CHARLES KRAMER, THE LEVISON GROUP
Writing was the life blood of Henry Daugger. It was his reason for getting up in the morning, and the reason he had his sixth cup of coffee before noon. From the moment he could put crayon to paper, he knew he wanted to be a "writer." He devoured books, and took every possible English course in high school. In college he majored in creative writing and minored in journalism. After college he took a job with a small paper in New Hampshire, both because it was the only journalism job he was offered, and because he believed the remote location would allow him to pen his masterpieces without distraction.
Soon however, Mr. Daugger realized the newspaper business was dying, even in New Hampshire, so he took up blogging, he created seven different blogs and contributed to each daily. Within three years his seven blogs combined to attract 19 readers and only one small advertiser. The food in the cupboards dwindled low.
So, Henry Daugger turned to the law. He took the LSAT and did reasonably well. He then delved into the 867,598 law schools in the nation, picked one, and applied. It only took Henry three weeks to decide what to write his application essay about, another three days to write it and get it perfect, and seven weeks to find a bank willing to loan the somewhat-older-than-your-typical-student Henry the necessary funds. Henry was accepted and began his studies.
In his second year of law school, the energetic Henry approached a not-for-profit organization in town which filed amicus curiae briefs in support of litigants advancing important social issues, and asked if he could work with its legal staff, to help him learn to adapt his writing skills to the law. The organization had little funds, but Henry agreed to work for free, for the experience.
Henry Daugger finally found his niche. His years of writing paid off, as he quickly learned to become a prolific brief writer. In fact, his work product was so persuasive and elegantly worded, that he caught the attention of several prominent governmental workers. Which is when the problem arose.
The organization with which Henry worked was hit with a lawsuit by the federal government, for failing to pay Henry minimum wage. Henry protested it was his idea to work for free, but the law refused him the right to make such a choice. You cannot waive the obligation of an employer to pay minimum wage. The organization had no defense. It paid a hefty fine, and paid Henry his "back wages" that Henry never wanted. It was also forced to let Henry go, which helped no one.
This is the story of Henry Daugger. This is the story of America.
Under Analysis is a nationally syndicated column of the Levison Group. Charles Kramer is a principal of the St. Louis, Missouri law firm Riezman Berger PC. Comments or criticisms about this column may be sent to the Levison Group c/o this newspaper or direct to the Levison Group at comments@levisongroup.com.
© 2015 Under Analysis L.L.C.
Published: Fri, Sep 18, 2015
