Monthly Archives: October 2015

To Pay or Not to Pay: Should Interns be Considered Employees under the Fair Labor Standards Act

Author: Brynn Stylinski Contributing Member University of Cincinnati Law Review

The Fair Labor Standards Act (FLSA) requires employers to pay every employee a minimum wage and to pay overtime for any hours worked over forty hours per week. However, whether a worker qualifies as an employee has been debated for years.[1]  Earlier this year, the Second Circuit reversed a New York district court’s finding that a group of unpaid interns were employees under the FLSA and thus entitled to minimum wage and overtime payments (employee wages).[2]   Continue reading

Defining Lawful Activity in a State Employee Lifestyle Anti-Discrimination Statute

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

With many states legalizing marijuana for both medical and recreational use, employers have been faced with the difficult question of whether they can fire an employee for legally engaging in marijuana use. Employers generally have the right to fire employees for a good reason, a bad reason, or no reason at all.  However, many states, including Colorado, have passed lawful activity statutes conferring broad protection to its citizens from termination. Colorado also passed a state-constitutional amendment (Amendment) allowing citizens to engage in medical marijuana use, in contradiction with federal law, and its citizens have relied on that protection.[1] Continue reading

Criminalization of HIV in Ohio

Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review

According to the Centers for Disease Control and Prevention (CDC), 1.1 million Americans are living with Human Immunodeficiency Virus (HIV).[1] In Ohio alone, there are 19,352 people who have been diagnosed with HIV.[2] In response to the Acquired Immunodeficiency Syndrome (AIDS) Crisis of the 1980s, many states enacted HIV criminalization statutes as a public health precaution.[3] Proponents of criminalizing HIV non-disclosure argue that it deters transmission between those who know they are infected and any sexual or drug use partner, Continue reading

The FTC and Cybersecurity: Unfair Business Practices or Unfair Business Expectations

Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review

National Cybersecurity, or the lack thereof, has frequently been front and center in our national news these days. Despite the recent increase of cyber-attacks on corporate entities such as Target, Ashley Madison, and Anthem,[1] Congress has yet to pass an adequate cybersecurity bill that would protect our government, our infrastructure, and our private sector from cybersecurity attacks.[2] When Wyndham Hotels fell victim to cyber-attacks in 2008, it decided to fight the Federal Trade Commission’s (FTC) authority to declare business practices “unfair.” Continue reading

Ohio’s Marijuana Oligopoly Concerns

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

This November, Ohioans will have the opportunity to vote on Issue Three, a proposed state constitutional amendment legalizing the recreational use of marijuana. Ohio would only be the fifth state to legalize recreational marijuana and the first Midwestern state to do so. Potential marijuana producers, processors, and retail storeowners have the opportunity to mold this emerging market, but Issue Three limits the number of marijuana producers. Continue reading