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Labor Law

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.

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

Showcase Panel I: Youth, Employment, and the Law - Event Video

2014 National Lawyers Convention
Richard A. Epstein, Chai Feldblum, Gail Heriot, J.H. "Rip" Verkerke, Jennifer Walker Elrod November 14, 2014

This panel will examine intergenerational equity issues raised by employment discrimination laws, including those protecting the elderly from discrimination.  Those laws, minimum wage laws, laws favoring unionization, and laws countering arbitrary dismissal have obvious appeal.  But many of those very laws greatly raise the costs to business of entry-level hiring.  One consequence may be that many young people are only able to enter the work force as interns or fellows.  This may be especially true for minorities.  Are these costs worth the benefits?  Is there some middle ground?

The Federalist Society's Practice Groups presented this showcase panel on "Youth, Employment and the Law" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law, and James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School
  • Hon. Chai Rachel Feldblum, U.S. Equal Employment Opportunity Commission
  • Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law
  • Prof. J. Hoult "Rip" Verkerke, Director, Program for Employment and Labor Law Studies, University of Virginia School of Law
  • Moderator: Hon. Jennifer W. Elrod, U.S. Court of Appeals, Fifth Circuit

The Mayflower Hotel
Washington, DC