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Employment Law

Is Discrimination Unfair?

Though multiple federal laws explicitly bar discrimination in consumer transactions, many consumer transactions fall in the gaps between those laws. But recently, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) have attempted to plug those gaps on the theory that discrimination is unfair within the meaning of

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Vindicating Retirees

Through ERISA, Congress prioritized the competent management of retirement plans held in trust for Americans, codifying strict fiduciary obligations and providing broad relief to those injured by fiduciaries failing to execute those duties. Specifically, ERISA provides retirement plan participants and beneficiaries, along with plans themselves and the Secretary of Labor,

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Back to the Drawing Board! Legislating Hollywood

The United States Department of Justice “contended that equal employment opportunity in the broadcast industry could ‘contribute significantly toward reducing . . . discrimination in other industries’ because of the ‘enormous impact . . . television . . . [has] upon American life.’” Courts have also recognized that “communities . . . ’[must] take an active interest in the . . . quality of [television

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Lean Weeks and Fat Weeks: A Commissioned Employee's Regular Rate of Overtime Pay

This Note focuses on the uncertainty inherent in overtime calculations for certain categories of employees who earn commission in addition to hourly wages. Part I of this Note gives the relevant history behind overtime and “regular rate” calculation. Part II analyzes the different methods of determining an employee’s regular

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Lenity on Me: LVRC Holdings LLC v. Brekka Points the Way Toward Defining Authorization and Solving the Split Over the Computer Fraud and Abuse Act

According to one recent survey, almost 60% of employees who leave their jobs take company data with them. Indeed, technological advances have made it easier than ever for employees to walk out the door with confidential information: “The digital world is no friend to trade secrets.” Companies’ data loss prevention

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