In its opinion, the Eighth Circuit did not address the non-statutory labor exemption (or primary jurisdiction) issues.
Therefore, the owners argued the non-statutory labor exemption is still in effect and immunizes the owners from antitrust attack.
Here's the short version (for the even shorter version, skip to the next paragraph): Because of a doctrine known as the "non-statutory labor exemption".
Statutory marginal labor income tax rates facing the typical household head or spouse at the middle of the skill distribution increased about eight percentage points, and thereby reduced the after-tax return to working by almost fifteen percent, in less than two years.
Figure 4 displays Mulligan's (2013b) measure of the statutory marginal labor income tax rate for household heads and spouses in the middle of the skill distribution, including the marginal tax rates implicit in the many federal and state anti-poverty programs.
There's a stronger case for the U.S. being a high tax country when looking at the top statutory tax rate on labor income.
According to the Act, there is a legal guarantee of employment to anyone who is willing to do casual manual labor at the statutory minimum wage.
Cornell's four statutory colleges (agriculture, human ecology, labor relations and veterinary medicine) have been affiliated with SUNY since its inception, but did not have any such state affiliation prior to that time.
"Notwithstanding the special interest group rhetoric we may be hearing about the N.L.R.B., the agency is carrying out its statutory mission," said Mr. Battista, a labor lawyer from Detroit who represented many corporations.
Mr. Johnson of the chamber questioned whether the labor board had the statutory authority to impose such a posting requirement and whether the required notice would provide a balanced overview of employee rights, including the right not to join a union.
The organization alleges that the OPT program exceeds DHS statutory authority and conflicts with statutory requirements such as the labor certifications for H-1B visas.
