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Articles 1 - 7 of 7
Full-Text Articles in Law
Locating The 'Nanny' In Legal Theory, Akshat Agarwal
Locating The 'Nanny' In Legal Theory, Akshat Agarwal
National Law School Journal
Paid domestic workers pose a challenge to legal theorists since they occupy the unique intersection of the market and the home. While being paid for the ‘care’ they provide, their work is characterised by a high degree of informality and is usually also considered emotive. I use India as a case study to show how attempts to include paid domestic workers within formal labour law protections have been consistently unsuccessful, which demonstrates the unique nature of paid domestic work. At the same time, academic arguments for the inclusion of such workers in family law frameworks raise several practical concerns and …
Following In California’S Footsteps?: Pennsylvania Eliminates The De Minimis Exception In State Wage And Hour Claims, Lauren E. Stahl
Following In California’S Footsteps?: Pennsylvania Eliminates The De Minimis Exception In State Wage And Hour Claims, Lauren E. Stahl
Dickinson Law Review (2017-Present)
Under the Fair Labor Standards Act (“FLSA”), employers risk receiving wage and hour violations if they fail to compensate employees for all “hours worked” or fail to adhere to minimum wage and overtime requirements. The de minimis doctrine provides an exception to this general rule and excuses employers from compensating employees for insignificant amounts of time spent on otherwise compensable off-the-clock work activities. Examples of de minimis off-the-clock work activities include waiting for a computer to load or waiting to log onto a computer network. These activities are considered de minimis because they take only a minute or less, and …
It’S About Time: Rejection Of The De Minimis Doctrine In State Wage And Hour Laws, Abigail Britton
It’S About Time: Rejection Of The De Minimis Doctrine In State Wage And Hour Laws, Abigail Britton
Dickinson Law Review (2017-Present)
Since the passage of the Fair Labor Standards Act (“FLSA”) in 1938, courts have grappled with how to interpret which activities an employee performs for their employer should be considered “work.” The FLSA requires employers pay a minimum wage, pay overtime, and keep records of their employees’ time. However, to calculate these wages based on hours worked, the employer must know what constitutes “work.” Over the 80 years since its enactment, federal courts have adopted rules to determine what counts as work. One doctrine courts apply is the de minimis doctrine. Under the de minimis doctrine, employers do not need …
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 …
When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso
Law Faculty Scholarship
Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.
The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez
The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez
Marquette Sports Law Review
No abstract provided.
The Overwatch League's Structure Provides Esports With The Ultimate Charge For A "Gamers Union" Transcendence, Kyle T. Kasper
The Overwatch League's Structure Provides Esports With The Ultimate Charge For A "Gamers Union" Transcendence, Kyle T. Kasper
Marquette Sports Law Review
No abstract provided.