Employment and labour law: general Books

Book SynopsisOver 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.Trade Review'Charlotte Garden and Rick Bales have brought together an impressive group of experts to provide a comprehensive look at how our labor laws could and should be strengthened to give workers more collective bargaining power. This book is a valuable contribution to the public debate around a critically important issue at a critically important time.' Lynn Rhineheart, Economic Policy Institute, and former general counsel, AFL-CIO'At a time of increasing income inequality and declining union power, this much-needed volume provides many smart and provocative ideas on how to overhaul our nation's labor laws in order to strengthen unions, increase worker power, and, most important, lift America's more than 150 million workers. In this book, a who's who of labor experts provide one thoughtful essay after another on many of the key issues that unions and workers face today.' Steven Greenhouse, long-time labor journalist and author of Beaten Down, Worked Up: The Past, Present, and Future of American Labor'In a year of teacher strikes for the public good, private-sector flight attendants standing strong on behalf of locked-out federal workers, and New York state farmworkers just winning a century-long struggle for collective bargaining rights, this book is exceptionally timely and relevant. Richard Bates and Charlotte Garden have chosen an outstanding group of scholars who are refreshingly forward-looking while still being grounded in the daily reality faced by workers and unions.' Kate Bronfenbrenner, Cornell University'The Cambridge Handbook of US Labor Law for the Twenty-First Century is an important resource. It provides a range of opinion and is rich in thought-provoking ideas. It should soon be on the bookshelves of practitioners, scholars, policy makers, and activists - indeed, anyone interested in labor law and policy, worker rights and activism, unions and employers, collective bargaining, economic fairness, and democracy.' Wilma B. Liebman, former chairman, National Labor Relations Board, and professor, author, and advisor on labor law and workplace policy'The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century represents a highly valuable tool for both the scholars and the practicing lawyers to address practical issues and de lege ferenda policies surveying a wide range of topics in a synthetic and clear way, whose analysis is frequently neglected or underestimated by most.' Prof. Dr Andrea Borroni, Contemporary Labour Law Review'The Handbook of US Labor Law for the Twenty-First Century performs several valuable roles: it is a primer on the current state of the organized labor movement and on the economic, political, social, and cultural consequences of its weakness … In assembling such a large and diverse group of contributors, the Handbook can realistically claim to represent the best of what is on offer in addressing all of these crucial topics for discussion and action.' Christopher Tomlins, Law & Social InquiryTable of ContentsList of contributors; Preface; Acknowledgements; Part I. Introduction: 1. Union trends Richard Bales; 2. The consequences of union decline Jake Rosenfeld; Part II. Labor Law Is Out of Date: 3. Yesterday's labor law and today's challenges Cynthia Estlund; 4. The National Labor Relations Board in the twenty-first century William B. Gould, IV; 5. Beyond the race to the bottom: reforming labor law preemption to allow state experimentation Charlotte Garden; 6. Union rights for all: towards sectoral bargaining in the United States Kate Andrias; 7. Public sector innovations: valuing voice Ann C. Hodges and Martin H. Malin; 8. Combatting union monopoly power: the contrast between pre- and post-new deal legal regimes Richard A. Epstein; 9. The case for repealing the firm exemption to antitrust (a modest proposal; or, a response to Professor Epstein) Sanjukta Paul; 10. Make labor organizing a civil right Richard Kahlenberg and Moshe Marvit; Part III. The 'Fissured' Workplace: 11. Some problems with NLRA coverage: independent contractors and joint employers Joseph Slater; 12. Reinventing employers Jeffrey Hirsch; 13. The problem of 'misclassification' or how to define who is an 'employee' under protective legislation in the information age Kenneth G. Dau-Schmidt; 14. Rupture and invention: the changing nature of work and the implications for social policy Katherine V. W. Stone; 15. Contemplating new categories of workers: technology and the fissured workplace Miriam A. Cherry; 16. Balancing flexibility and rigidity: do unions make sense in the on-demand economy? Seth Oranburg and Liya Palagashvili; Part IV. Barriers to Forming a Collective Bargaining Relationship: 17. Tactical mismatch in union organizing drives Charlotte Garden; 18. The power of place Michael M. Oswalt; 19. Assembly and collective rights Marion Crain; 20. Leveraging secondary activity within and outside legal boundaries Anne Marie Lofaso; 21. Captive audience meetings: the right not to attend Paul M. Secunda; Part V. Barriers to Bargaining a Good Contract: 22. Obtaining a first contract after winning recognition David Rosenfeld; 23. Advancing global labor standards: potential and limits of international labor law for worker-rights advocacy in the United States Lance Compa; 24. Organizing for workplace rights when immigration law discourages it Leticia M. Saucedo; 25. The central role of the right to strike Julius Getman; 26. Organizational power for workers within the firm Matthew T. Bodie; 27. Returning members-only collective bargaining to the American workplace: how to restore labor's countervailing power Charles J. Morris: Part VI. Unions, Civil Society, and Culture: 28. Can labor law reform encourage robust economic democracy? Brishen Rogers; 29. Union security for the twenty-first century Catherine L. Fisk; 30. Union membership and the Ghent system Matthew Dimick; 31. Principled hope: labor law reform from an alt-labor perspective Cesar F. Rosado Marzan; 32. Politically engaged unionism: the culinary workers union in Las Vegas Ruben J. Garcia; 33. Union commitment to racial diversity Michael Z. Green; 34. The economics of minimum wage regulations Jesus Fernandez-Villaverde; 35. The role of labor research and education in the labor movement of the twenty-first century: the UCLA Labor Center and the CLEAN Carwash Campaign Victor Narro; Index.

