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Articles 91 - 101 of 101
Full-Text Articles in Labor and Employment Law
Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review
Michigan Law Review
In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …
Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies
Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies
Michigan Law Review
Respondent construction firm was engaged in building a dam, the sole purpose of which was to enlarge a reservoir that supplied water to the city of Corpus Christi, Texas. Industrial producers of goods for interstate commerce and operators of instrumentalities of interstate commerce consumed nearly half of the water supplied by the city's system. The Secretary of Labor sought an injunction against violations of the overtime provisions of the Fair Labor Standards Act The district court granted the injunction; the court of appeals reversed, relying primarily upon the "new construction" doctrine. On certiorari to the United States Supreme Court, held …
Labor Law - Fair Labor Standards Act - Recovery In Suit By Secretary Of Labor Of Wages Lost Through Wrongful Discharge, Robert Brooks
Labor Law - Fair Labor Standards Act - Recovery In Suit By Secretary Of Labor Of Wages Lost Through Wrongful Discharge, Robert Brooks
Michigan Law Review
Several employees of respondent had requested the Secretary of Labor to institute an action against the respondent under the Fair Labor Standards Act to recover unpaid minimum wages and overtime compensation. As a result, the employees were discharged, in violation of section 15 (a) (3) of the act. The Secretary brought an action under section 17 to enjoin respondents from the violation, for reinstatement and for wages lost due to the wrongful discharge. The court of appeals held that the district court had no jurisdiction under section 17 to award wages lost through wrongful discharge. On certiorari to the United …
Labor Law, Paul H. Sanders
Labor Law, Paul H. Sanders
Vanderbilt Law Review
The body of statutory wording, regulations and court and administrative decisions which clusters around such familiar federal landmarks as the Labor-Management Relations Act ("Taft-Hartley") and the Fair Labor Standards Act ("Wage and Hour") fall far short of constituting the entire subject matter of Labor Law. State statutes or the common law of the state may be much more in point in providing the legal framework for solving a particular problem of the employment relationship, whether viewed individually or collectively. The law which governs the various aspects of the "human factor in industry," or which prescribes the ground rules under which …
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
Michigan Law Review
When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Michigan Law Review
It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
"Portal To Portal" Time Constitutes Work Under The Fair Labor Standard Act
"Portal To Portal" Time Constitutes Work Under The Fair Labor Standard Act
Indiana Law Journal
Notes and Comments: Master and Servant
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E.
Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E.
West Virginia Law Review
No abstract provided.
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …