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85-615: Brothers John J. ("J.J.") and James Barnabas ("J.B.") McNamara were arrested in April 1911 for the bombing. Their trial became a cause célèbre for the American labor movement. J.B. admitted to setting the explosive, and was convicted and sentenced to life imprisonment . J.J. was sentenced to fifteen years in prison for bombing a local iron manufacturing plant, and returned to the IW as an organizer. The Times bombing shocked Americans and remains both one of

170-611: A backward bending supply curve of labour . Overtime pay rates can cause workers to work longer hours than they would at a flat hourly rate. Overtime laws, attitudes toward overtime and hours of work vary greatly from country to country and between various sectors. Time off in lieu (TOIL), compensatory time , or comp time is a type of work schedule arrangement that allows (or requires) workers to take time off instead of, or in addition to, receiving overtime pay. A worker may receive overtime pay plus equal time off for each hour worked on certain agreed days, such as public holidays . In

255-542: A dynamiting campaign. Between 1906 and 1911, the union blew up 110 iron works, though only a few thousand dollars in damages was done. The NEA was well aware who was responsible for the bombings, since Herbert S. Hockin, a member of the IW's executive board, was their paid spy. These hundreds of bombings were later described as perhaps the largest domestic terrorism campaign in U.S. history. Employers in Los Angeles had been successfully resisting unionization for nearly half

340-499: A Sunday, they may be paid twice their regular rate (i.e., "double time"). Directives issued by the European Union must be incorporated into law by member states. Directives 93/104/EC (1993), 2000/34/EC (2000), which limited working hours, were consolidated into 2003/88/EC (2003). Employers and employees can agree to opt out, under certain circumstances. The directives require: The directives apply to: Exemptions: In Japan

425-487: A bank in Chicago. Since they had watertight alibis for that alleged crime, both men agreed to accompany Burns and the police officers back to Chicago. In Chicago, McManigal and J.B. were not taken to a police station, but to the private home of Chicago Police Sergeant William Reed and held from April 13 until April 20. Burns apparently convinced McManigal that he knew everything and that McManigal could save himself by cutting

510-452: A bedroom window. Police were called, and opened and disarmed the bomb. The spring of the mechanical clock had apparently been wound too tightly, slowing the clock, and preventing the bomb from exploding on time. The unexploded bomb contained valuable clues as to the bombers' method. In addition, investigators were able to trace the dynamite back to its source. The caretaker at the Otis home heard of

595-417: A campaign against the unions. Local, state, and federal law enforcement agencies generally cooperated in this campaign, which often used violence against union members. Hard pressed by the open shop campaign, the IW reacted by electing the militant Frank M. Ryan president and J.J. McNamara the secretary-treasurer in 1905. In 1906, the IW struck at American Bridge in an attempt to retain their contract. However,

680-711: A century. Harrison Gray Otis , publisher of the Los Angeles Times , was vehemently anti-union. Otis first joined and then seized control of the local Merchants Association in 1896, renaming it the Merchants and Manufacturers' Association (colloquially known as the M&;M), and used it and his newspaper's large circulation to spearhead a twenty-year campaign to end the city's few remaining unions. Without unions to keep wages high, open shop employers in Los Angeles were able to undermine

765-859: A complaint or instituting a proceeding based on the FLSA. An employer that engages in any form of verifiable retaliation would be liable under the Fair Labor Standards Act Section 216(b) for equitable relief including reinstatement, promotion, payment of lost wages, and payment of liquidated damages. Acts of retaliation include terminating employment, disrupting the workplace, threats, acts of physical violence, and constructive discharge. Out of approximately 120 million American workers, nearly 50 million are exempt from overtime laws (US Department of Labor, Wage and Hour Division , 1998). As of 2021, salaried workers making $ 684 per week or more are exempt from overtime pay (equivalent to $ 35,568 per year). In 2004,

