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Labor & Employment Law

Young Legal Scholars Paper Presentations - Event Audio/Video

17th Annual Faculty Conference
William Baude, Charles Korsmo, Minor Myers, Christopher Newman, Christopher J. Walker, Kevin Walsh, James Lindgren, Keith N. Hylton, Richard W. Garnett January 09, 2015

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Young Legal Scholars Paper Presentations
2:30-4:30 pm
In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow

  • Prof. William Baude, University of Chicago Law School, "Is Originalism the Law?"
  • Prof. Charles Korsmo, Case Western University School of Law, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Minor Myers, Brooklyn Law School, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Christopher Newman, George Mason University School of Law, "Bailment and the Property/Contract Interface"
  • Prof. Christopher Walker, Ohio State University Moritz College of Law, "Inside Agency Interpretation"
  • Prof. Kevin Walsh, University of Richmond School of Law, "In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions"
  • Commentor: Prof. James Lindgren, Northwestern University School of Law
  • Commentor: Prof. Keith Hylton, Boston University School of Law
  • Moderator: Prof. Richard Garnett, University of Notre Dame Law School

Washington, DC
January 3, 2015

Integrity Staffing Solutions v. Busk - Post-Decision SCOTUScast

SCOTUScast 12-18-14 featuring Karen Harned
Karen Harned December 18, 2014

On December 8, 2014, the Supreme Court issued its decision in Integrity Staffing Solutions v. Busk. This case concerned whether time employees spend undergoing mandatory security screenings after work is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act, which clarifies that certain activities are generally not compensable working time under the FLSA.

Justice Thomas delivered the opinion for a unanimous Court, which held that the time that employees spent waiting to undergo (and undergoing) security screenings is not compensable under the FLSA. Justice Sotomayor filed a concurring opinion, which Justice Kagan joined. The judgment of the Ninth Circuit was reversed.

To discuss the case, we have Karen Harned, who is the Executive Director of the National Federation of Independent Business Small Business Legal Center.

Young v. United Parcel Service - Post-Argument SCOTUScast

SCOTUScast 10-15-14 featuring Teresa Collett
Teresa Collett December 15, 2014

On December 3, 2014, the Supreme Court heard oral argument in Young v. United Parcel Service. This case concerns whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to employees who are not pregnant but have work limitations, to provide work accommodations to pregnant employees who share similar abilities and limitations.

To discuss the case, we have Teresa Collett, who is a Professor of Law at the University of St. Thomas School of Law.

The Minimum Wage - Event Video

2014 National Lawyers Convention
Ross Eisenbrey, Diana Furchtgott-Roth, Karen Harned, David Weil, William Kuntz November 14, 2014

In January 2014, in his State of the Union Address, President Obama called on Congress to raise the national minimum wage to $10.10 an hour.  In February, President Obama used his pen to raise the minimum wage for employees working on government contracts to $10.10 through an Executive Order.  This panel will explore the policy and economics of increasing the minimum wage, which the White House asserts will lift wages for millions of Americans and boost the bottom lines of businesses.

The Federalist Society's Labor & Employment Law Practice Group presented this panel on "The Minimum Wage" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Ross Eisenbrey, Vice President, Economic Policy Institute and former Member, U.S. Occupational Safety and Health Review Commission
  • Ms. Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research, former chief economist, U.S. Department of Labor
  • Mrs. Karen R. Harned, Executive Director, National Federation of Independent Business Small Business Legal Foundation
  • Hon. David Weil, Administrator, Wage and Hour Division, U.S. Department of Labor
  • Moderator: Hon. William F. Kuntz, II, United States District Court, Eastern District of New York

Mayflower Hotel
Washington, DC