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Book Workplace Privacy

    Book Details:
  • Author : Jonathan Remy Nash
  • Publisher : Kluwer Law International B.V.
  • Release : 2010-01-01
  • ISBN : 9041131639
  • Pages : 778 pages

Download or read book Workplace Privacy written by Jonathan Remy Nash and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.

Book Labor and Employment Law Initiatives and Proposals Under the Obama Administration

Download or read book Labor and Employment Law Initiatives and Proposals Under the Obama Administration written by Zev J. Eigen and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barack Obama's famous "Blueprint for Change," part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law's Center on Labor and Employment Law - the 62nd in this venerable and highly influential series - the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.

Book Compensation  Work Hours and Benefits

Download or read book Compensation Work Hours and Benefits written by J. Hirsch and published by Kluwer Law International B.V.. This book was released on 2009-05-12 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyse new developments and trends in U.S. labor law and practice. Reproduced here are papers delivered at the 2004 conference, the 57th in this venerable and highly influential series, with other articles either reprinted from earlier publications or written for this volume. The theme of the 2004 Conference was “Compensation, Work Hours, and Benefits.” The broad range of contexts in which compensation, work hours, and benefits issues and disputes arise is clearly on display in the many relevant aspects with which the authors engage. These issues are gathered into nine categories as follows: problems in ensuring acceptable compensation and work conditions in a global economy; attempts by states and municipalities to implement living wage measures and the potential conflict between such attempts and the doctrine of private labor law preemption; the possible demise of traditional pension benefits; recent workplace developments arising in response to the Fair Labor Standards Act (FLSA); the legality of policies surrounding attempts to keep workers’ pay secret; special compensation claims typically found in securities industry arbitration; state protections for non-salary forms of compensation; regulation of multiemployer benefit plans by the Employee Retirement Income Security Act (ERISA); and compensation, work hours and benefits issues with regard to multinational organizations. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

Book Labour Law and Sustainable Development

Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.

Book Labor Guide to Labor Law

    Book Details:
  • Author : Bruce S. Feldacker
  • Publisher : Cornell University Press
  • Release : 2014-08-12
  • ISBN : 0801454581
  • Pages : 657 pages

Download or read book Labor Guide to Labor Law written by Bruce S. Feldacker and published by Cornell University Press. This book was released on 2014-08-12 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor Guide to Labor Law is a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.Labor Guide to Labor Law is structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.

Book The Sources of Labour Law

    Book Details:
  • Author : Tamás Gyulavári
  • Publisher : Kluwer Law International B.V.
  • Release : 2019-12-06
  • ISBN : 9403502045
  • Pages : 608 pages

Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Book Employment Law Update  2020 Edition

Download or read book Employment Law Update 2020 Edition written by HENRY H. PERRITT (JR.) and published by Wolters Kluwer. This book was released on 2020-03-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field. Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Highlights of coverage in this 2020 Edition include: Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules. Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated. How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements. The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states. The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace. The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors. Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights. Note: Online subscriptions are for three-month periods. Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452

Book Governing the Workplace

Download or read book Governing the Workplace written by Paul C. Weiler and published by . This book was released on 1990-09-12 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of wrongful dismissal forced me to confront head-on the fundamental challenge to contemporary labor and employment law.

Book Contemporary Employment Law

    Book Details:
  • Author : C. Kerry Fields
  • Publisher : Aspen Publishing
  • Release : 2021-07-29
  • ISBN : 1543826156
  • Pages : 1480 pages

Download or read book Contemporary Employment Law written by C. Kerry Fields and published by Aspen Publishing. This book was released on 2021-07-29 with total page 1480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. 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

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

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.

Book Global Labor and Employment Law for the Practicing Lawyer

Download or read book Global Labor and Employment Law for the Practicing Lawyer written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2010-09-28 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia – twenty-seven in all – use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.

Book The Cambridge Handbook of U S  Labor Law for the Twenty First Century

Download or read book The Cambridge Handbook of U S Labor Law for the Twenty First Century written by Richard Bales and published by Cambridge University Press. This book was released on 2019-12-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.