Schultz v wheaton glass co. Police science final Flashcards 2019-02-09
Schultz v wheaton glass co Rating:
9,4/10
1871
reviews
Shultz v. Wheaton Glass Co., 319 F. Supp. 229 (D.N.J. 1970) :: Justia
The highest rates of child labor are in sub-Saharan Africa 20. If the Court receives the funds under these provisions the money will remain on deposit with the Treasurer of the United States subject to withdrawal, by court order, on a petition by a claimant. Mistaken judgments regarding fact patterns, and whether there was coverage of particular work performances by the Act, do not necessarily indicate any legal confusion or novelty in judicial construction. Men and women may be paid differently if there are seniority differences C. It is axiomatic that the determination of each case turns upon its own peculiar facts. The liquidated damages provision in § 16 b was not included primarily as compensation for the withholding of money. Since the wrongful discharge prohibited by § 15 a 3 of the Act, 29 U.
The litigation in American Can is as extensive as that here. After a thorough investigation by its inspectors of Wheaton's operations, at the behest of both Wheaton and the Union, the Department informed Wheaton at least a year before commencement of the present action that it was not in compliance with the Act. The First Circuit reversed a district court award of back pay to a single employee because a novel question was involved. Contemporaneously with the submission of the proposed judgments, Wheaton moved for an order dismissing that portion of the Secretary's action which, under § 217 of the Fair Labor Standards Act, seeks an award of back wages on behalf of the female employees. Section 16 c and § 17 are not, therefore, in pari materia. Four of these cases reversed district court denials of the precise relief demanded in the instant case. The final argument advanced by Wheaton is that should this Court award back pay, then the Secretary's request for interest thereon should, in equity and because of its good faith, be denied.
Mindful of its avowed purpose in preventing deleterious effects upon the national economy caused by discriminate wage scales, Congress enacted §§ 16 and 17 of the Act 29 U. Other errors biases or unclear standards. Well, each person will probably have a different training program depending upon what we expect to use them for. The job classifications are different B. Were it otherwise, Congress would only have had to amend Section 16 c to such effect.
Establishing a comparable-worth plan typically involves the following four basic steps: 1. The 1949 Act, as was pointed out hereinabove, removed from the original bill the provision that the Secretary could act under § 16 c with the employee's consent rather than on his request. For the reasons stated below, we reverse. This court reversed and remanded the case to the district court with direction to enter an appropriate judgment in favor of the plaintiff. The fifth, Harper Buffing affirmed per curiam the grant of such relief.
Chapter 17: Government and Legal Issues in Compensation Flashcards
Between 1950 and 1960, women with full time jobs earned on average between 59—64 cents for every dollar their male counterparts earned in the same job. An analogy would be the adoption of an analogous statute of limitations as a measure for laches. Astute professionals must be aware of legislative and judicial currents to protect both employers' and employees' interests and to ensure that compensation practices conform to judicial interpretation. Under these circumstances, provided the rate paid to the employee in training status is paid, regardless of sex, under the training program, the differential can be shown to be attributable to a factor other than sex and no violation of the equal pay standard will result. We hold its conduct to be illegal in this regard. This is accomplished by authorizing adjudication in a single action for injunction by the Secretary of all substantive issues of coverage, exemption, and violation and by enabling the courts to grant the remedies necessary to extinguish all matters in controversy. The initial decision of the district court was a judgment in favor of the defendant.
One purpose of the Fair Labor Standards Act is the protection of competing enterprises from the unfair competition which would result from an employer using as working capital employee compensation unlawfully withheld. Were it otherwise, Congress would only have had to amend Section 16 c to such effect. Prior to 1949, § 17 of the Act provided that the district courts had jurisdiction to restrain future violations of the Act. Does this imply that once the oldest generation of women has retired the wage gap will shrink considerably? Why is there still such a disparity? First Victoria National Bank, supra, 420 F. The Suffolk County Police Department also failed to provide bulletproof vests and gun belts that would fit pregnant women. Contemporaneously with the submission of the proposed judgments, Wheaton moved for an order dismissing that portion of the Secretary's action which, under § 217 of the Fair Labor Standards Act, seeks an award of back wages on behalf of the female employees. § 215 a 3 , does not have an equivalent employee cause of action in § 16 b , no question arises with respect to the possible effect of a § 17 suit on the employee's cause of action under that section the Rigopoulos problem.
Anthony registered and ultimately voted in a Rochester, New York election. It sought to overcome the age-old belief in women's inferiority and to eliminate the depressing effects on living standards of reduced wages for female workers and the economic and social consequences which flow from it. The Administrator may use his authority under this section to bring a suit for an employee only in cases where the law has been settled finally by the courts. Certainly, a suit for basic minimum wages is not unique. These are matters of public concern. See also, Senate Report No. First State Abstract and Insur.
Could the Secretary's equity suit circumvent this limitation? When Judge Freedman, speaking for the Court of Appeals, stated at the outset 421 F. In the exercise of equitable discretion the Court must concern itself with all equities, and not just with the myopic view of one. Kauffman, David Pittinsky, Dilworth, Paxson, Kalish, Kohn Levy, Marcus Manoff, Philadelphia, Pa. Marino was a Section 16 c action by the Secretary at the request and on behalf of a single employee for overtime pay alleged to be due for travel to jobsites involving the transportation of work crews and equipment. In keeping with this goal, the above 1949 restriction on jurisdiction was repealed.