850-649: A deal with authorities. McManigal agreed to tell all he knew in order to secure a lighter prison sentence, and signed a confession. He said that he had not participated in the Times bombing, but that J.B. had told him all about it, and that it was done by J.B. and two others, Matthew Schmidt and David Caplan (Schmidt and Caplan evaded arrest until 1915). McManigal also said that others involved included Ryan, J.J., Hockin and other IW leaders. Burns wired California officials and secured extradition papers for McManigal and both McNamara brothers. Burns then left for Indianapolis , where

935-451: A detective with strong ties to anti-union business interests. In that case, the accused union leaders were found not guilty. Labor leaders were also convinced of the McNamaras' innocence by other factors as well. The open shop movement and virulent hostility shown by Otis convinced many that the whole event was a frame-up (with some, including Eugene V. Debs , accusing Otis himself of bombing

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1020-456: A federal subpoena against the McNamaras. The first panel of jurors was exhausted on October 25, forcing the court to order an additional panel of jurors to appear. The jury was finally seated on November 7. As jury selection continued, muckraking journalist Lincoln Steffens arrived in Los Angeles. Steffens, convinced the McNamaras were guilty, visited them in jail. Steffens proposed to defend their actions in print as "justifiable dynamiting" in

1105-401: A gas leak, and denied that dynamite was in any way involved. The rest of the evidence, such as the other bombs found in Los Angeles the next morning, and all the material seized at union headquarters at Indianapolis, they claimed was planted. They accused Otis of taking advantage of a tragic accident to imprison union leaders on fabricated charges. To support the accidental gas explosion theory,

1190-433: A law enforcement officer, and unlawful imprisonment in his handling of McManigal and J. B. McNamara. The local circuit judge had unlawfully denied J. J. McNamara access to legal representation and had no authority to approve his extradition. Both McNamaras had been arrested on the basis of a confession wrung from a third man who, they believed, had been kidnapped and perhaps coerced into confessing. To many in organized labor,

1275-419: A loud or unusual tone", with a penalty of fifty days in jail, a $ 100 fine, or both. Most union members refused to obey the injunctions or ordinance, and 472 strikers were arrested. The strike, however, proved effective: by September, 13 new unions had formed, increasing union membership in the city by almost 60 percent. On June 3, 1910, two days after the start of the strike, Eugene Clancy, the top IW official on

1360-615: A photo of J.J. that Burns presented to a hotel clerk in Los Angeles, who recognized him as a "Mr. J. B. Bryce" who had checked in the day before the bombing and hurriedly checked out the following morning. On April 14, 1911, Burns, Burns' son Raymond, and police officers from Detroit and Chicago went to the Oxford Hotel in Detroit and arrested McManigal and J.B. McNamara. Dynamite, blasting caps and alarm clocks were found in their suitcases. The men were told they were being arrested for robbing

1445-451: A plea bargain (rather than an admission of guilt in open court) would be all that was needed. But Los Angeles employers were worried that defense attorney Harriman would trounce Mayor Alexander on election day (December 5). Nothing short of an actual admission of guilt in open court would discredit Harriman and prevent his victory, and the employers were pressing hard for one. The defense's position weakened further when, on November 28, Darrow

1530-488: A plot to keep Harriman out of City Hall. Organized labor found J. J. McNamara an attractive figure to rally behind. By outward appearances, he did not look like a man who would dynamite his enemies. He was 34 years old, handsome, had an athletic build, always well-dressed and well-spoken. He had earned a law degree at night while working for the Iron Workers' Union. J. J. McNamara assured Gompers that he had nothing to do with

1615-414: A subsidiary of the newly formed U.S. Steel corporation. American Bridge was the dominant company in the iron industry, and within a year the IW had not only organized almost every U.S. iron manufacturer, but had also won signed contracts including union shop clauses. The McNamara brothers were Irish American unionists. John (known as J.J.) and his younger brother James (known as J.B.) were both active in

1700-452: Is a French phrase in common usage in English. Since it has been fully adopted into English and is included unitalicized in English dictionaries, it is not normally italicized despite its French origin. It has been noted that the public attention given to a particular case or event can obscure the facts rather than clarify them. As one observer states, "The true story of many a cause célèbre

1785-549: Is important to determine if a worker is an independent contractor or an employee. Foremost, pursuant to California Labor Code Section 510, non-exempt employees must be compensated at one and a half times the regular rate of pay for all hours worked in excess of eight hours in a workday, 40 hours in a workweek and the first eight hours of a seventh consecutive workday. Employees in California are entitled to double-time for working more than twelve hour workdays or more than eight hours on

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1870-450: Is never made manifest in the evidence given or in the advocates' orations, but might be recovered from these old papers when the dust of ages has rendered them immune from scandal". In French, one of the meanings of cause is a legal case , and célèbre means "famous". The phrase originated with the 37-volume Nouvelles Causes Célèbres , published in 1763, which was a collection of reports of well-known French court decisions from

1955-470: The American Federation of Labor (AFL), immediately condemned the bombing and claimed no labor union or individual could have been responsible. After several months, it appeared that the Times bombers had escaped arrest and gone to ground. The IW decided it was time for more bombings in Los Angeles and sent McManigal with a list of five bombing targets, including the Times auxiliary printing plant,

2040-540: The California Labor Code , an " employee " is "[any] person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis." Independent contractors are not employees covered by overtime laws and so it

2125-554: The Labour Standards Act ( 労働基準法 ) of 1947 provides for an eight-hour work day and 40-hour workweek with at least one day off per week. The act requires a premium of at least 25% over the ordinary hourly wage for any overtime work, 35% for any work on prescribed off days, and an additional 25% for any work between 10 pm and 5 am. Employers must enter into an overtime agreement with a labour representative prior to any overtime work by employees, and this agreement must stipulate to

2210-748: The Llewellyn Iron Works , the Baker Iron Works , and two non-union construction sites: the Los Angeles County Hall of Records and the Hotel Alexandria. J.J. told McManigal that he had promised the "coast bunch" a Christmas present, and wanted the explosions to take place on Christmas Day . McManigal set off a dynamite bomb at the Llewellyn Iron Works, partially wrecking the plant with the damage costing $ 25,000, but he found two of

2295-460: The Los Angeles Chamber of Commerce Joseph Scott as co-counsel for the defense. The McNamaras were arraigned on May 5, 1911. They pled not guilty. McManigal, who had turned state's evidence , was not charged at that time. Darrow argued that he would need $ 350,000 ($ 11,000,000 in 2024) for the defense. The AFL, who had already paid Darrow a $ 50,000 retainer, immediately began to raise

2380-490: The Times bombing. Gompers believed him completely, and threw all his influence behind the McNamaras. With Gompers' endorsement, the entire US labor movement supported the McNamaras, with parades, mass rallies, publicity campaigns, and donations to the McNamaras' defense fund. Burns was offended by accusations from labor supporters that he had planted the evidence that he had seized at the union headquarters in Indianapolis. He

2465-465: The Times building). Burns repeatedly implied that Gompers and other labor leaders were involved in the national bombing campaign, and AFL officials feared a national campaign of arrests designed to destroy the nascent labor movement might be in the works. Meanwhile, George Alexander , Mayor of Los Angeles , was locked in a very close re-election battle against Job Harriman , a Socialist Party of America candidate. The bombing, some felt, might simply be

2550-566: The Times workers: A man who would put sixteen sticks of 80 per cent dynamite in a building * * * in which you, as a printer, knew gas was burning in many places, and in which you knew there were scores of human beings toiling, must have no regard whatever for the lives of his fellow beings. He must have been a murderer at heart. Cause c%C3%A9l%C3%A8bre A cause célèbre ( / ˌ k ɔː z s ə ˈ l ɛ b ( r ə )/ KAWZ sə- LEB( -rə) , French: [koz selɛbʁ] ; pl. causes célèbres , pronounced like

2635-521: The West Coast , wrote to J.J.: "Now, Joe, what I want here is Hockin," referring to Herbert Hockin, the union official in charge of the dynamite bombings. However, Hockin had been caught taking money earmarked for bombing jobs, and McNamara no longer trusted him. He asked another dynamiter, Jack Barry of St. Louis , to go to California, but Barry turned down the job when he learned of the targets. McNamara finally sent his younger brother, J.B., to California on

