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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: