Regulatory Research Homework Assignment #1

Please answer the following three questions including your research path as shown in the example below. Please follow the Bluebook 20th edition for all citations.

Please submit your answers by 11:55 p.m. on Sunday, Oct. 25 via the class website (click on the Pre-class Assignment link and then Add submission). Please also include the amount of time you spent on the assignment.

You can use any resource, including Google. Whatever resource you use to find the regulations, please also note how current the regulations are as shown in the example below.

Note that whatever resource you use, you must be able to provide a Bluebook citation to the actual regulation(s). The following are recommended, reputable resources:

General: HeinOnline (subscription), FDSys (free), eCFR (free), Federal Register.gov (free), Regulations.gov (free)

Specialty: Bloomberg Law & Bloomberg BNA (subscription), Agency websites (free) Both: WestlawNext; Lexis Advance & Lexis.com (subscription)

Example:

1. Which U.S. Citizenship and Immigration Services (USCIS) regulation defines a “designated country” under the Visa Waiver Program?

Cite: 8 C.F.R. §217.2 (2015)

Research Path:

Agency website http://www.uscis.gov/ Home > Laws > Title 8 of the CFR > Part 217 Visa Waiver Program > Section 217.2 Eligibility > Subsection (a) Definitions > Currency?

eCFR > Browse > Title 8 Aliens and Nationality > Chapter I Department of Homeland Security > Subchapter B Immigration Regulations > Part 217 Visa Waiver Program > §217.2 Eligibility (current as of Sept. 1, 2015)

FDSys > Browse > Code of Federal Regulations > 2015 > Title 8 Aliens > current as of Jan. 1, 2015 > List of CFR Sections Affected > Browse CFR Parts Affected from the Federal Register > Custom date range > Jan. 1 2015 to Sept. 15, 2015 > change to Part 217, specifically §217.5 relating to electronic system for travel authorization (ESTA) and fees, but no change to §217.2 Eligibility

1. Your client runs a dry cleaning business. Most of the employees are paid by the hour. One of the hourly workers recently contacted the Department of Labor to complain that he was owed overtime pay. Where is the Department’s interpretation of the federal law on overtime compensation codified?

a) Cite:

29 C.F.R. § 778 (2015)

b) Path:

eCFR Search > Boolean Search > “overtime” AND “compensation” > http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=a01c1b57950c36bc9fcd80dd637aabb1&ty=HTML&h=L&mc=true&n=pt29.3.778&r=PART

2. Another employee has complained to the Occupational Safety and Health Administration (OSHA) about exposure to chemicals used in the dry cleaning process, specifically, perchloroethylene (aka “perc”). Please find and cite to the OSHA standard for exposure to air contaminants such as perc.

a) Cite:

29 C.F.R. §1910.1000 (2015)

b) Path:

eCFR Search > Boolean Search > “PERCHLOROETHYLENE” AND “occupational” > http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=a01c1b57950c36bc9fcd80dd637aabb1&h=L&mc=true&n=pt29.6.1910&r=PART&ty=HTML#se29.6.1910_11000

3. Find and read the following news article: Eric Morath, Overtime Benefit May Trickle Down, Wall Street J. A2 (July 20, 2015). Find and cite to the rule discussed in this article and show your research paths for both the news article and the rule.

a) Cite:

Could not find article

b) Paths:

Time Spent on Assignment: 1 hour