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2720-480: The deadliest criminal acts in U.S. history and the deadliest crime to go to trial in California. The International Association of Bridge and Structural Iron Workers (IW) was formed in 1896. As the work was seasonal and most iron workers were unskilled, the union remained weak and much of the industry remained unorganized until 1902. That year, the IW won a strike against the American Bridge Company ,

2805-423: The 115 people still in the building, 21 died (most of them in the fire). The Times called the bombing the "crime of the century", and Otis excoriated unions as " anarchic scum," "cowardly murderers," "leeches upon honest labor," and "midnight assassins." An unresolved contradiction was J.B.'s knowledge of the gas pipes in the Times building. After he confessed to the bombing, he insisted that he had not known of

2890-477: The 17th and 18th centuries. While English speakers had used the phrase for many years, it came into much more common usage after the 1894 conviction of Alfred Dreyfus for espionage during the cementing of a period of deep cultural ties with a political tie between England and France, the Entente Cordiale . Both attracted worldwide interest and the period of closeness or rapprochement officially broadened

2975-459: The AFL's public opinion campaign had apparently worried both newspapermen, and the Iron Workers' success in maintaining (even widening) the strike had weakened the resolve of many in the Los Angeles business community. Chandler offered to open negotiations with the district attorney, John D. Fredericks . Although a group of Los Angeles businessmen had endorsed the secret talks, they had no legal power over

3060-411: The English language. Overtime pay Overtime is the amount of time someone works beyond normal working hours . The term is also used for the pay received for this time. Normal hours may be determined in several ways: Most national countries have overtime labour laws designed to dissuade or prevent employers from forcing their employees to work excessively long hours (such as the situation in

3145-451: The FLSA. Several factors determine whether a worker is an employee, who might be entitled to overtime compensation, or an independent contractor, who would not be so entitled. The employment agreement stating that a party is an independent contractor does not make it necessarily so. The nature of a job determines whether an employee is entitled to overtime pay, not employment status or the field of work. Classes of workers who are exempt from

3230-485: The IW had their headquarters. With the assistance of officials of the NEA, he convinced Indiana Governor Thomas R. Marshall to issue an arrest warrant for J.J. On April 22, Burns and two local police detectives burst into an executive board meeting of the IW and arrested J.J. He was taken before a local circuit court , where the judge refused his request for an attorney and, without legal authority to do so, released him into

3315-526: The IW. In 1903, officials of U.S. Steel and the American Bridge founded the National Erectors' Association (NEA), a coalition of steel and iron industry employers. The primary goal of the NEA was to promote the open shop and assist employers in busting the unions in their industries. Employers used labor spies , agents provocateur , private detective agencies, and strike breakers to engage in

3400-464: The M&M raised another $ 50,000. On October 2, 1910, Mayor George Alexander hired private detective William J. Burns to catch the guilty parties. Burns had been investigating the nationwide wave of iron manufacturing plant bombings for the past four years on behalf of the NEA, and took the City job as part of his investigation. From Hockin, his paid IW spy, Burns learned that McManigal had been handling

3485-568: The McNamara case appeared to be a repeat of the Bill Haywood case of 1906. In that case, leaders of the Western Federation of Miners were accused of using dynamite to assassinate an ex-governor of Idaho. As in the McNamara case, a union member had confessed and implicated union leadership, the defendants were extradited in a highly irregular manner, and the prosecution's investigation was led by

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3570-525: The State Federation of Labor of California appointed a committee to travel to Los Angeles and investigate the matter. The committee included a number of Western Federation of Miners members, who would have been familiar with dynamite. The committee reported back that there were no signs of a dynamite explosion at the Times building, and that it was solely a gas explosion. They also concluded that Otis knew that it

3655-615: The United States was 7th out of 24 OECD countries in terms of annual working hours per worker. (See Working time for a complete listing.) On August 23, 2004, President George W. Bush and the Department of Labor proposed changes to regulations governing implementation of the law. According to one study, the changes would have had significant impact on the number of workers covered by overtime laws and have exempted several million additional workers. The Bush administration maintained that

