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Academic Journals
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From:ABA Journal (Vol. 101, Issue 9)FOR COSMETOLOGY STUDENTS, ON-THE-JOB TRAINING isn't just a good idea--it's often the law. According to Duane Morris attorney Ed Cramp, who estimates that more than 80 percent of his practice involves work for...
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From:Employee Relations Law Journal (Vol. 35, Issue 3) Peer-ReviewedThis article considers unpaid internships under the Fair Labor Standards Act and advises employers to analyze any existing or contemplated program for unpaid internships and ensure that it is in compliance with...
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From:Review of Social Economy (Vol. 62, Issue 2) Peer-ReviewedAbstract Attention to the implicit and explicit wage theories articulated by economic actors and embedded in public policy reveals the underlying social norms and values in specific historical and industrial contexts....
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From:Trial (Vol. 57, Issue 9)The modern 'gig economy' has fueled the misclassification of employees as independent contractors, especially in the transportation sector. Vindicating their labor rights is crucial. The story of America is...
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From:Public Personnel Management (Vol. 40, Issue 2) Peer-ReviewedModifications to the Fair Labor Standards Act promulgated by the Department of Labor as the FairPay Overtime Initiative in 2004 have produced an increasing number of workers subject to overtime payments and a...
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From:Harvard Law Review (Vol. 129, Issue 3)Employment Law--Legal Profession--Second Circuit Holds that Document Review is not Per Se Practice of Law Under The FLSA.--Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, No. 14-3845-cv, 2015 WL 4476828 (2d Cir. July...
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From:American Criminal Law Review (Vol. 33, Issue 3)Sources of criminal liability in the employment context include the Fair Labor Standards Act (FLSA), the Occupational Health and Safety Act (OSH), and the Labor-Management Reporting and Disclosure Act (LMRDA). Criminal...
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From:Employee Relations Law Journal (Vol. 42, Issue 1) Peer-ReviewedThe Department of Labor's Wage and Hour Division recently issued an Administrator's Interpretation that provides broader "joint employment" liability for employers under the Fair Labor Standards Act and the Migrant and...
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From:Fordham Urban Law Journal (Vol. 48, Issue 1)INTRODUCTION Tin Aye emigrated from a refugee camp in Thailand to Colorado in 2007 with her husband and two children. She worked at the JBS meatpacking plant in Greeley. On May 17, 2020, she died of complications from...
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From:Employee Relations Law Journal (Vol. 42, Issue 3) Peer-ReviewedDoes the anti-retaliation provision of the Fair Labor Standards Act of 1938 (the FLSA) apply to management level employees who express opposition to their employers' wage and hour practices? Having lost his claim...
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From:Army Lawyer (Issue 1)Since 2007, Army installations have found themselves on the receiving end of Fair Labor Standards Act (FLSA) "group grievances" filed by the same small law firm in Baltimore, Maryland. The FLSA provides minimum...
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From:Monthly Labor Review (Vol. 110) Peer-ReviewedFederal minimum wage legislation provides a floor on the hourly wage rate that employers are allowed to pay most workers. First enacted as part of the Fair Labor Standards Act of 1938, this statute now requires a wage...
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From:Detention and Corrections Caselaw Quarterly (Issue 67)Presented alphabetically by year within each major category. 1. ACCESS TO COURT U.S. District Court ATTORNEY FEES Rodriguez v. County of Los Angeles, 96 F.Supp.3d 1012 (C.D. Cal. 2014). State detainees...
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From:ILR Review (Vol. 53, Issue 4) Peer-ReviewedDORA L. COSTA [*] When the Fair Labor Standards Act was first implemented, a 5% reduction in the length of the standard workweek reduced by at least 18% the proportion of men and women working more than 40 hours per...
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From:Florida Bar Journal (Vol. 83, Issue 7)You love that your secretary Betty plows through lunch to get your letters done and out to the client, taking bites of her turkey on rye in between keystrokes. You empathize with summer associate Joe, working until...
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From:The CPA Journal (Vol. 71, Issue 6) Peer-ReviewedThe Fair Labor Standards Act (FLSA) requires employers to pay their employees for all hours worked, and to pay overtime for hours in excess of forty per week. Accordingly, understanding the definition of "hours worked"...
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From:American Criminal Law Review (Vol. 39, Issue 2)I. INTRODUCTION This Article is a survey of the criminal penalties used to protect workers in the areas of occupational safety and employment practices. These penalties are part of larger regulatory measures enacted...
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From:Yale Journal of Law & Technology (Vol. 20, Issue 1)Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal...
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From:Harvard Journal of Hispanic Policy (Vol. 27) Peer-ReviewedIntroduction In the past several years, researchers and pundits have spoken about the growth of the US Latino community in very narrow terms. The national discourse has mainly focused on the electoral impact our...
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From:Employee Relations Law Journal (Vol. 39, Issue 2) Peer-ReviewedThe author suggests that, for the present, employers faced with collective actions under the Fair Labor Standards Act, Equal Pay Act, or Age Discrimination in Employment Act should be free to make offers of judgment...