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Articles 1 - 30 of 160
Full-Text Articles in Entire DC Network
Drug Testing/Use, Sandra Klein
Drug Testing/Use, Sandra Klein
Sandra S. Klein
Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Nicholas Howson
Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.
Employee/Employer, Sandra Klein
Employee/Employer, Sandra Klein
Sandra S. Klein
The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Anne S. Emanuel
No abstract provided.
Employee Compensation And Related Expenses, Samuel Donaldson
Employee Compensation And Related Expenses, Samuel Donaldson
Samuel A. Donaldson
No abstract provided.
Marital Status And Privilege, Laura Rosenbury
Marital Status And Privilege, Laura Rosenbury
Laura A. Rosenbury
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks to …
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Alexander Colvin
[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee …
Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough
Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough
Alexander Colvin
The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a …
Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto
Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
Work Wives, Laura A. Rosenbury
Work Wives, Laura A. Rosenbury
Laura A. Rosenbury
Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …
Working Relationships, Laura A. Rosenbury
Working Relationships, Laura A. Rosenbury
Laura A. Rosenbury
In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Harry Arthurs
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
Harry Arthurs
This paper was delivered as the keynote address to the 50th Annual Conference, Canadian Industrial Relations Association, 29 May 2013. My thanks to Alex Zamfir, JD Candidate, Osgoode Hall Law School, for his editorial and research assistance.
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Harry Arthurs
This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
Harry Arthurs
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Sara Slinn
Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …
Fairness And Opportunity For Choice: The Employee Free Choice Act And The Canadian Model, Sara Slinn, Richard Hurd
Fairness And Opportunity For Choice: The Employee Free Choice Act And The Canadian Model, Sara Slinn, Richard Hurd
Sara Slinn
No abstract provided.
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Sara Slinn
No abstract provided.
The Effect Of Compulsory Certification Votes On Certification Applications In Ontario: An Empirical Analysis, Sara Slinn
The Effect Of Compulsory Certification Votes On Certification Applications In Ontario: An Empirical Analysis, Sara Slinn
Sara Slinn
No abstract provided.
An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn
Sara Slinn
This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …
Should Congress Pass The Employee Free Choice Act? Some Neighborly Advice, Sara Slinn, John Godard, Joseph Rose
Should Congress Pass The Employee Free Choice Act? Some Neighborly Advice, Sara Slinn, John Godard, Joseph Rose
Sara Slinn
No abstract provided.
Labour Policy In The Internet Age: Europe's Answer To The Market Challenge, Sara Slinn, Anil Verma
Labour Policy In The Internet Age: Europe's Answer To The Market Challenge, Sara Slinn, Anil Verma
Sara Slinn
No abstract provided.
Labor Law Reform And The Role Of Delay In Union Organizing: Empirical Evidence From Canada, Sara Slinn, Michele Campolieti, Chris Riddell
Labor Law Reform And The Role Of Delay In Union Organizing: Empirical Evidence From Canada, Sara Slinn, Michele Campolieti, Chris Riddell
Sara Slinn
No abstract provided.
An Empirical Analysis Of The Effects Of The Change From Card-Check To Mandatory Vote Certification, Sara Slinn
An Empirical Analysis Of The Effects Of The Change From Card-Check To Mandatory Vote Certification, Sara Slinn
Sara Slinn
No abstract provided.
No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn
Sara Slinn
Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …
Collective Bargaining Law, Sara Slinn
Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps
Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps
Lisa Philipps
The term 'unpaid market labor' refers to the direct contributions of unpaid family members to market work that officially belongs to another member of the household. Thus one individual may be construed legally as an owner or entrepreneur, but relatives may help out informally with business operations. Likewise, in corporate or public-service settings, certain employees rely on the unpaid help of an executive spouse or political wife. This paper argues that unpaid market labor is conceptually distinct from both paid work and unpaid domestic labor. Legal cases from Canada are used to illustrate the policy implications of this insight and …
Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps
Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps
Lisa Philipps
This article investigates the work of individuals who help out informally with a family member's job, often without pay. Examples include the relative who works in the back room of the family business, the executive spouse who hosts corporate functions, the political wife who campaigns with her husband, or the child who does chores on the family farm. The term "unpaid market labor" (UML) is used here to describe the ways that family members collaborate directly in paid activities that are legally and socially attributed to others. The practical legal problems that can arise in relation to UML are illustrated …