations to new mothers, including the Fair Labor Standards Act and the Providing Urgent Maternal Protections for Nursing Mothers Act. The article contains suggestions for ways to support new mothers returning to work in a practice. This article is an installment of the MDA Journal’s monthly Staff Matters® department.
Raising The Floor From The Back Door: Shareholder Proposals As A Mechanism For Raising Minimum Wage, Laura Carrier
Raising The Floor From The Back Door: Shareholder Proposals As A Mechanism For Raising Minimum Wage, Laura Carrier
Washington and Lee Law Review
When adjusted to reflect inflation, the federal minimum wage is almost 40 percent lower than it was in 1970. The Biden Administration tried and failed to legislatively raise the minimum wage, and political deadlock will continue to kill legislative change. The shareholder proposal, a nonbinding recommendation to management that shareholders can submit for a vote at a public corporation’s annual meeting, presents a path for improving the wages of many workers in the absence of federal legislation. This Note analyzes the best approach to crafting a shareholder proposal on minimum wage that will prompt an effective increase in the minimum …
You Guys Are Getting Paid? Time For Interns To Cash In On The Flsa, Lauren Hand
You Guys Are Getting Paid? Time For Interns To Cash In On The Flsa, Lauren Hand
Dickinson Law Review (2017-Present)
Under the Fair Labor Standards Act (“FLSA”), individuals who qualify as employees are entitled to the federal minimum wage. Because the statute itself gives little guidance about who meets the FLSA definition of an employee, courts generally determine employee status by applying the economic reality test, which assesses the economic circumstances of the relationship and tends toward broad inclusivity. The Supreme Court, however, created a caveat in 1947 in Walling v. Portland Terminal, holding that trainees might be uniquely excluded from FLSA employee status and its attending benefits. The trainee exception, as it has since become known, has expanded in …
Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris
Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris
Washington and Lee Law Review
Internships have skyrocketed in popularity as they become the new entry-level position for professional careers across the country. Despite their popularity, the legality of internships falls in a gray area created by a vague statute and a flexible, factor-based judicial test. The Fair Labor Standards Act (FLSA), which regulates employment relationships and importantly mandates a minimum wage and hour requirements, was written long before internships became commonplace and provides little direction for how to regulate these positions. In this void, both the Department of Labor and federal courts have developed guidance, the ultimate culmination of which is the modern primary …
Comment: Unpaid Internships And The Rural-Urban Divide, Susan D. Carle
Comment: Unpaid Internships And The Rural-Urban Divide, Susan D. Carle
Washington and Lee Law Review
In this Comment, I first note how much the existing literature on unpaid internships under the FLSA focuses on urban contexts. Next, I briefly sketch some of the literature on the rural-urban divide, a topic I argue needs much more analysis from legal scholars in coming years. Third, I show how Morris’s work brings together these two literatures, which to this point have not been in conversation with each other. Finally, I note a few questions Morris’s work raises for future attention.
The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew
The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew
DePaul Journal of Sports Law
Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …
Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis
University of Arkansas at Little Rock Law Review
No abstract provided.
The Motor Carrier Excuse, David M. Cole
The Motor Carrier Excuse, David M. Cole
University of Arkansas at Little Rock Law Review
No abstract provided.
The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow
The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow
University of Colorado Law Review
Buried deep within the 2,232-page omnibus federal spending bill passed by Congress in March 2018 was an obscure, halfpage provision entitled the "Save America's Pastime Act" (SAPA). The SAPA was inserted into the spending bill at the last minute at the behest of Major League Baseball (MLB) following several years-and several million dollars' worthof lobbying efforts. MLB pursued the legislation to insulate its minor league pay practices from legal challenge after they had become the subject of a federal class action lawsuit alleging that the league's teams failed to pay minor league players in accordance with the Fair Labor Standards …
A Faulty Federal Standard: A Call For A Federal Minimum Wage That Is Actually “Fair” Under The Fair Labor Standards Act, Amanda Rose Kapur
A Faulty Federal Standard: A Call For A Federal Minimum Wage That Is Actually “Fair” Under The Fair Labor Standards Act, Amanda Rose Kapur
University of Miami Business Law Review
When the average American works 40 hours a week on the federal minimum wage and their family unit is still under the poverty line, there is something inherently wrong. In America, one has to work 93 hours a week just to accommodate a basic level of living on minimum wage. Working the standard 40 hours a week should grant the worker the right to live above the poverty line.