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Book SynopsisThere are many new realities confronting labor in the United States. Technology is redefining traditional employment, and globalization continues moving manufacturing as well as service jobs to lower-cost jurisdictions. This timely sixth edition discusses the recent political developments that impact American labor, as well as new court cases and the social and economic issues that American workers are confronting. For union and employer representatives and labor lawyers, alike this volume not only describes the labor law system briefly and clearly, but also attempts to further an understanding among workers, unions, and businesses in order to promote an improved working environment. Professor William B. Gould, IV brings to this work more than a half-century of experience as a practicing labor lawyer and academic, as well as practical exposure to the relationship between administrative agencies and the public.Trade Review'William B. Gould IV expertly informs analysis of how American labor law faces a crisis of indifference to the needs and interests of the workforce by drawing on his rich lifetime of experience in adjudicating and resolving labor disputes, advising policy makers, and studying the intricacies of labor law. The sixth edition of his Primer clarifies where the law is today, and provides clear and insightful signals of where it needs to go tomorrow.' Thomas A. Kochan, George M. Bunker Professor, Massachusetts Institute of Technology'Gould's latest A Primer on American Labor Law is a bible for union members, elected leaders and staff that explains the legal constraints and opportunities for almost every situation. Using this book before consulting with lawyers will make your conversations more productive and could save you some billable hours.' Craig Merrilees, International Longshore and Warehouse Union'Professor Gould IV does it again. The sixth edition A Primer on American Labor Law, is a comprehensive, yet incredibly accessible exploration into the intricacies of American labor law. It covers everything - history, legal doctrine, policy and practical considerations! A must read for anyone interested in understanding the US workplace.' Rafael Gely, James E. Campbell Missouri Endowed Professor of Law, University of Missouri'A Primer on American Labor Law is an invaluable overview of labor law in the United States that is also readable and quite accessible to non-lawyers. We regularly commend it to our clients as well as to young attorneys who are novices in the field of labor law. Professor Gould IV has now updated his primer to review the extremely significant developments of the last five years, including last year's Supreme Court decision in the Janus case. Well worth reading for experienced labor law practitioners as well as for newcomers.' John Provost, Beeson, Tayer & BodineTable of Contents1. An overview; 2. Industrial relations and labor law before modern legislation; 3. The National Labor Relations Act and related labor law; 4. Unfair labor practices; 5. Establishing the collective bargaining relationship: organization and recognition; 6. Economic pressure and bargaining tactics in the established relationship; 7. Remedies, the Labor Reform Bill of 1978, and the Employee Free Choice Bill of 2009; 8. Dispute resolution in the established relationship; 9. The duty of fair representation; 10. The public sector; 11. Public-interest labor law; 12. Labor in professional sports: collective bargaining and dispute resolution procedures; 13. Conclusion.

