Vanderbilt University Law School
Loyola University Chicago
University of Michigan Law School
William & Mary Law School
Campbell University School of Law
Seattle University School of Law
Georgetown University Law Center
Northwestern University School of Law
Aga Khan University, Institute for Educational Development, Karachi
Following In California’S Footsteps?: Pennsylvania Eliminates The De Minimis Exception In State Wage And Hour Claims,
2023
Penn State Dickinson Law
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,
2023
Penn State Dickinson Law
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 …
Dropping The Ball: How The Growth Of Legalized Sports Betting Threatens The Nil Rights Of Collegiate Athletes,
2023
St. John's University School of Law
Dropping The Ball: How The Growth Of Legalized Sports Betting Threatens The Nil Rights Of Collegiate Athletes, Peter Klensch
St. John's Law Review
(Excerpt)
One of the more storied runs in college basketball history happened in 2014 when the seven-seeded University of Connecticut Huskies (“UConn”) made the Final Four and defeated the University of Kentucky Wildcats to win the Division I Men’s College Basketball Tournament. As the second-lowest seed ever to win the Tournament, the focus should have been on UConn’s celebration in Storrs, Connecticut. Instead, the national media was drawn to comments made by UConn’s star point-guard, Shabazz Napier, who said that he sometimes went to bed “starving.”
The remarks caught the immediate attention of state legislators in Connecticut. Representative Matthew Lesser …
Climate Discrimination,
2023
Peking University School of Transnational Law
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
California Restaurant Workers Seeking Justice At The Workplace,
2023
Golden Gate University School of Law
California Restaurant Workers Seeking Justice At The Workplace, Victoria Chan
GGU Law Review Blog
According to a finding by the Economic Policy Institute, about $2 billion in wages are stolen from workers in California every year. A report by the National Employment Law Project (NELP) found that over 1 in 10 workers in California are paid less than the state minimum wage. To an individual worker, the stolen wages can equal more than two months’ rent, three months of childcare, and nearly a year’s worth of groceries for themselves and their family. These workers are oftentimes people of color, women, and immigrants in the restaurant industry.
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims,
2023
West Virginia University College of Law
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
The Case For The "No-Collar" Exemption: Eliminating Employer-Imposed Office Hours For Overworked, Remote-Ready Workers,
2023
University of St. Thomas, Minnesota
The Case For The "No-Collar" Exemption: Eliminating Employer-Imposed Office Hours For Overworked, Remote-Ready Workers, Jennifer Haskin Will
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Reimagining Labor As A Public Good: De-Privatizing Aspects Of Work,
2023
University of St. Thomas, Minnesota
Reimagining Labor As A Public Good: De-Privatizing Aspects Of Work, Anne Marie Lofaso
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles,
2023
Corporate Counsel, Data Axle
Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham
DePaul Business & Commercial Law Journal
No abstract provided.
An Employment Discrimination Class Action By Any Other Name,
2023
South Texas College of Law Houston
An Employment Discrimination Class Action By Any Other Name, Ryan H. Nelson
Fordham Law Review
In a few years, four out of every five nonunion workers in America will have been forced by their employers to sign an individual arbitration agreement as a condition of employment. This new reality, coupled with the U.S. Supreme Court’s fealty to compelled arbitration and cramped reading of Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), has killed the employment discrimination class action. But that does not imply the death of collective redress for workers suffering from discrimination. In that spirit, this Article engages in two analyses to keep equal employment opportunity alive at scale.
First, it …
The Reality Of Materiality: Why A Heightened Adversity Standard Has No Place In Title Vii Discrimination Claims,
2023
Fordham University School of Law
The Reality Of Materiality: Why A Heightened Adversity Standard Has No Place In Title Vii Discrimination Claims, Abigail Mccabe
Fordham Law Review
Title VII of the Civil Rights Act of 1964 forbids discrimination in the workplace. Except, according to certain lower courts’ limiting interpretations, for when it does not. Circuit courts have spent decades imposing an extratextual materiality requirement onto Title VII in contravention of its broad remedial purpose. Accordingly, countless victims of discrimination are unable to seek recourse because their alleged harm was purportedly too insignificant to constitute actionable discrimination under Title VII. This materiality requirement not only presents an additional substantive hurdle for plaintiffs, but also leads to inconsistency and unpredictability, as each circuit fumbles to define what conduct is …
The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc),
2023
Arab American University
The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.
UAEU Law Journal
Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …
A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment,
2023
Yeshiva University, Cardozo School of Law
A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society
Flyers 2022-2023
No abstract provided.
Racial Pay Equity In “White” Collar Workplaces,
2023
Brooklyn Law School
Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan
Brooklyn Law Review
The racial pay gap in the US is staggering. Wealth disparities between Black, Latinx, and white households reflect the compound negative effects of discrimination, inequality, and lack of opportunities experienced by communities of color. One understudied way to address racial pay equity and the wealth gap is to examine how to widen career paths of high-paying, stable careers for people of color. Career paths are not equal. Some jobs are dead-end, minimum wage-paying, with little to no hope of promotion into a salary that catapults an earner into the next socioeconomic class. Others have growth potential, comfortable wages, and important …
Symposium Welcome,
2023
University of St. Thomas School of Law
Symposium Welcome, Robert K. Vischer
University of St. Thomas Law Journal
No abstract provided.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Privatization Of Employment Claims: Perhaps A Hybrid Approach Will Free American Society From The Epic Trap The Supreme Court Has Sprung Without Forfeiting All Advantages Of Arbitration,
2023
William & Mary Law School
Privatization Of Employment Claims: Perhaps A Hybrid Approach Will Free American Society From The Epic Trap The Supreme Court Has Sprung Without Forfeiting All Advantages Of Arbitration, Weyman Johnson, Kailyn G. Coots, Alexander Edmonds
William & Mary Business Law Review
Mandatory individual arbitration, as a condition of employment, binds many U.S. employees after the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis. In effect, fundamental employment protections—such as relief under current anti-discrimination statutes—are privatized. Now, only a legislative fix will break those bonds. Congress and state legislatures have ventured into the fray, though preemption problems plague the latter, and both seem fixated on either excessively narrow categories (harassment claims in employment) or politically distasteful, broad solutions (no individual arbitration allowed in employment or consumer contracts). This Article acknowledges the quandary that the Epic decision, and the Court’s …