3740-405: The United States, such arrangements are currently legal in the public sector but not in the private sector. For example, non-exempt workers must receive at least one and one half times their normal hourly wage for every hour worked beyond 40 hours in a work week. For example, workers who clock 48 hours in one week would receive the pay equivalent to 52 hours of work (40 hours + 8 hours at 1.5 times

3825-471: The Zeehandelaar bomb, and decided to search around the estate. He found a leather suitcase behind some bushes under a bay window. Again the police arrived, and carried the suitcase away from the house and out in the open. However, while they were cutting open the suitcase, the clockwork alarm went off inside the suitcase. The police ran to safety just before the bomb exploded. Investigators speculated that, like

3910-428: The Zeehandelaar bomb, the clock mechanism at the Otis house had been wound too tightly, delaying the explosion. On the same night as the Times explosion, there was a reported attempted break-in at the Times auxiliary building, in which two men were chased off by a security guard. The incident was at first assumed to be another bombing attempt. The IW strike committee in Los Angeles and Samuel Gompers , president of

3995-406: The additional funds. The AFL Executive Council established a permanent "Ways and Means Committee" to seek money. The federation appealed to local, state, regional and national unions to donate 25 cents per capita to the defense fund, and set up defense committees in larger cities throughout the nation to take donations. Darrow also insisted that he needed popular support, to put political pressure on

4080-479: The bomb that destroyed the Los Angeles Times building on October 1, 1910. John J. McNamara, setting foot for the first time in court, admitted to having ordered the bombing of the Llewellyn Iron Works on December 25. J.J. McNamara later told an interviewer that Darrow had kept the McNamara brothers isolated from public opinion. Had they known how strongly the public was on their side, they would not have agreed to

4165-416: The bombing as: "a job that General Otis did himself or had it done, for I know the man well." Iron Workers president Frank Ryan asked Clarence Darrow to defend the McNamaras. Darrow had become a hero in labor circles for his successful defense of labor leader Bill Haywood in 1906. However, Darrow was in ill health, and although organized labor was convinced of the McNamaras' innocence, Darrow realized that

4250-514: The bombing mission. On the evening of 30 September 1910, J.B. left a suitcase full of dynamite in the narrow alley between the Los Angeles Times Building and the Times annex, known as "Ink Alley", which contained the paper's printing press . The suitcase was left near barrels of flammable printer's ink. The dynamite had a detonator connected to a mechanical windup clock, set to close an electric battery circuit at 1:00am, and set off

4335-489: The building. The Times was a morning paper, and so had employees working during the late-night early-morning hours. The bombers were unaware that a number of Times employees were working overnight to produce an extra edition the next afternoon which would carry the results of the Vanderbilt Cup auto race. The bomb collapsed the side of the building, and the ensuing fire destroyed both the Times building and Ink Alley. Of

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4420-646: The compensation of employees in California. California employers must comply with both, since there are two sources of applicable law (federal and state). In California, based on California Labor Code 1171 , only an employment relationship is required for overtime rules to apply. Under the California Industrial Welfare Commission Wage Orders , an "employer" is "any person ... who directly or indirectly, or through an agent or any other person, employs or exercises control over wages, hours, or working conditions of any person." Under

4505-448: The custody of Burns. From arrest to departure took thirty minutes. The same day, McManigal and J.B. were taken by Los Angeles police via train to California. All three men arrived in Los Angeles on April 26. The national labor movement was outraged by the way the McNamaras had been treated, and labor leaders were quick to defend the brothers' innocence. They contended that Burns had engaged in kidnapping, misrepresentation of his status as

