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Full-Text Articles in Labor Relations

Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams Oct 2018

Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams

Colin C Williams

The under-declaration of work ranges from employers using unregistered employees, through the under-declaration of income by the formal self-employed and formal businesses, to the misuse of collaborative platforms and the digital economy to conceal the full amount of incomes and social security due.
The objective of this thematic discussion on under-declared employment in the European Union is: (i) to exchange information on what works and what does not, (ii) to generate knowledge about under-declared employment, and (iii) to explore how the Platform activities can contribute to tackling under-declared employment.
The intention is to focus upon two types of under-declaring work ...


Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams Apr 2018

Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams

Colin C Williams

The objective of the thematic discussion on preventative measures for tackling undeclared work, focusing on both service vouchers and awareness raising campaigns, is (i) to exchange information on what works and what does not, (ii) to generate knowledge about these preventative measures, and (iii) to explore how the Platform activities can contribute to developing a preventative approach towards undeclared work.
This thematic discussion will focus attention on three key issues. In Part 1, we will address an issue everyone is aware of but until now has not been discussed, namely why preventative measures are not commonly used in Member States ...


Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang Nov 2017

Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...


Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith Jan 2016

Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith

Kati Griffith

[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old ...


Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith Jan 2016

Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith

Kati Griffith

It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa ...


Immigration Advocacy As Labor Advocacy, Kati Griffith Jan 2016

Immigration Advocacy As Labor Advocacy, Kati Griffith

Kati Griffith

[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.


Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith Jan 2016

Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith

Kati Griffith

[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints ...


A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith Jan 2016

A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith

Kati Griffith

[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration ...


China Employment Law Update - December 2015, Baker & Mckenzie Dec 2015

China Employment Law Update - December 2015, Baker & Mckenzie

Law Firms

In This Issue:

  • Beijing Issues Implementation Measures on Labor Union Law
  • Highest Court in Shenzhen Issues New Guidance on Labor Disputes
  • National Holiday Arrangement Announced for 2016
  • Courts and Local Legislature Grapple with Discrimination Issues
  • Terminations Ruled Unlawful Due to Procedural Defects in Employee Handbook Consultation Processes
  • Employee Termination for Misuse of Home-Visit Leave Upheld by Court
  • Ex-CEO Reinstated to an Alternative Position After Successful Wrongful Termination Claim
  • Two Cases on Agreements Requiring Minimum Service Periods Have Different Outcomes


China Employment Law Update - October 2015, Baker & Mckenzie Oct 2015

China Employment Law Update - October 2015, Baker & Mckenzie

Law Firms

In This Issue:

  • PRC Courts More Willing to Hear Sex Discrimination Cases
  • City in Guangdong Province Imposes De Facto Employer Responsibilities for Illegal Use of Labor Dispatch
  • Shanghai Issues New Sick Leave Regulations
  • Beijing Court Finds Undergraduate Student’s Employment Contract Enforceable
  • Shanghai Court Rules that Employment Registration Does Not Equal an Employment Contract
  • Recent Court Cases Focus on Specialized Training When Deciding on Training Costs Recovery


The Wagner Model And International Freedom Of Association Standards, Lance A. Compa Sep 2015

The Wagner Model And International Freedom Of Association Standards, Lance A. Compa

Lance A Compa

[Excerpt] I first met Pierre Verge just before beginning my service with the NAFTA labour commission in 1995. Not long after that, Pierre Verge and my own labour law professor at Yale in 1972, Clyde Summers, jointly wrote a penetrating evaluation of the first years of the NAFTA labour side accord, which still serves as the best single analysis of that seminal but flawed instrument linking labour standards and a trade agreement (Summers, Verge and Medina, 1998; Verge, 1999; Verge, 2002). Since then, my understanding of international labour standards and how they relate to labour law in North America has ...


China Employment Law Update - August 2015, Baker & Mckenzie Aug 2015

China Employment Law Update - August 2015, Baker & Mckenzie

Law Firms

In This Issue:

  • Government Announces Overtime Treatment for Special Holiday in September
  • Significant Amendments Made to Shanghai Collective Contract Regulations
  • MOHRSS Issues Draft Implementation Rules on Employment Contract Law
  • Government Makes Moves to Strengthen Security of Personal Data on Internet
  • Travel Agencies Required to Sign Employment Contracts with Tour Guides
  • Beijing Court Rules Against Employee’s Request to Rescind Resignation
  • Court Awards Severance to Employee Who Resigned due to Social Insurance Underpayment
  • Court Rules Employer Lawfully Terminated Employee who Refused to do Labor Capacity Assessment Following Expiry of Medical Treatment Period


Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire Jul 2015

Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire

Alexander Colvin

At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the ...


China Employment Law Update - June 2015, Baker & Mckenzie Jun 2015

China Employment Law Update - June 2015, Baker & Mckenzie

Law Firms

In This Issue:

  • Supreme People’s Court Issues Draft Meeting Minutes on Labor Issues
  • New Measures Issued To Strengthen the Supervision of Work Safety
  • Shanghai High People’s Court and Guangzhou Labor Arbitration
    Committee Clarify Position on Controversial Employment Issues
  • Court Orders Specific Performance of Non-Competition Agreement and Awards Damages to Employer
  • Employee Loses Dispute Regarding Length of Medical Treatment Period
  • Court Rules Termination of Female Employee for Making False Statement About Her Family Circumstances Unlawful
  • Employer Fined RMB 10,000 for Failing to Complete Employment De- registration Procedure


Roundtable Retrospective 2007: Dealing With Sexual Harassment, David Sherwyn May 2015

Roundtable Retrospective 2007: Dealing With Sexual Harassment, David Sherwyn

David S. Sherwyn

A review of sexual harassment case law was presented at the 2007 Labor and Employment Roundtable at the Cornell University School of Hotel Administration. The foremost lesson is that employers should take steps to prevent harassment, but failing that, an employer should maintain and follow a strong policy on sexual harassment and immediately make an effective response to a complaint.


Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati L. Griffith May 2015

Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati L. Griffith

Articles and Chapters

[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old ...


China Employment Law Update - April 2015, Baker & Mckenzie Apr 2015

China Employment Law Update - April 2015, Baker & Mckenzie

Law Firms

In This Issue:

  • Chinese Leadership Urges the Building of Harmonious Labor Relations
  • Draft Patent Law and Draft Regulations on Employee Service Inventions Released
  • China and Canada Sign Agreement on Social Security
  • New Regulations Issued to Strengthen Prevention and Control of Occupational Hazards
  • Dispatch Employee’s Open-Term Contract Claim Upheld by Court
  • Beijing Court Takes Public Position on Dismissals for Violation of the One-Child Policy
  • Court Rejects Evidence Obtained from Popular Social Media Platform
  • Beijing Court Rules Employees to Pay Liquidated Damages for Breach of Non-Competition Agreement


China Employment Law Update - February 2015, Baker & Mckenzie Feb 2015

China Employment Law Update - February 2015, Baker & Mckenzie

Law Firms

No abstract provided.


A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee Jan 2015

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

Faculty Scholarship at Penn Law

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize ...


China Employment Law Update - December 2014, Baker & Mckenzie Dec 2014

China Employment Law Update - December 2014, Baker & Mckenzie

Law Firms

No abstract provided.


The Wagner Model And International Freedom Of Association Standards, Lance A. Compa Jan 2014

The Wagner Model And International Freedom Of Association Standards, Lance A. Compa

Articles and Chapters

[Excerpt] I first met Pierre Verge just before beginning my service with the NAFTA labour commission in 1995. Not long after that, Pierre Verge and my own labour law professor at Yale in 1972, Clyde Summers, jointly wrote a penetrating evaluation of the first years of the NAFTA labour side accord, which still serves as the best single analysis of that seminal but flawed instrument linking labour standards and a trade agreement (Summers, Verge and Medina, 1998; Verge, 1999; Verge, 2002). Since then, my understanding of international labour standards and how they relate to labour law in North America has ...


An Introduction To Labor Law, Michael Evan Gold Jan 2014

An Introduction To Labor Law, Michael Evan Gold

Book Samples

[Excerpt] The purpose of this book is to introduce the reader to the federal law of unions and employers. This law is composed of two major elements. The first element is the National Labor Relations Act and the amendments to it. The second element is the decisions of the National Labor Relations Board and of the federal courts; these decisions interpret and apply the statutes.

The statutes are long and complex, and the decisions of the Labor Board and of the courts number in the hundreds of thousands. As a result, this book cannot cover all of the law. Only ...


Labor Guide To Labor Law, Bruce S. Feldacker, Michael J. Hayes Jan 2014

Labor Guide To Labor Law, Bruce S. Feldacker, Michael J. Hayes

Book Samples

[Excerpt] This book is a practical guide to labor law in the private sector. The first 8 chapters present a discussion of legal principles primarily based on the Labor Management Relations Act (LMRA), 1947, as amended, commonly referred to as the “Act.” The remaining chapters discuss principles based on the Labor Management Reporting and Disclosure Act and the Civil Rights Act of 1964, as amended, as well as on the LMRA.


Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow Dec 2013

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

By most accounts, the National Basketball Players Association (NBPA) — the union representing the players in the NBA — conceded a significant amount of money and other contractual terms in the new ten-year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout — and the resulting 2011 Agreement — a near-complete victory for the owners. Several interpretations ...


Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire Oct 2013

Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire

Articles and Chapters

At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the ...


Review Of The Book Labor Relations And The Litigation Explosion, Ronald Ehrenberg Jun 2013

Review Of The Book Labor Relations And The Litigation Explosion, Ronald Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Labor Relations and the Litigation Explosion is a very readable book that is easily accessible to nonspecialists. (The author has presented more technical treatments of the material elsewhere; see Flanagan 1986a, 1986b.) The early chapters begin with a discussion of federal policy towards labor relations in the United States under the National Labor Relations Act, a documentation of the growth of unfair labor practice charges that occurred over the 1950-1980 period and then a demonstration that this growth can be only partially "explained" by the changing industrial and regional distribution of employment in the United States. Quite interestingly, he ...


Unions, Markets, And Democracy In Latin America, Maria Lorena Cook Jan 2013

Unions, Markets, And Democracy In Latin America, Maria Lorena Cook

Maria Lorena Cook

[Excerpt] In the 1990s scholars of Latin America moved from a concern with democratization to a focus on the implementation of market economic reforms. With this shift, the appreciation of labor unions' value to society was lost. Whereas earlier analyses of democratic transitions recognized organized labor's important role in bringing an end to dictatorships, later studies of market reform viewed labor organizations as either obstacles to be overcome, "losers" to be compensated, or simply irrelevant.

Perhaps more important than scholarship's neglect of labor unions is the neglect that is reflected in policies toward labor in the region. Economic ...


The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner Oct 2012

Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner

Lowell Turner

[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and ...


Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg Oct 2012

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg

Ronald G. Ehrenberg

This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed, the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects of policy changes, and the existing empirical estimates of the likely magnitudes ...