This book prepares students for the practice of labor law in the contemporary workplace by introducing them to the basic principles of American labor law and many of the exciting issues that labor attorneys face.
Author: Kenneth G. Dau-Schmidt
Publisher: West Academic
This book prepares students for the practice of labor law in the contemporary workplace by introducing them to the basic principles of American labor law and many of the exciting issues that labor attorneys face. The book varies from existing casebooks in several respects. First, the book is organized around contemporary problems as a means of teaching the core principles of labor law. Second, 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. Third, the book examines the intersection of the practice of labor law with anti-discrimination laws, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act and the Occupational Safety and Health Act. Finally, the book examines the problems of labor practice in the global economy and includes examples that touc
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Author: C. Kerry Fields
Publisher: Wolters Kluwer Law & Business
p>Contemporary Employment Law, Fourth 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, concept summaries, modern topics and issues, and a clearly written narrative approach to the material. The revised Fourth Edition continues to provide the information students need in a practical and contemporary text. New to the Fourth Edition: New summary charts provide helpful overviews of complex topics: Recruitment, Selection, and Testing at the end of Chapter 2 Remedies for Discrimination Claims at the end of chapter 4 Post Hire Employment Discrimination Claims at the end of Chapter 5 Leaves of Absence at the of Chapter 11 Wage and hour claims at the end of Chapter 14 WARN Mass Layoffs and Plant Closures at the end of Chapter 14 The most up-to-date developments in employment law, with new statutes, regulations, and Supreme Court cases, including those on gender orientation and transgender status. An updated glossary which makes it easier for students to find definitions of the important terms discussed in the text. Updated forms. Professors and student will benefit from: Rich pedagogical design Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision Every briefed case includes thought provoking Focus on Ethics questions Sample forms used in employment law and human resource practice are placed throughout the text and enable students to appreciate how a concept is applied in the real world. Practice problems for exam review that facilitate student learning Teaching materials Include: Instructor’s Manual Test Bank PowerPoints
31 Principled Hope Labor Law Reform from an Alt-Labor Perspective César F. Rosado Marzán A Introduction Labor advocates and reformers have been ... 2 See Kenneth Dau Schmidt et al., Labor Law in the Contemporary Workplace 115–16 (2d ed.
Author: Richard Bales
Publisher: Cambridge University Press
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
88 See Kenneth Dau-Schmidt et al., Labor Law in the Contemporary Workplace 594 (2nd ed. 2014) (“Collective bargaining statutes reflect a policy determination that favors a privately ordered workplace over one controlled by direct ...
Author: Sergio Gamonal C.
Publisher: Oxford University Press
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Labor Law in the Contemporary Workplace (2nd ed. West Academic Publishing, 2014). 7 See Reuel E. Schiller, “From Group Rights to Individual Liberties: Post-War Labor Law, Liberalism, and the Waning of Union Strength,” Berkeley Journal ...
Author: Brian Langille
Publisher: Oxford University Press
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
CHAPTER THREE 1 I have traced the short history of academic labour law in “Labour Law as the Law of Economic Subordination ... of the US casebook group, see Lance Compa et al., “Foreword,” in Labor Law in the Contemporary Workplace, ed.
Author: Harry W. Arthurs
Publisher: McGill-Queen's Press - MQUP
Category: Biography & Autobiography
Harry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.
Release on 2011 | by United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Health, Employment, Labor, and Pensions
I am the coauthor of a casebook , Labor Law in the Contemporary Workplace ( West Publishing Co. 2009 ) , as well as two other books on labor and employment law ( Labor Law Stories ( Foundation Press 2005 ) and Working knowledge ...
Author: United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Health, Employment, Labor, and Pensions
... 'Labor Law 2.0: The Impact of Information Technology on the Employment Relationship and the Relevance of the NLRA' (2015) 64 Emory Law Journal 1583 Dau-Schmidt K and others, Labor Law in the Contemporary Workplace (2nd edn, ...
Author: Roger Brownsword
Publisher: Oxford University Press
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
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.
Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
Category: Business & Economics
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.
Release on 2013-08-20 | by Michael Hunter Schwartz
ROBERTO CORRADA “Formative Assessment in Law School Doctrinal Classes: Rethinking Grade Appeals,” Legal Educ. (forthcoming). ... Labor Law in the Contemporary Workplace (coauthor). New York: Thomson West, 2009.
Author: Michael Hunter Schwartz
Publisher: Harvard University Press
This pioneering book is the first to identify the methods, strategies, and personal traits of law professors whose students achieve exceptional learning. Modeling good behavior through clear, exacting standards and meticulous preparation, these instructors know that little things also count--starting on time, learning names, responding to emails.
Contracts, Markets, and Laws in the US and Japan Zenichi Shishido. bargaining power depends on its ... 11 K.G. Dau-Schmidt, M.H. Malin, R.L. Corrada, C.D. Ruiz Cameron, & C.L. Fisk, Labor Law in the Contemporary Workplace 67 (2009).
Author: Zenichi Shishido
Publisher: Edward Elgar Publishing
Category: Business & Economics
Enterprise law represents the entire range of private contracts and public regulations governing the relationship of different capital providers. Enterprise Law comparatively analyses the way these fundamental legal frameworks complement each other in
Release on 2021-02-23 | by ROBERT A.. FINKIN GORMAN (MATTHEW W.. GLYNN, TIMOTHY P.)
This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration.
Author: ROBERT A.. FINKIN GORMAN (MATTHEW W.. GLYNN, TIMOTHY P.)
Publisher: Foundation Press
The Seventeenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy and polarized political environment. This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration. The Trump Board's starkly different outlook on the role of labor law in the contemporary workplace is reflected in its overturning or reversing precedents on many key issues, such as protections for employee electronic communications, accountability for employers in "fissured" enterprises, and treatment of various other employer restrictions on collective employee activity. The book also contains judicial decisions addressing these developments, evincing the growing conflicts over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2016 through 2020, notably Newly revised NLRB representation election rules SuperShuttle and more, addressing the distinction between employees and independent contractors The Boeing Company, adopting a new and markedly different framework for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as employee use of cameras in the workplace and workplace civility standards Caesars Entertainment, reverting to the Board's prior approach (under The Register Guard) to rules on employee use of employer email for concerted activity The NLRB General Counsel's advocacy of stricter limitations on neutrality agreements Newly enacted rules overturning Browning-Ferris and narrowing the scope of joint employer status Alstate Maintenance, seemingly narrowing the scope of concerted activity for mutual aid or protection Epic Systems, in which the Supreme Court rejected the Board's decision in Murphy Oil, thereby unwinding protection against contractual waivers of the capacity to participate in group arbitration or adjudication of employment-related claims General Motors, adopting a new approach to determining when allegedly abusive conduct loses protection under Section 7. MV Transportation, abandoning the "clear and unmistakable" standard for determining whether a CBA waives the duty to bargain and replacing it with a "contract coverage" standard. New discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today.
Translating Law-and-Society for Today's Legal Practice Elizabeth Mertz, Stewart Macaulay, Thomas W. Mitchell ... American Society for Legal History and the American Historical Association, Labor Law in the Contemporary Workplace (2d ed.
Author: Elizabeth Mertz
Publisher: Cambridge University Press
This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
labour and civil rights law and on the legal profession. She is the Director of the Center on Law, Society and Culture. Fisk is the author of dozens of articles and four books, including Labor Law in the Contemporary Workplace (2nd edn, ...
Author: Paul McDonald
Publisher: Bloomsbury Publishing
Category: Performing Arts
Since the earliest days of cinema the law has influenced the conditions in which Hollywood films are made, sold, circulated or presented – from the talent contracts that enable a film to go into production, to the copyright laws that govern its distribution and the censorship laws that may block exhibition. Equally, Hollywood has left its own impression on the American legal system by lobbying to expand the duration of copyright, providing a highly visible stage for contract disputes and representing the legal system on screen. In this comprehensive collection, international experts offer chapters on key topics, including copyright, trademark, piracy, antitrust, censorship, international exhibition, contracts, labour and tax. Drawing on historical and contemporary case studies, Hollywood and the Law provides readers with a wide range of perspectives on how legal frameworks shape the culture and commerce of popular film.
11See, for example, Kenneth G. DauSchmidt et al, Labor Law in the Contemporary Workplace 711 (West, 2d ed 2014) (“[L]abor union speech receives less First Amendment protection than that of other activists”).
Author: Dennis J. Hutchinson
Publisher: University of Chicago Press
For more than fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the Court's most significant decisions. An in-depth annual critique of the Supreme Court and its work, The Supreme Court Review keeps at the forefront of the reforms and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, the battles concerning same-sex marriage, and numerous First and Fourth Amendment cases.
Labor Law in the Contemporary Workplace. St. Paul, MN: Labor Law Group, 2009. Davidov, Guy. “The Three Axes of Employment Relationships: A Characterization of Workers in Need ofProtection.” University of Toronto Law Journal 52, no.
Author: Matt Stahl
Publisher: Duke University Press
Category: Business & Economics
DIVIn Unfree Masters, Matt Stahl examines recording artists' labor in the music industry as a form of creative work. He argues that the widespread perception of singers and musicians as free individuals doing enjoyable and fulfilling work obscures the realities of their occupation. Stahl begins by considering the television show American Idol and the rockumentary Dig! (2004), tracing how narratives of popular music making in contemporary America highlight musicians' negotiations of the limits of autonomy and mobility in creative cultural-industrial work. Turning to struggles between recording artists and record companies over the laws that govern their contractual relationships, Stahl reveals other tensions and contradictions in this form of work. He contends that contract and copyright disputes between musicians and music industry executives, as well as media narratives of music making, contribute to American socioeconomic discourse and expose basic tensions between the democratic principles of individual autonomy and responsibility and the power of employers to control labor and appropriate its products. Stahl maintains that attention to the labor and property issues that he discloses in relation to musicians and the music industry can stimulate insights about the political, economic, and imaginative challenges currently facing all working people./div