4590-668: The evidence against them was overwhelming and that the brothers were almost certainly guilty. Soon after the arrest, and before he agreed to represent the McNamaras, he confided this to a journalist as the reason he was reluctant to take the case. Ryan turned to Harriman, who agreed to be the brothers' defense attorney. Gompers, however, visited Darrow in Chicago and convinced him that the case required his expertise. Reluctantly, Darrow consented to be lead defense attorney. Harriman stayed on as his assistant. Darrow also recruited former Los Angeles county assistant district attorney Lecompte Davis, pro-union Indiana judge Cyrus F. McNutt, and president of

4675-411: The explosion. J.B. left similar bombs, also set to explode at 1:00am, next to the homes of both Times publisher Otis and Felix Zeehandelaar, secretary of the M&M. He then boarded a train to San Francisco, and was out of town when the bomb at the Times building went off. This was an escalation of the bombing campaign. Previously, only non-union workplaces had been targeted. Now the IW was expanding

4760-535: The face of employer violence and state-sponsored repression of labor unions. J.B. was an eager proponent of Steffens' plans, but J.J. refused to cooperate unless Darrow agreed. Darrow was stunned by Steffens' report that the brothers had admitted their guilt to him, but with his health worsening and his pessimism about the defense growing, Darrow agreed to permit the McNamaras to cooperate with Steffens. The weekend of November 19–20, Darrow and Steffens met with newspaper publisher E. W. Scripps . During their discussions of

4845-406: The gas pipes. However, Ortie McManigal testified that before their arrest, J.B. had told him that he had gone into the Times building – he was challenged twice, but each time passed by saying he was on his way to the composing room – went into the basement and wrenched off a gas valve to maximize the destruction. On the morning of 1 October, Zeehandelaar's maid found a package behind a bush beneath

4930-540: The maximum number of overtime hours that an employee may work, which may be no more than 15 hours per week, 45 hours per month and 360 hours per year. In the United States the Fair Labor Standards Act of 1938 applies to employees in industries engaged in or producing goods for interstate commerce. The FLSA establishes a standard work week of 40 hours for certain kinds of workers, and mandates payment for overtime hours to those workers of one and one-half times

5015-573: The nature of their work, criminal investigators are required to work, or be available to work, substantial amounts of "unscheduled duty." Availability pay is generally an entitlement that an agency must provide if the required conditions are met, but is optional in any agency's Office of the Inspector General that may employ fewer than five criminal investigators. The following agencies are covered under LEAP: Independent contractors are not considered employees and therefore are not protected by

5100-409: The next morning. It was my intention to injure the building and scare the owners. I sincerely regret that these unfortunate men lost their lives. If the giving of my life would bring them back I would gladly give it. In fact, in pleading guilty to murder in the first degree I have placed my life in the hands of the state. Judge Bordwell rejected the defendants' assertions that they did not intend to harm

5185-431: The next week (assuming over 40 hours is overtime), and be paid an extra amount equivalent to 4 hours work (8 multiplied by 0.5). In Australia, such arrangements both in the private and public sector are common. In some cases, particularly when employees are represented by a labour union , overtime may be paid at a higher rate than 1.5 times the hourly pay. In some factories, for example, if workers are required to work on

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5270-450: The normal hourly wage). With comp time, the worker could (or would have to) forgo the 12 hours of overtime pay and instead take 8 paid hours off at some future date. In some other jurisdictions, such as Canada, employers might be required to pay the overtime at the higher rate (e.g. 1.5 times the normal rate), but also be allowed to require time off in lieu at the normal rate. Thus, an employee might work 48 hours in one week, and 32 hours

5355-408: The open shop campaign was a significant success. By 1910, U.S. Steel had almost succeeded in driving all unions out of its plants. Unions in other iron manufacturing companies also vanished. Only the IW held on (though the strike at American Bridge continued). Union officials used violence to counter the setbacks they had suffered. Beginning in late 1906, national and local officials of the IW launched

5440-415: The other sites too closely guarded, and never visited the remaining two. J.J. was angry that only one of the sites was bombed, but McManigal told him that security was too tight. The Times and law enforcement authorities announced that the perpetrators would be caught immediately, but weeks passed and no arrests were made. The City of Los Angeles posted a $ 25,000 reward for the capture of the bombers, and