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Book SynopsisThis book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women''s work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.Table of Contents1. Why comparisons matter?; 2. Establishing an effective right to equal pay for equal work; 3. Comparing across the ages; 4. Comparisons when equality rights are in conflict.

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Book SynopsisBennett-Alexander and Hartman''s

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Book SynopsisChapter 1 analyses recent changes to state Unemployment Compensation (UC) programs. Two categories of UC state law issues are considered: (1) changes in the duration of state UC unemployment benefits, and (2) changes in the UC weekly benefit amount Chapter 2 provides state-by-state information on workers covered, benefit eligibility, methods of financing, and other areas of interest in the Unemployment Insurance (UI) program. It also includes information on the temporary disability programs operated in six states.Table of ContentsPreface; Unemployment Insurance: Consequences of Changes in State Unemployment Compensation Laws; Comparison of State Unemployment Laws 2019; Index.

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Book SynopsisThe history of child labour in America is long and, in some cases, unsavoury. It dates back to the founding of the United States. Traditionally, most children, except for the privileged few, had always worked -- either for their parents or for an outside employer. Through the years, however, child labour practices have changed. So have the benefits and risks associated with employment of children. In some respects, altered workplace technology has served to make work easier and less hazardous. At the same time, some processes and equipment have rendered the workplace more dangerous, especially for children and youth. This book examines the current state of enforcement of America''s federal child labour laws by the Department of Labour. This historical issue of child labour in America is also briefly reviewed. In addition, recommendations are made about reforms to strengthen protections for working children from hazardous working conditions. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

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Book SynopsisThe Workforce Investment Act of 1998 (WIA, P.L. 105-220) is the primary federal law that provides job training and related services to unemployed and underemployed individuals, including vulnerable young people with barriers to employment. All youth job training programs and related services are authorized under Title I of WIA and administered by the Department of Labor (DOL). These programs include the WIA Youth Activities formula program, Job Corps, and YouthBuild. This book provides an overview of issues that have been raised by stakeholders about youth programs authorized under WIA. It also presents a research-based framework for efforts to increase the likelihood that youth at greater risk of negative outcomes will enter a career trajectory and prepare to become well-functioning, self-sufficient adults.

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Book SynopsisBill 6, the government of Alberta’s contentious farm workers’ safety legislation, sparked public debate as no other legislation has done in recent years. The Enhanced Protection for Farm and Ranch Workers Act provides a right to work safely and a compensation system for those killed or injured at work, similar to other provinces. In nine essays, contributors to Farm Workers in Western Canada place this legislation in context. They look at the origins, work conditions, and precarious lives of farm workers in terms of larger historical forces such as colonialism, land rights, and racism. They also examine how the rights and privileges of farm workers, including seasonal and temporary foreign workers, conflict with those of their employers, and reveal the barriers many face by being excluded from most statutory employment laws, sometimes in violation of the Canadian Charter of Rights and Freedoms. Contributors: Gianna Argento, Bob Barnetson, Michael J. Broadway, Jill Bucklaschuk, Delna Contractor, Darlene A. Dunlop, Brynna Hambly (Takasugi), Zane Hamm, Paul Kennett, Jennifer Koshan, C.F. Andrew Lau, J. Graham Martinelli, Shirley A. McDonald, Robin C. McIntyre, Nelson Medeiros, Kerry Preibisch, Heidi Rolfe, Patricia Tomic, Ricardo Trumper, and Kay Elizabeth Turner.Trade Review"The book’s subtitle — Injustices and Activism — captures the two main themes it explores: the horrible exploitation that many farm workers endure, and the efforts they and their supporters have made to organize for reforms. This book represents a compelling argument that those of us who depend on the life-supporting work done by Canadians and temporary foreign workers on Canadian farms ought to support their efforts to unionize and their insistence that existing safety regulations should be enforced more aggressively." [Full article at http://vancouversun.com/entertainment/books/book-review-exposing-the-injustices-that-lie-beneath-the-canadian-dinner-table] -- Tom Sandborn * Vancouver Sun *"Am currently reading 'Farm Workers in Western Canada: Injustices and Activism' and am absolutely convinced that the Farm Safety Enhancement Bill was the morally right decision to provide safety, protection and compensation for farm families and workers... In time Bill 6 may become recognized as one of [Alberta's] best, progressive pieces of legislation." -- Bruce Hinkley, Wetaskiwin-Camrose MLA * Wetaskiwin Times *"The nine essays in this volume show how dynamics such as global agribusiness concentration have made meat processors and farm workers vulnerable to low-wage, unhealthy and dangerous jobs. This timely book thus underscores why legislated worker rights are crucial... Interspersed throughout the book are first-hand accounts from the pesticide applicators and carcass disassembly lines. Candid stories from Alberta farm worker Darlene Dunlop's 15 years of activism are particularly memorable.... Several chapters on migrant workers in BC, Manitoba and Alberta powerfully illuminate the barriers faced by racialized, non-citizen workers in exercising their rights... While the struggle for justice in Canadian fields and factories is unfinished, this book reminds us of workers' perseverance despite grinding indignity." -- Anelyse Weiler * Alberta Views *"One of the greatest strengths of this book is its emphasis on unsettling a series of longstanding myths about agriculture in western Canada.... In the second half of the book, the contributors continue to explore the role of government policies and racialization in other agricultural sectors and provinces... A particular strength of the book is its focus on understanding the hierarchical, classed, and racialized nature of farm labour..." [Full review at https://muse.jhu.edu/article/677191] -- Rachel Herron * Labour/Le Travail *"Readers interested in examining the topic of agricultural labor on the northern Great Plains will find Farm Workers in Western Canada to be particularly valuable.... Readers who desire a multidisciplinary approach to the topic will be especially satisfied. The book's contributors represent a diverse variety of areas of expertise including sociologists, labor relations specialists, and legal professionals. These authors employ a variety of approaches while examining the contested farm labor issue across the diverse landscapes of western Canada.... Editors Shirley A. McDonald and Bob Barnetson have succeeded greatly in assembling a collection of essays that provide fresh insights in understanding the plight of those who work in hazardous conditions to provide food for an ever-growing global population." [Full review at https://muse.jhu.edu/article/690178] -- Derek S. Oden * Great Plains Research *"McDonald and Barnetson’s collection is an important contribution to our understanding of the multitude of factors that constitute the industrial agriculture food system. Their interdisciplinary approach examines the historical, legal, and current issues facing farm workers from British Columbia to Manitoba. While the legal route may be the simplest solution to solving these problems, this volume clearly shows that many forces and levels of government are at work exploiting these workers." [Full review at: https://bcstudies.com/book_film_review/farm-workers-in-western-canada-injustices-and-activism/] -- Nick Fast * BC Studies *Table of ContentsAcknowledgements // Shirley A. McDonald Introduction // Bob Barnetson and Shirley A. McDonald ONE CAPITALIST FARMS, VULNERABLE WORKERS The Political Economy of Farm Work in Alberta // Bob Barnetson TWO THE PERSONAL EXPERIENCES OF AN ALBERTA FARM WORKER AND ACTIVIST // Darlene A. Dunlop with Shirley A. McDonald THREE GEORGIC THEMES AND MYTHS OF ENTITLEMENT IN THE LIFE WRITING OF PRAIRIE SETTLERS // Shirley A. McDonald FOUR COWS, MEAT, PEOPLE The Social Effects of Migrant Meat Processors in Brooks, Alberta // Michael J. Broadway FIVE A TEMPORARY PROGRAM FOR PERMANENT GAINS? Considering the Workplace Experiences of Temporary Foreign Workers in Manitoba’s Hog-Processing Industry // Jill Bucklaschuk SIX WORKING AWAY Exploring the Lived Experiences of Farm Owner-Operators with Off-Farm Employment in Alberta // Zane Hamm SEVEN FARMING THE CONSTITUTION The Illegality of Excluding Alberta Farm Workers from Labour and Employment Legislation // Jennifer Koshan, Gianna Argento, Delna Contractor, Brynna Hambly (Takasugi), Paul Kennett, C.F. Andrew Lau, J. Graham Martinelli, Robin C. McIntyre, Nelson Medeiros, Heidi Rolfe, and Kay Elizabeth Turner EIGHT BC-GROWN Examining the Place-Embeddedness of Managed Migration and Farm Labour Markets in British Columbia // Kerry Preibisch NINE LABOURING IN THE “FOUR-SEASON PARADISE” Workers and Agriculture in the Okanagan Valley // Patricia Tomic and Ricardo Trumper Contributors Index

