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Articles 1 - 11 of 11
Full-Text Articles in Law
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 Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships.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." …
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
Law Student Publications
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 Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships.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 undue judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc. …
A New Class Of Worker For The Sharing Economy, Megan Carboni
A New Class Of Worker For The Sharing Economy, Megan Carboni
Richmond Journal of Law & Technology
Jennifer Guidry begins her workday at four a.m. She begins by vacuuming her personal car, preparing it to "ferry around strangers" for Uber, Lyft, and Sidecar. Uber, Lyft, and Sidecar are "ride services that let people summon drivers on demand via [electronic] apps." Her phone pings just moments after four-thirty a.m.-an Uber customer requesting a ride to the airport. She accepts immediately, makes a round trip to the airport in just over an hour, and pockets twenty-eight dollars. This does not account for the cost of gas or wear and tear on her car.6 She performs the airport loop a …
Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown
Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown
Richmond Journal of Global Law & Business
No abstract provided.
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.
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
The Adea In The Wake Of Seminole, Edward P. Noonan
The Adea In The Wake Of Seminole, Edward P. Noonan
University of Richmond Law Review
Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
University of Richmond Law Review
Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
University of Richmond Law Review
Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
University of Richmond Law Review
Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Equal Pay: The Hospital-Nursing Home Dilemma
Equal Pay: The Hospital-Nursing Home Dilemma
University of Richmond Law Review
The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter …