Constitutional Law: Minimum Wage Decision: Future of Legislation by States

1936 ◽  
Vol 34 (8) ◽  
pp. 1180
Author(s):  
J. S. W.
1938 ◽  
Vol 32 (2) ◽  
pp. 278-310 ◽  
Author(s):  
Robert E. Cushman

The 1936 term of the Supreme Court will probably be rated a notable one. This is due both to the Court's own work, and to certain extraneous occurrences which could hardly fail to have some impact upon it. In any attempt to evaluate the work of this term, one should bear in mind the following facts: First, a month after the Court convened President Roosevelt was reëlected by one of the most impressive popular and electoral majorities in our political history. Second, in February the President submitted to Congress his proposal for the reorganization of the Supreme Court, including the enlargement of its membership by the addition, up to fifteen, of a new justice for every one remaining on the Court beyond the age of seventy. This proposal aroused violent opposition, the debates on it continued for many months, and ultimately the plan was defeated largely through the efforts of the President's own party. The discussions on this proposal were going on during much of the time in which the Court was sitting. Third, in every case in which New Deal laws were attacked, they were held valid. These results were accomplished in many instances by five-to-four margins, and in the Minimum Wage Case by a five-to-four reversal of a previous five-to-three decision.


2019 ◽  
Author(s):  
Isabel Jost

Protection through discrimination? With the introduction of the German minimum wage law (MiLoG) on 1st January 2015, employee rights were, among other things, to be strengthened. At the same time, however, Section 22 (2) of the minimum wage law excludes a particularly weak and vulnerable group from its scope of application—underage employees without vocational training. This book takes a – legally comparative—look at wage regulations for young people and raises the question of whether the exception of young employees in this regard is in accordance with higher-ranking law, especially in view of possible age discrimination. It focuses on the compatibility of Section 22 (2) of MiLoG with the Equal Treatment Directive 2000/78/EC and national constitutional law.


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