Here’s a real form someone I know who makes more than minimum wage was recently asked by their employer to sign:
I understand that for calculation of overtime, my contractual hour rate with Employer is set at minimum wage, which is the wage that New Jersey Department of Labor sets, or the Federal minimum wage, whichever is higher. This means that if I clock hours in excess of 40 in a one week pay period, that my pay should be equal to/or greater than 40 hours at minimum wage and overtime at 1.5 times the minimum wage.
Am I missing something, or is this what us fancy lawyers call… illegal af?
This oral argument before the 2nd Circuit about the legality of Internet Archive’s controlled digital lending program is a great listen, regardless of what side you support.
I’m in a weird headspace about the Supreme Court’s right wing wearing their partiality on their sleeves. I’m supposed to be mad about it, like lots of liberals. But I think it’s a kind of honesty and, in its hubris, exposes the vulnerabilities of the right’s more longterm jurisprudential …
🔗 Some legal malpractice cases are bogus, and many are defensible. But some are, well, not, which is apparently how State Bar Court Judge Yvette D. Roland in California viewed the misconduct proceedings against John Eastman, the now-disbarred architect of the 2020 fake electors nonsense. (PDF)
Chris Geidner at Law Dork has the best explanation of why the 5th Circuit’s jurisprudence has become so, to use a legal term of art, whacky:
At the end of the day, there are essentially three groups of active judges on the Fifth Circuit: There are “mad vibes” judges, legally conservative judges, and legally moderate (or more left) judges.
Geidner is so insightful and prolific that, and I mean this as a high compliment, it irritates me a little.
Starr issued an “administrative stay” on Thursday that will last for 30 days while he considers the airline’s request for a stay of the order pending its appeal to the U.S. Court of Appeals for the Fifth Circuit.
Judge Starr is having a good think about whether he’s willing to endure the near-certain reversal, and the more-likely-than-not searing bench slap that will accompany it…
Some notable passages from today’s 3rd Circuit opinion in Fields v. City of Philadelphia, holding that there is a First Amendment right to record police officers in public, written by Circuit Judge Thomas L. Ambro:
the District Court focused on whether Plaintiffs had an expressive intent, such …
Court Junkie podcast episode on Eric Frein trial
I was a law clerk when the murder of Corporal Bryon Dickson and near-murder of Trooper Alex Douglass sparked a weeks-long manhunt that resulted in the capture, trial and conviction of Eric Matthew Frein. I won’t talk about anything I did with …
A disturbing sex trend called ‘stealthing’ is on the rise
‘Stealthing’ is the non-consensual removal a condom during sex. Alexandra Brodsky’s article in the Columbia Journal of Gender and Law [PDF] is powerful, nuanced and well-presented.
And I, too, can be powerful, …
Prosecuted by her legal counterpart: ‘It destroyed my life in so many ways’
This DA should resign, now:
At least six defense attorneys and investigators say they faced threats of criminal charges by the Orleans parish district attorney for doing their jobs, the Guardian has found. Since …
A month after dismissing federal prosecutors, Justice Department does not have any U.S. attorneys in place
Attorney General Jeff Sessions is a lot of things. But so far, none of those things include “good at being Attorney General.”
Would you hire a builder who, when he finds out you …
In Travis County custody case, jury will search for real Alex Jones
Jonathan Tilove reports this story for American-Statesman:
Beginning Monday, a jury will be selected at the Travis County Courthouse that in the next two weeks will be asked to sort out whether there is a difference between the …
Unenforceable ban on atheists holding public office still on the books in 8 states
This is an old story but after reading an article about a study [PDF] suggesting there are many atheists who don’t want to admit they’re atheists, I remembered reading about how a country which prides …
Mentally incompetent Utah man dies in hospital after jail episode left him paralyzed
Is this the kind of country where we let mental illness go untreated to the point where someone in jail for fighting with a couple of cops is effectively allowed to commit suicide, while on suicide watch?
Jail video …
Senate Republicans Vote To Gut Internet Privacy
Hamza Shaban, writing for BuzzFeed:
The Senate voted Thursday to make it easier for internet service providers to share sensitive information about their customers, a first step in overturning landmark privacy rules that consumer advocates and …
Can anyone sustain a newsletter about the law without talking politics? Tune into the resurrection of Modern Law to find out. I don’t plan on talking about Trump, at least not directly.
FCC abides by GOP request, deletes everything from meeting agenda
Wheeler's attempt to impose new set-top box rules that help consumers avoid paying cable box rental fees may also be doomed. Consumer advocacy group Public Knowledge sent a letter to Trump today urging him to side with consumers …
NJ law would require pet stores sell only rescue animals
John C. Ensslin reports for The Record:
New pet stores in New Jersey would be allowed to sell only cats and dogs obtained from shelters, pounds and animal rescue organization under a bill the state Senate passed Thursday. The bill still has …
Enough with the conspiracy theories about Justice Scalia’s death
I read this earlier today:
"As a former homicide commander, I am stunned that no autopsy was ordered for Justice Scalia," William O. Ritchie wrote in a Facebook post on Sunday, according to reports. After seeking to cast doubt …
Retiring founder wants $1M for his SCOTUS audio archive
Oyez is a robust archive of audio recordings and other information spanning much of the history of the Supreme Court of the United States. Its founder Chicago-Kent College of Law Professor Jerry Goldman is looking for a buyer as he nears …
DOT and NHTSA will develop the new tools necessary for this new era of vehicle safety and mobility, and will seek new authorities when they are necessary to ensure that fully autonomous vehicles, including those …
More than 13,000 untested rape kits in Florida
This bit sent shivers down my spine:
After Detroit processed a backlog of 11,000 rape kits, police identified more than 100 serial rape suspects. Why shivers? Because it instantly prompts me to wonder how many women were raped who wouldn’t have …
Bill Cosby charged with sexual assault in Pennsylvania
The TV legend is accused of drugging and sexually assaulting former Temple University employee Andrea Constand when she visited his suburban Philadelphia home in 2004. A probable cause affidavit filed by investigators this week alleges that …
Is sending porn illegal in Pennsylvania?
Dave Davies writes on his WHYY blog, Off Mic:
It's right there in the state crimes code; it's a third-class misdemeanor to "sell, lend, distribute, transmit, exhibit, or give away or show any obscene materials to any person 18 years of age or older..." …
Laser-armed fighter jets by 2020
Thom Patterson writes for CNN:
Here's how Air Force special ops might use them: The commander of USAF special ops, Lt. Gen. Bradley Heithold, said last September that by 2020 he wants them on C-130J Ghostrider gunships for landing zone protection. The laser weapons …
“A slower-track school where they do well”
I’m just going to leave this Justice Scalia quote right here:
There are those who contend that it does not benefit African Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a …
Israeli Supreme Court Rejects Family Petition To Bury Trans Woman As Their “Son"
Peleg, who was 31, had long been concerned about a battle with her ultra-orthodox family after her death. Their beliefs forbid cremation, and she worried they would attempt to have a religious burial under her …
Adele’s ‘25’ on Pandora
Pandora confirmed to Entertainment Weekly that every track from Adele'e new album is available through its radio service. That's not going to be a particularly great way of listening to 25 — because Pandora is a radio service, it means you can't choose what …
