Download or read book Constructing a Litigation Strategy to Take Back the Workers Law written by Ellen Dannin and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Congress debated the NLRA in 1935, it was acutely aware of the problem of judicial amendments of workplace laws, because it had just been through decades of re-legislating employee rights that judges had repeatedly destroyed under the guise of interpretation. Despite its concerns, experience has shown that Congress was unable to draft the NLRA in a way that would allow it to withstand the process of judicial amendment. Even more recent experience shows that this process of judicial amendment continues to undermine workplace laws. Amendment by judicial interpretation gutted the Americans with Disabilities Act and overrode the clear intent of Congress, leading to the recent passage of the Americans with Disabilities Restoration Act. In 1991, Title VII was amended to reverse Supreme Court decisions that eviscerated our most important anti-discrimination law. While amendments to restore a law to its original purpose are sometimes possible, they come at a high cost. The ADA was successfully amended only because of the personal stake and strong support of Representative F. James Sensenbrenner (R-WI), one of the ADA's original authors. Unions have spent years lobbying for the enactment of the Employee Free Choice Act, legislation that is necessitated because of judicial amendments. EFCA and the the ADA Restoration Act demonstrate that such amendments require costly lobbying and powerful supporters. Most judicially amended laws do not have sufficiently powerful partisans and thus linger in their weakened state. Thus, the enervated Family and Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA) fail to achieve their purposes but have no partisans with the power and commitment to amend them to restore them to their original purpose. Far better than pursuing this cycle of legislation, judicial rewriting of legislation, and potential restoration by re-legislation would be to stop the process of judicial amendments and to use litigation to reverse those that now exist. The NAACP legal Defense Fund litigation strategy provides evidence that such a process can be successful and furnished the general outlines for how such a strategy can be constructed. Among the lessons are that change cannot come from one person's advocating the need for such a strategy or identifying problems with the way judges decide NLRB cases. Real change requires a group of knowledgeable, thoughtful, and creative people to formulate the outlines of that strategy and adapt it to meet changed circumstances. To be most effective, such a strategy would be initiated by the NLRB General Counsel; however, Taking Back the Workers' Law - How to Fight the Assault on Labor Rights (2006 Cornell) provides guidance to litigants in pursuing that strategy on their own. This article briefly reviews ideas relevant to the construction of a litigation strategy before identifying examples of NLRA issues that should among those first addressed. Finally, the article then discusses ways to build on those ideas in order to strengthen and enforce the rights set out in the NLRA.
Download or read book Taking Back the Workers Law written by Ellen Dannin and published by Cornell University Press. This book was released on 2018-09-05 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prolabor critics often question the effectiveness of the National Labor Relations Board. Some go so far as to call the Board labor's enemy number one. In a daring book that is sure to be controversial, Ellen Dannin argues that the blame actually lies with judicial decisions that have radically "rewritten" the National Labor Relations Act. But rather than simply bemoan this problem, Dannin offers concrete solutions for change. Dannin calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930s to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. Dannin contends that only by promoting these core purposes of the NLRA can unions survive—and even thrive.
Download or read book Taking Back the Workers Law written by Ellen J. Dannin and published by Cornell University Press. This book was released on 2006 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on unions and on the National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA), the agency and the law created to promote unionization and collective bargaining. Argues that the effectiveness of the NLRB has been eroded by judicial decisions that have radically rewritten the MLRA. Offers concrete solutions to counter the attack on workers' rights.
Download or read book Strategies for Employment Class and Collective Actions written by James M Nicholas and published by . This book was released on 2012 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategies for Employment Class and Collective Actions provides an authoritative, insiders perspective on key tips for assisting clients through negotiating conditions in a settlement. Featuring experienced partners from law firms across the nation, these experts guide the reader through collecting documentation and evaluating when it is best to settle. These top lawyers offer specific advice on developing relationships with experts and witnesses, encouraging clients to use wage and hour policies, and helping clients stay up-to-date on various class action certification requirements. From fluctuations in wage and hour regulations to the benefits of early action, these experts stress the importance of educating clients on labor laws and taking preventative measures against policies at risk for litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-present field.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Employee Rights Litigation written by and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Older Workers Benefit Protection Act written by United States and published by . This book was released on 1990 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Gloves off Economy written by Annette D. Bernhardt and published by Cornell University Press. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the United States, increasing numbers of employers are breaking, bending, or evading long-established laws and standards designed to protect workers, from the minimum wage to job safety standards to the right to organize. This "gloves-off economy," no longer confined to a marginal set of sweatshops and fly-by-night small businesses, is sending shock waves into every corner of the low-wage labor market. In the process, employers who play by the rules are under growing pressure to follow suit, intensifying the search for low-cost business strategies across a wide range of industries and ratcheting up into ever higher reaches of the labor market. Although other books have touched on pieces of this problem, The Gloves-off Economy is the first to provide a comprehensive, integrated analysis--and quite a disturbing one.This book examines a range of gloves-off practices, the workers who are affected by them, and strategies for enforcing workplace standards. The editors, four respected labor scholars, have brought together economists, sociologists, labor attorneys, union strategists, and other experts to offer varying perspectives on both the problem and the creative solutions currently being explored in a wide range of communities and industries. Annette Bernhardt, Heather Boushey, Laura Dresser, and Chris Tilly and the volume's other authors combine rigorous analysis with a stirring call to renew worker protections in the twenty-first century.
Download or read book Handbook of Employment Discrimination Research written by Laura Beth Nielsen and published by Springer Science & Business Media. This book was released on 2008-06-06 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of original papers by leading legal scholars and social scientists that develop new perspectives on anti-discrimination law, with an emphasis on employment discrimination. The articles were written for a conference held at Stanford Law School in Spring 2003 that was sponsored by the American Bar Foundation and Stanford Law School. The purpose of that conference, this volume, and ongoing work by the Discrimination Research Group based at the American Bar FoundationandtheCenterforAdvancedStudyintheBehavioralSciencesistoadvance the social scienti?c understanding of employment discrimination and the operation of employment discrimination law as a social system, and to consider the legal and policy implications of this emerging body of social science. Now is a pivotal moment for an attempt at a deeper understanding of discrimi- tion and law. After three decades of theoretical development and empirical research onemploymentdiscriminationanditstreatmentinlaw,itiscrucialthatlawyers,social scientists,andpolicymakersassesswhatweknowanddonotknowaboutemployment discrimination and its treatment by law. To date, there are several streams of active research that only occasionally engage with each other. Economists and sociologists continue to debate the extent to which women, minorities, and other traditionally disadvantagedgroupsfacediscriminationinlabormarketsandorganizations. Orga- zation scholars and legal scholars have begun to map the effect of anti-discrimination law on organizational structures and processes, and to raise questions about the extent to which the legalization of organizational employment systems represents symbolic or substantive changes in employment practices.
Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
Download or read book Making Employment Rights Effective written by Linda Dickens and published by Bloomsbury Publishing. This book was released on 2012-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.
Download or read book Principled Labor Law written by Sergio Gamonal C. and published by Oxford University Press. This book was released on 2019-10-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Creating a Consumer Financial Protection Agency written by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs and published by . This book was released on 2010 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Departments of Labor Health and Human Services Education and Related Agencies Appropriations for 1983 Department of Labor written by United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Labor, Health and Human Services, Education, and Related Agencies and published by . This book was released on 1982 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
