13. I promised that I would provide some sample topics for the
policy paper assignment. So, here are twenty-five of them. Not
required to choose from the list or anything like that. Just some
ideas to help you start thinking. Here they are – in no particular
order (and honestly with very little thought):
1. Whether (and to what extent) the U.S. should have a
minimum wage?
2. Whether (and to what extent) the U.S. minimum wage should
be increased?
3. Whether (and to what extent) a U.S. state (e.g., Texas) should
have so-called “right-to-work” laws?
4. Whether (and for what reasons(s)) affirmative action should
be permitted in employee selection processes?
5. Whether (and to what extent) employers in states that have
decriminalized marijuana should be able to take adverse
employment action against an employee for using marijuana?
6. Whether (and to what extent) non-compete clauses should be
enforceable against low-level employees (see, e.g.,
https://www.nytimes.com/2014/10/15/upshot/when-the-guy-
making-your-sandwich-has-a-noncompete-clause.html)?
7. Whether (and to what extent) employers should be able to pay
less than the minimum wage to “tipped” employees?
8. Whether (and to what extent) at-will employees should be
entitled to some level of due process before adverse
employment actions?
9. Whether (and to what extent) “International” students in the
U.S. should be entitled to work under their student visas?
14. 10. Whether (and to what extent) the law ought to cap executive
compensation?
11. Whether (and to what extent) employers should be exempt
from the contraception requirements of the ACA based on
owners’ religious values (see, e.g.,
https://www.plannedparenthoodaction.org/issues/birth-
control/burwell-v-hobby-lobby)?
12. Whether (and to what extent) the FLSA’s exemption levels
(e.g., $455/week) should be increased?
13. Whether (and to what extent) prospective employers should
be permitted to use data from applicants’ social media histories
in the employee selection process?
14. Whether (and to what extent) the U.S. military should be
permitted to discriminate against applicants based on physical
features (e.g., height and weight)?
15. Whether (and to what extent) employers should be permitted
to discriminate against job applicants for being too young?
16. Whether (and to what extent) state-government employees
ought to be permitted to collectively bargain?
17. Whether (and to what extent) employers should be permitted
to pay less than the minimum wage to employees younger than
18?
18. Whether (and under what circumstances and to what extent)
employers should be permitted to discriminate based on
physical appearance with respect to applicants for customer-
facing jobs (think: Hooters)?
15. 19. Whether (and to what extent) U.S. employers should be
required to contribute to employees’ future retirements?
20. Whether (and to what extent) U.S. employers should be
required to provide paid maternity leave? Or paternity leave? Or
sick leave (a la Massachusetts)? Or voting leave? Or jury-
service leave? Or military-service leave? Or…
21. Whether (and to what extent) employers should be required
to pay a higher wage (e.g., 1.5x) to non-FLSA-exempt
employees when employees work more than forty hours in a
work week?
22. Whether (and to what extent) U.S. employers should be
permitted to discriminate against Green-Card holders in favor of
U.S. citizens in the employee selection process?
23. Whether (and to what extent and under what conditions)
employers should be permitted to pay “interns” less than the
minimum wage?
24. Whether (and to what extent) the U.S. should consider
“disparate impact” (in addition to “disparate treatment”) in
equal employment opportunity analyses?
25. Whether (and to what extent) ride-share drivers (e.g., Uber,
Lyft, etc.) are “employees” under the FLSA?