Section I of this Comment will discuss the need for minimum wage reform by looking at the living wage gap and the benefits of raised minimum wages. This section will also …
A Return On Investment: How The Breastfeeding Promotion Act Can Change The Make-Up Of The Private Workforce, Krishna Jani
A Return On Investment: How The Breastfeeding Promotion Act Can Change The Make-Up Of The Private Workforce, Krishna Jani
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Bare Minimum: Stripping Pay For Independent Contractors In The Share Economy, Michael H. Leroy
Bare Minimum: Stripping Pay For Independent Contractors In The Share Economy, Michael H. Leroy
William & Mary Journal of Race, Gender, and Social Justice
My study explores a small but revealing corner of the share economy, where an individual’s private resources are bartered for limited use by others in exchange for compensation. Strip clubs create value for owners by commoditizing sexual labor. Clubs avoid employment in favor of independent contracting with dancers. They pay no wages or benefits; patrons pay dancers with fees and tips. But clubs extract entry fees from dancers who work; require them to rent dressing rooms and stage time; and compel them to share tips with DJs, emcees, house moms, bouncers, and bartenders. My research identified seventy-five federal and state …
Glatt V. Fox Searchlight Pictures, Inc., Rodger Quigley
Glatt V. Fox Searchlight Pictures, Inc., Rodger Quigley
NYLS Law Review
No abstract provided.
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
University of Richmond Law Review
Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …
Joint Employers: The Nevada Casino Operator's Role In Regulating Labor Conditions Of Venue Employees, Mary Tran
Joint Employers: The Nevada Casino Operator's Role In Regulating Labor Conditions Of Venue Employees, Mary Tran
UNLV Gaming Law Journal
No abstract provided.
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Brooklyn Law Review
Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Indiana Law Journal
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …
Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.
Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.
Akron Law Review
The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.
This section focuses on the issue of teenage greed. First, the …
Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer
Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer
Akron Law Review
This Comment analyzes the resurgence of sovereign immunity under the Eleventh Amendment – what could be construed as a sort of “new federalism” – specifically in the context of federal employment statutes and state employees’ rights there under. The analysis focuses on the Fair Labor Standards Act (hereinafter FLSA), the Age Discrimination in Employment Act (hereinafter ADEA), and the Family and Medical Leave Act (hereinafter FMLA), because these statutes appear to be among those that are the most threatened by the Supreme Court’s recent actions. This Comment concludes that, because the scales are now tipped in favor of states' rights …
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
The Journal of Business, Entrepreneurship & the Law
Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among the circuits. It then argues for a limited exception to the FLSA inspired by the “small business exception” to the Affordable Care Act.
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy
Seattle University Law Review
This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Catholic University Law Review
No abstract provided.
Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart
Catholic University Law Review
No abstract provided.
Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel
Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel
Chicago-Kent Law Review
The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory …
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
Barry Law Review
This article discusses the battle in the courts as to whether highly compensated pharmaceutical sales representatives are entitled to overtime pay under the Fair Labor Standards Act, or whether they are excluded from such an entitlement under one or more of the Act’s “exemptions.” This article also conducts a review of the courts’ various conflicting positions and charts a course for addressing the issue before the Courts of Appeals and ultimately the Supreme Court.
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Richmond Journal of Global Law & Business
No abstract provided.
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Oklahoma Law Review
No abstract provided.