5525-414: The outcome of the trial. He felt J. B. could not be relied on as a witness and would break down under cross-examination . On October 15, he learned that the prosecution had acquired masses of evidence to support 21 separate charges. On October 18, he learned that U.S. Attorney General George W. Wickersham had obtained enough evidence on his own to secure, with President William Howard Taft 's approval,

5610-471: The plea deal, he claimed. At his sentencing hearing, Jim McNamera's confession was read in court: I, James B. McNamera, having heretofore pleaded guilty to the crime of murder, desire to make this statement of facts: On the night of September 30, 1920, at 5:45 p.m., I placed in Ink Alley, a portion of the Times building, a suitcase containing sixteen sticks of 80 per cent dynamite, set to explode at one o'clock

5695-406: The practical impact on working Americans would be minimal and that the changes would help clarify an outdated regulation. In particular, the new rules would have allowed more companies to offer flextime to their workers instead of overtime. The definition of exempt employees (ineligible for overtime) is regularly tested in the courts. A recent case is Encino Motorcars v. Navarro , which addresses

5780-541: The prosecution. Pins, buttons and other paraphernalia were sold to raise money, and a film about J. J. McNamara— A Martyr to His Cause —was produced. It premiered in Cincinnati, Ohio , and an estimated 50,000 people paid to see it. Labor Day throughout the nation was declared to be "McNamara Day", and mass marches were held in 13 major cities in support of the defendants. Jury selection began on October 25. As voir dire continued, Darrow became increasingly concerned about

5865-417: The prosecutor, Fredericks. Fredericks refused to sanction any plan which let the McNamaras go free. The National Erectors' Association had learned of the talks (both the defense and prosecution had their paid spies in the other's camp), and was pressing Fredericks to reject any plea bargain. As a compromise, Fredericks demanded that J.B. receive life in prison and J.J. receive a much shorter term. The agreement

5950-416: The purposes of overtime compensation under federal law, they are working more than 8 hours for purposes of California overtime law, and rounding the 6- and 10-hour workdays to two 8-hour workdays would cheat the employee out of two hours of overtime pay. Perhaps the biggest difference between California and federal overtime law relates to the administrative exemption's "primarily engaged" in duties that meet

6035-648: The question of whether automobile dealer service advisors are eligible for overtime. A company may harm themselves by docking a salaried employee for disciplinary reasons. Uber is an example of a company that, in various jurisdictions, has been subject to litigation regarding exemptions. The New York Times noted in 2017 that "Despite their appeal, the apps have faced a wave of criticism, including concerns over wheelchair accessibility and driver pay." The state of California 's overtime laws differ from federal overtime laws in many respects, and they involve overlapping statutes , regulations , and precedents that govern

6120-613: The regulation include certain types of administrative, professional, and executive employees. To qualify as an administrative, professional, or executive employee and therefore not be entitled to overtime, three tests must be passed based on salary basis, duties, and salary level. There are many other classes of workers who may be exempt including outside salespeople, certain agricultural employees, certain live-in employees, and certain transportation employees. Employees can neither waive their FLSA protections nor abridge them by contract. An employer may not retaliate against an employee for filing

6205-493: The seventh consecutive workday of a single workweek. Under federal law there are only 40 hour weekly overtime limits. The eight-hour overtime limit in California frequently gives rise to wage-and-hour litigation for violations of state (but not federal) labour laws. For example, "comp time" schemes in which employers tell employees that since they worked 10 hours on Monday they can work 6 hours on Tuesday are illegal because even though employees are not working more than 40 hours for

6290-424: The singular) is an issue or incident arousing widespread controversy , outside campaigning , and heated public debate . The term continues in the media in all senses. It is sometimes used positively for celebrated legal cases for their precedent value (each locus classicus or "case-in-point") and more often negatively for infamous ones, whether for scale, outrage, scandal , or conspiracy theories . The term

