Minimum wage increased in 20 states with approval of lawmakers as we stepped into 2015. That when should the government to step in and interfere with business in free market in the United States remains a hot topic in the society. Muller v. NYC case took place at a time when the economy was booming, the so-called Gilded Age. However, that was an era of sin covered with fair skin because business owners exploited workers as dispensable commodities. NYC implemented a new law in 1896 to limit maximum working hours for bakers to 10 hours a day and 60 hours a week to help protect them as well as public health. Lochner, a bakery owner in NYC in early 20th century, was fined twice for not complying with the law. Feeling interfered by an unjust law, …show more content…
While the majority argued that bakers working condition was not so bad that may cause illness, Justice Harlan cited evidence from the book “Diseases of Workers” by Professor Hirt, pointing out that “The labor of bakers is among the hardest and most laborious imaginable”. He added that the “erratic demands of the public [for bakery]” placed “a great deal of exertion in an overheated workshop” on bakers and forced them to work for an incredibly long time, most of which was “at night”. This deprived “him[them] of an opportunity to enjoy the necessary rest and sleep”, which is tremendously harmful to the immune system. What’s more, the environment in which bakers spend most of their time was also detrimental to their health. Flour dust and heat, according to another writer, cause “inflammation of lungs and of the bronchial tubes”, “running eyes”, “rheumatism, cramp and swollen legs” (Reader 77). Most importantly, bakers lives became considerably shorter than others’. Not only were bakers more vulnerable to diseases due to long time of work and subsequently fragile immune system, health of the general public were also put at a huge risk. It is obvious that these workers would be the first group of victims when a contagious disease spread. Given the huge demands for bakeries, public health would definitely be affected by consuming bread and cakes directly produced and contacted by these bakers. The evidence and examples above clearly show how much rights violations were going on in bakery shops. Numerous hours of work was proved to affect bakers health, especially their respiratory organs, extremities and immune system, which shortened their life expectancy at a perceptible level. The Declaration of Independence endows each and every one of U.S. citizens several basic yet
Wife appealed from the judgement of Supreme Court, Special Term, Westchester County, N.Y., Morrie Slifkin, J modifying a judgment of divorce by awarding custody of the parties’ children to the husband.
Belanger v. Swift Transportation, Inc. is a case concerned with the qualified privilege of employers. In this case Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,”
The decision was a 6-3 decision. The Justices that agreed with the ruling of the court were Brennan, Marshall, Blackmun, White, Stevens, and O’Connor. The Justices that did not agree were Powell, Berger, and Rehnquist.
Upon accepting a position to work for the New York Transit Authority, Mary Myers was forthright in informing her supervisor(s) know that she was unable to work any sundown Fridays to sundown Saturdays. (Feazell, 2003) As it relates to keeping “the Sabbath”, sundown Friday to sundown Saturday adherence to set aside this time period for rest and worship. (Feazell, 2003) Consequently, after Ms. Myer begin working for Transit Authority, her scheduled hours were involuntary changed, and she was then required to work on the Sabbath. (Feazell, 2003)
There have been many, many court cases throughout the history of the United States. One important case that I believe to be important is the court case of Clinton v. New York. This case involves more than just President Bill Clinton, the City of New York; it involved Snake River Farmers’ as well. This case mostly resolves around the president’s power of the line item veto. In 1996 President Bill Clinton signed the Line Item Veto Act into law. This would allow the president to get rid of a part of a bill and not disapprove the entire bill. The first time that President Clinton used this power he used it to refine the Balanced Budget Act of 1997, he got rid of a part of the bill that waived the Federal Governments statutory right to get back or receive $2.6 billion in taxes that were levied by the City of New York. President Clinton also line item vetoed a section of the Taxpayer Relief Act of 1997 this wouldn’t allow certain food processors and refiners to sell their stock to farmers to defer the recognition of capital gains. This is when the Snake River Farmers’ and City of New York went after Clinton for doing so this is where the case of Clinton v. The City of New York originated from. In this case there were constitutional issues that were raised, major arguments presented, and the final ruling from the Supreme Court.
Faragher v. City of Boca Raton case was taken in by the Supreme Court of the United States on June 26, 1988. The case was brought up by Beth Ann Faragher, whom between 1985 and 1990, worked as a lifeguard for the City of Boca Raton, Florida. During these years, Faragher stated the two male supervisors, Bill Terry and David Silverman, performed several acts of sexual harassment against her, and several other female lifeguards. These acts ranged from sexual comments about these women’s bodies to asking them to engage in sexual intercourse with them. The Supreme Court of the United States ruled in favor of the City of Boca Raton under Title VII of the Civil Rights Act of 1964, that an employer may only be held responsible, if supervisory employees
There are rare cases, when society has to make the tough decision to overlook a person's basic rights for the good of the general public, Mary Mallon is one of these exceedingly rare cases. Mary Mallon was a carrier of Typhoid fever, because of this she was denied her way of life and her passion. Typhoid left an abysmal impression on Mary’s life, but she did not let let sickness define who she was. Mary left a lasting mark in her own subtle way, her life was more paramount than meets the eye, she opened the eyes of scientists all over the world and taught the world a near impossible lesson about never giving in.
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
“Franklin Roosevelt’s 1937 impassioned speech calling on Congress to help the one-third of Americans who were “ill-housed, ill-clad, and ill-nourished” heralded in the Fair Labor Standards Act of 1938 and with it a national minimum wage. Echoes of that speech are still heard today. Senator Edward Kennedy (1989: S14707), in his criticism of the most recent increases in the minimum wage, declared:
Fear begets hate and hate begets violence. Nowhere is this more apparent than in the 1741 New York slave conspiracy trials. Much like the violence in the Salem Witch Trials, a set of natural circumstances coupled with the word of one or two people from a lower order of society caused hysteria and bloodshed. This case is flimsy by modern-day standards and is also very flimsy by the standards of the 1740s.
The court case that I chose as the precedent for this scenario is Brandenburg v. Ohio. In this court case, a leader from the Ku Klux Klan made a speech at a Klan rally in Ohio and was charged with terrorism, sabotage, and violence.This conviction violates Brandenburgs right to free speech. In the scenario and the court case both Ku Klux Klan members were convicted of a crime that violated the state law which does not allow the advocacy of crime, sabotage, violence and unlawful methods of terrorism. Also in the scenario John Doe is fined $1500 and sentances to 5 years in prison. Both cases are very similar down to the point that they both deal with the Ku Klux Klan. After reading the court case I believe that the punishments given to John Doe
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
Transition: Last year the federal minimum wage celebrated its 75th birthday last week as part of the federal 1938 Fair Labor Standards Act. The Act banned child labor, set a 44 hour maximum workweek, and guaranteed a minimum wage of 25 cents an hour. (Hitzik) Since then Congress has raised the rate 23 times. (USDOL)
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.