More public elementary schools were built in the 1920s than in any other era. Their design reflected new ideas about child development and health.
The Gist - The World Is Coming Up Roses
On The Gist, Jeopardy! host Alex Trebek will be moderating a gubernatorial debate in Pennsylvania. Mike says no thanks.
In the interview, Gregg Easterbrook is ever the optimist. Despite what your push alerts and Facebook news feed are telling you, the world is steadily getting safer, wealthier, and less afflicted by war and disease. Easterbrook is the author of It's Better Than It Looks: Reasons for Optimism in an Age of Fear.
In the Spiel, gun control advocates shouldn’t compromise.
Learn more about your ad choices. Visit podcastchoices.com/adchoices
Cato Daily Podcast - Gerrymandered Battle Lines before SCOTUS
The Supreme Court faces two cases of partisan gerrymandering this term. Why hasn't Congress dealt with this issue? Walter Olson comments.
Hosted on Acast. See acast.com/privacy for more information.
SCOTUScast - Encino Motorcars v. Navarro – Post-Argument SCOTUScast
On January 17, 2018, the Supreme Court heard oral argument in Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the application of the Fair Labor Standard Act’s overtime-pay requirements for service advisors at car dealerships.
Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….”
Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit. Determining that the regulation at issue was procedurally defective, the Court remanded the case for the Ninth Circuit to construe the FLSA exemption without “placing controlling weight” on the DOL regulation.
On remand, the Ninth Circuit, assuming without deciding that the DOL regulation was entitled to no weight, held that the FLSA exemption, on its own terms, did not encompass service advisors. As a result, the court indicated, plaintiffs could proceed against Encino on their claims for overtime. Encino petitioned for certiorari, however, and the Supreme Court agreed to take up the case a second time to consider again whether service advisors at car dealerships are exempt from the Fair Labor Standards Act's overtime-pay requirements.
To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC.
This podcast is cosponsored with the Labor & Employment Law Practice Group.
Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….”
Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit. Determining that the regulation at issue was procedurally defective, the Court remanded the case for the Ninth Circuit to construe the FLSA exemption without “placing controlling weight” on the DOL regulation.
On remand, the Ninth Circuit, assuming without deciding that the DOL regulation was entitled to no weight, held that the FLSA exemption, on its own terms, did not encompass service advisors. As a result, the court indicated, plaintiffs could proceed against Encino on their claims for overtime. Encino petitioned for certiorari, however, and the Supreme Court agreed to take up the case a second time to consider again whether service advisors at car dealerships are exempt from the Fair Labor Standards Act's overtime-pay requirements.
To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC.
This podcast is cosponsored with the Labor & Employment Law Practice Group.
The Anthropocene Reviewed - Halley’s Comet and Cholera
John Green reviews Halley's Comet, a celestial body visible from Earth once in a lifetime, and cholera, an infection caused by bacteria and people. Thanks to audible for sponsoring today's episode: http://audible.com/anthro
New Books in Native American Studies - Katrina Jagodinsky, “Legal Codes and Talking Trees” (Yale UP, 2016)
In Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (Yale University Press, 2016), Katrina Jagodinsky recovers the stories too often presumed lost in the silences of colonial archives: those of Indigenous women operating within systems of American law. In doing so, she argues that Indigenous women in the American southwest and Pacific northwest used Indigenous epistemologies, legal codes, and community connections, to navigate American settler colonial legal regimes and in some cases emerging victorious. Jagodinsky, an Associate Professor in the history department at the University of Nebraska-Lincoln, uses unique methodologies combining traditional legal history, poetry, and non-written knowledge networks to recount the histories of six women from the border regions of what is today Arizona/Sonora and Washington/British Columbia. Legal Codes and Talking Trees shows how even under ardently white supremacist power structures and within settler colonial societies designed to dispossess Indigenous communities, people not only straddled racial lines individually, but also made families that run counter to easy narratives. Jagodinsky’s book is a call to arms for historians and archivists not to take their academic privilege for granted, and to use innovative research methods to locate and retell difficult to find stories, even when the archives may seem as incomprehensible as the language of the trees.
Stephen Hausmann is a doctoral candidate at Temple University and Visiting Instructor of history at the University of Pittsburgh. He is currently writing his dissertation, a history of race and the environment in the Black Hills and surrounding northern plains region of South Dakota, Wyoming, and Montana.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/native-american-studies
The NewsWorthy - Bump Stocks, Facebook Postcards & Lindsey Vonn – Wednesday, February 21st, 2018
All the news you need to know for Wednesday, February 21st, 2018!
Today we're talking about gun laws, from President Trump's latest comments about bump stocks to which celebrities are donating $500k each to student activists.
Plus, why facebook plans to send postcards and how Google is predicting heart attacks.
All that and much more in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.
The Goods from the Woods - Episode #182 – “Your Brain on Pugs” with Alex Hooper
In this episode, the Goods from the Woods Boys sit down with comedian Alex Hooper to talk about his recent work on Comedy Central's 'Roast Battle' as well as his SOLD OUT! "Pug Yoga" calendar. We also talk about the recent corporatization and overbooking of the Puppy Bowl and the Kitty Bowl. Alex Hooper is a national treasure and we hope you love this episode as much as we do! Follow Alex on Twitter @HooperHairPuff. Song of the week is "Lycanthropic" by Undercover Monsters.
Follow the show @TheGoodsPod Rivers is @RiversLangley Dr. Pat is @PM_Reilly Mr. Goodnight is @SepulvedaCowboy Pick up a Goods from the Woods t-shirt at: http://prowrestlingtees.com/TheGoodsPod
The Gist - Free Money City
On The Gist, Team USA’s low medal count would be a bummer if these Winter Olympics weren’t so goofy.
In the interview, Stockton Mayor Michael Tubbs didn’t campaign on universal basic income, but he’s bringing it to his city. Later this year, some residents will start getting $500 a month.
In the Spiel, conservative commentators have it plain wrong when it comes to gun control.
Learn more about your ad choices. Visit podcastchoices.com/adchoices
Money Girl - 532 – 6 Tips to Simplify Your Finances and Keep Good Records
Feel like your personal finances are too complicated? It's time to streamline and declutter. Laura gives tips to simplify your financial life, stay organized, and know which financial records to keep and for how long. Read the transcript at https://www.quickanddirtytips.com/money-finance/taxes/tips-to-simplify-finances-and-keep-good-records Check out all the Quick and Dirty Tips shows: www.quickanddirtytips.com/podcasts FOLLOW MONEY GIRL Facebook: https://www.facebook.com/MoneyGirlQDT Twitter: https://twitter.com/LauraAdams