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Wage & Hour

Rethinking Wage Theft Criminalization

Rethinking Wage Theft Criminalization

“Wage theft” is an evocative turn of phrase, but how literally should we take it? 

Used to refer to employers underpaying workers or denying them compensation to which they are entitled, the phrase increasingly crops up in conversations about work law and policy. Scholars, activists, and politicians have leveraged its powerful rhetorical force: theft is a crime and thus invokes issues of moral culpability and wrongdoing. 

The Case for Tipping and Unrestricted Tip Pooling

The Case for Tipping and Unrestricted Tip Pooling

n January 11, 2018, Jon Nash of Emory University School of Law and I submitted comments  to the Department of Labor (“DOL”) on its proposed regulation regarding the freedom of employers that pay direct cash wages of at least the Federal minimum wage and do not take a tip credit to engage in the pooling of tips, even among employees who are not customarily and regularly tipped.  We are also publishing  a forthcoming article on the very subject of the proposed regulation, Samuel Estreicher & Jonathan Remy Nash, The Case for Tipping and Unrestricted Tip Pooling: Promoting Intrafirm Cooperation, 59 Boston College Law Review (Issue No.1, Jan. 2018). Our comments make the following principal points:

State Attorneys General:  Stepping Up to Protect People on the Job

State Attorneys General:  Stepping Up to Protect People on the Job

Fighting the dangers of tobacco, seeking redress for homeowners during the mortgage crisis, and most recently standing up against the Muslim ban – state attorneys general have long been at the forefront of efforts to protect the well-being of the people of their states.  In recent months, progressive state attorneys general have emerged as some of the nation’s foremost champions of civil rights and of humane, sensible policy in the face of declining protection at the federal level. As income inequality grows and too many American workers struggle to get a fair deal in our economy, the role of state attorneys general in enforcing statutes that protect workers’ economic interests has taken on new importance.  To build on the energy and expertise of these public servants, under the auspices of the Labor and Worklife Program at Harvard Law School, we recently hosted attorneys from the offices of 11 state attorneys general last week to discuss strategies and best practices for enforcing labor laws