Labor Law in the Contemporary Workplace

Author: Kenneth G. Dau-Schmidt
Publisher:
ISBN: 9780314289360
Format: PDF, ePub, Docs
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Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

The Fissured Workplace

Author: David Weil
Publisher: Harvard University Press
ISBN: 067472612X
Format: PDF, Kindle
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In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.

Rethinking Workplace Regulation

Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
ISBN: 1610448030
Format: PDF, Mobi
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During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.

Contemporary Employment Law

Author: C. Kerry Fields
Publisher: Wolters Kluwer Law & Business
ISBN: 1454873434
Format: PDF, Docs
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Contemporary Employment Law, Third Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concepts summaries, modern topics and issues, and a clearly written narrative approach to the material.

American Labor Struggles and Law Histories

Author: Kenneth M. Casebeer
Publisher:
ISBN: 9781611638721
Format: PDF, Kindle
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In more than twenty chapters and interludes, American Labor Struggles and Law Histories narrates the collective actions of workers and how those actions intersected with and were impacted by law, courts, and the police, from a slave revolt in 1712 in New York City and the first casualties in the American Revolution to contemporary actions such as supply chain pressures on Walmart. New chapters include tying together the West and East Coast organizing drives of the CIO in 1935, present-day issues affecting Wisconsin public workers, and efforts to resist wage theft.

Labor law stories

Author: Laura J. Cooper
Publisher: Foundation Pr
ISBN: 9781587788758
Format: PDF, Kindle
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Labor Law Stories tells the story of the development of labor law over the course of nearly seventy years, beginning with one of the earliest cases under the National Labor Relations Act, Mackay Radio, and ending with one of the most recent, Hoffman Plastic. The book includes cases from the major topics in a basic or advanced course on Labor Law, and describes not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved and their advocates, and how the law they made through litigation sometimes had an impact on others, and sometimes did not. The authors interviewed dozens of participants in the fourteen cases addressed in the book, including union organizers; company managers; lawyers for unions, companies, and the NLRB; members of the NLRB; and Supreme Court clerks. In these interviews and in archival records all over the country, the authors discovered previously unknown information about these cases that will surprise and charm both labor law experts and those new to the field. Some of the chapters are able to resolve mysteries about the cases that have puzzled generations of labor law professors and their students.