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Book SynopsisThis indispensable guide to employment tribunals has been completely updated and revised. It provides detailed coverage of the legal and procedural issues involved in bringing a case to an employment tribunal both from the claimant and respondent perspective.The third edition includes: - the repeal of the statutory dispute resolution procedures in 2009 - the replacement of the 2004 Rules with the 2013 Rules - the discontinuance of fees as a result of the Supreme Court decision in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 - the introduction of ACAS Early Conciliation - the increased use of Presidential Guidance and Practice Directions. This guide is ideal for use in tribunals and includes: - a model case that runs throughout the book, illustrating and clarifying the points made - chapters devoted to the different stages of a tribunal case from both claimant and respondent perspectives and checklists to assist in preparation and promote good practice - appendices setting out the most frequently used tribunal precedents and guidance.Table of Contents1. Introduction; 2. Pre-claim procedures and time limits; 3. Alternatives to litigation; 4. Starting a claim; 5. Responding to a claim; 6. Parties progressing the case; 7. The Tribunal's power of case management - matters dealt with/without a hearing; 8. Preliminary hearings; 9. Preparing for the final hearing; 10. The final hearing; 11. Judgments and reconsiderations; 12. Remedy; 13. Costs and enforcement.

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Book SynopsisExplores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. This volume discusses the criteria for a claim of 'legal contractual exploitation'. It examines the consequences of this conception of exploitation upon the contract law doctrines of unconscionable dealing, duress, and undue influence.Trade Review...the reader will benefit from Bigwood's guide to what is now a very large body of doctrine...this book refuses to be swamped by the amount of material it discusses. * Cambridge Law Journal *Table of Contents1. Prospectus ; 2. Operational Bargaining Norms: Contracting Beyond Utopia ; 3. Contract and Justice: From Involuntariness to Exploitation ; 4. Legal Contractual Exploitation ; 5. Towards a Purely Processual Conception of Legal Contractual Exploitation ; 6. Exploitation of Special Disadvantage: Unconscionable Dealing ; 7. Contracting Under Duress ; 8. Exploitation of Deferential Trust: Relational Undue Influence ; 9. Beyond Legal Contractual Exploitation: Towards a Common Law Precept of Transactional Care ; References

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Book SynopsisAuthoritative and accessible, Smith & Wood's Employment Law provides detailed and lucid coverage on the core areas and key case law. Critical analysis combined with discussion of contextual knowledge engages students and helps them to develop a well-rounded and intricate understanding of the subject.

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Book SynopsisThese days almost everyone seems to think it obvious that equality of opportunity is at least part of what constitutes a fair society. At the same time they are so vague about what equality of opportunity actually amounts to that it can begin to look like an empty term, a convenient shorthand for the way jobs (or for that matter university places, or positions of power, or merely places on the local sports team) should be allocated, whatever that happens to be.Matt Cavanagh offers a highly provocative and original new view, suggesting that the way we think about equality and opportunity should be radically changed.Trade ReviewThis book is an ambitious and provocative challenge to meritocracy and equality, two foundations of equality theory. In questioning and opposing the prevailing account of what constitutes appropriate employment opportunity, Matt Cavanagh provides a refreshing, and at times disquieting critique of broader anti-discrimination jurisprudence. * The Cambridge Law Journal *The book fully lives up to its provocative title. In the horse-trading of meritocracy versus equality, few have had the nerve and imagination to throw out both these ideals at once. * Nicholas Fearn, The Spectator *Table of Contents1. Introduction ; 2. Meritocracy ; 3. Equality ; 4. Discrimination ; 5. Conclusions ; References, Index

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