6375-546: The spring of 1910. On June 1, 1910, 1,500 union members struck iron manufacturers in the city to win a $ 0.50 an hour minimum wage ($ 16 an hour in 2023 dollars) and overtime pay . The M&M raised $ 350,000 ($ 11,445,000 in 2023 dollars) to break the strike. A superior court judge issued a series of injunctions which all but banned picketing . On July 15, the Los Angeles City Council unanimously enacted an ordinance banning picketing and "speaking in public streets in

6460-403: The targets to the homes of anti-union leaders, and a newspaper noted for its anti-union editorial policy. At 1:07 a.m. on October 1, 1910, the bomb went off in the alley outside the three-story Times building, located at First Street and Broadway . The sixteen sticks of dynamite in the suitcase bomb were not enough to level the whole structure, but the bomb ignited natural gas piped into

6545-524: The textile mills in the 1920s). These laws may take into account other considerations than humanitarian concerns, such as preserving the health of workers so that they may continue to be productive, or increasing the overall level of employment in the economy. One common approach to regulating overtime is to require employers to pay workers at a higher hourly rate for overtime work. Companies may choose to pay workers higher overtime pay even if not obliged to do so by law, particularly if they believe that they face

6630-415: The trial, Darrow raised the possibility of pressuring the prosecution into accepting a plea bargain. In exchange for light prison terms for the McNamaras, the AFL would end its debilitating strike and organizing efforts against Los Angeles employers. Steffens met with Otis and Harry Chandler , Otis' son-in-law and assistant general manager at the Los Angeles Times . Both men agreed to the plan. The success of

6715-399: The union's bombing campaign on orders from union president Frank Ryan and secretary-treasurer J.J. McNamara. McManigal and J.J. were borderline alcoholics who liked to drink and hunt at the same time. Burns infiltrated one of their late-winter hunting trips with a spy, and during the trip J.J. boasted of having blown up the Times building. The undercover private eye also surreptitiously took

6800-466: The wage standards set in heavily unionized San Francisco . Unions in San Francisco feared that employers in their city would also soon begin pressing for wage cuts and start an open shop drive of their own. The only solution they saw was to re-unionize Los Angeles. The San Francisco unions relied heavily on the IW, one of the few strong unions remaining in Los Angeles. The unionization campaign began in

6885-431: The workers' normal rate of pay for any time worked above 40 hours. The law creates two broad categories of employees, Employers are not required to pay exempt employees overtime but must do so for non-exempt employees. Law Enforcement Availability Pay (LEAP) is a type of premium pay that is paid to federal law enforcement officers who are classified as GS-1811 or FP-2501, criminal investigator or special agent. Due to

6970-438: Was accused of attempted bribery of a juror. The defense team's chief investigator had been arrested for bribing a juror, and Darrow had been seen in public passing the investigator money. With Darrow himself on the verge of being discredited, the defense's hope for a simple plea agreement ended. On December 1, 1911, the McNamara brothers changed their pleas in open court to guilty. James B. McNamara admitted to murder by having set

7055-530: Was an accident, but had fabricated charges against the McNamaras, partly to discredit labor unions, and partly to evade blame for his negligence that allowed the gas accident to happen. The report declared: On the other hand. those who are familiar with the peculiarities of explosions by dynamiting, the evidence furnishes an overwhelming certainty that there was no dynamite connected with the affair. Some went farther. Eugene Debs accused Harrison Otis of blowing up his own building to frame labor leaders. He referred to

7140-436: Was laid before the McNamara brothers. J. B. initially refused to agree to any plea bargain that did not set his brother free. But when Darrow told him that a settlement was possible only if both brothers pleaded guilty, J. B. gave his consent. Darrow sent for a representative of the AFL. The shocked labor leader refused to accept the agreement until Darrow convinced him that the defense had almost no chance. Darrow had hoped that

7225-438: Was particularly critical of Samuel Gompers. Burns did not believe that Gompers was part of the dynamite plot, but blamed Gompers for being irresponsible in accusing Burns of framing the McNamaras, in the face of overwhelming evidence. Burns wrote that Gompers could not have been unaware of the four-year dynamiting campaign, which should have given him pause. The defense blamed the L.A. Times explosion on an accidental ignition of

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