Law Commons^™

Employee Compensation And Related Expenses, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

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

Steven J. Kaminshine

No abstract provided.

Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Fairness And Opportunity For Choice: The Employee Free Choice Act And The Canadian Model, Sara Slinn, Richard Hurd

Sara Slinn

No abstract provided.

The Effect Of Compulsory Certification Votes On Certification Applications In Ontario: An Empirical Analysis, Sara Slinn

Sara Slinn

No abstract provided.

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

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

Sara Slinn

No abstract provided.

An Empirical Analysis Of The Effects Of The Change From Card-Check To Mandatory Vote Certification, Sara Slinn

Sara Slinn

No abstract provided.

Collective Bargaining Law, Sara Slinn

Sara Slinn

No abstract provided.

The Role Of Medical Care In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Panelist, What Will Be The Effect Of The Department Of Labor’S Fiduciary Rule?, Patricia Mccoy

Patricia A. McCoy

Mickey Mouse, Morality And Manufacturing: A Look At The Evolving Private Regulation Of Global Labour Standards, Umair Ghori

Umair H. Ghori

Labour standards maintained by transnational corporations are now an inalienable part of global sourcing business. These standards serve to incentivise better treatment of labour in countries where the majority of basic manufacturing operations occur (usually developing countries and least developed countries). This paper investigates the effects of changes made by large retail corporations in their sourcing guidelines (especially labour standards). The impact of such changes carries far-reaching consequences for manufacturers based in developing countries. The research title was inspired by the recent move by Walt Disney Company to black-list certain countries that were found to be deficient in enforcement of …

Notable Employee Benefits Articles Of 2012, 139 Tax Notes 656 (2013), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.

Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.

Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.

2013 Law Review Articles On Employee Benefits Issues, 143 Tax Notes 1308 (2014), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.

4th Annual Conference On Employee Benefits, Social Security And Executive Compensation; Thomas R. Kline School Of Law, Drexel University, Natalya Shnitser

Natalya Shnitser

No abstract provided.

Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker

Eric M. Tucker

The article draws on the rapidly growing field of citizenship studies to map and explore the dynamics of contemporary occupational health and safety (OHS) regulation. Using two key dimensions of OHS regulation (protection and participation), the author constructs four ideal types of worker citizenship (market, public, private industrial, and public industrial citizens). Historically, workers have been written into OHS regulatory regimes in each of these ways. Most recently lawmakers have created a new species of OHS regimes, best described as mandated partial self-regulation. Its distinguishing characteristic is its flexibility, such that worker citizenship can take on any of the forms …

Farm Worker Exceptionalism: Past, Present, And The Post-Fraser Future, Eric Tucker

Eric M. Tucker

No abstract provided.

Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker

Eric M. Tucker

The central point of this article, written in 1995, was that health and safety struggles can be at the vanguard of challenges to a legal social order that tolerates poor labour standards and high levels of worker exploitation. Workers who fear their work is making them sick or subjecting them to high levels of injury and disablement know first-hand that the values of democracy, autonomy, equality and community are denied and not realized by current arrangements. By drawing on that experience and explicitly linking health and safety demands to an alternative vision of social justice, one in which workers enjoy …

Death By Consensus: The Westray Story, Eric Tucker, Harry Glasbeek

Eric M. Tucker

The paper will proceed as follows. It tells the Westray story in two parts, first, the decision to set up the mine and, second, the operation of the mine. These events illuminate the salience of the broader political economic context to an understanding of what happened. Further, the story gives the lie to the assumptions which underpin health and safety regulation. Next, the paper details the implications of the political economy and the prevailing ideology for the enforcement of health and safety regulation. The paper then critically examines a component of, or prop for, the consensus theory which postulates that …

Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko

Eric M. Tucker

The distinction between employees and independent contractors is crucial in determining the scope of application of labour and employment legislation in Canada, since the self-employed are, for the most part, treated as entrepreneurs who do not require the statutory protections accorded to employees. Yet statistics indicate that most self-employed people resemble employees more than entrepreneurs, in the sense that they are economically dependent on the sale of their labor and are often subject to inferior terms and conditions of work. Using four Canadian jurisdictions as a basis for this comparison, the authors demonstrate that there are wide variations in the …

Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko

Eric M. Tucker

In this paper, the authors consider whether the contract of employment should continue to be the central platform for delivering employment- related rights and benefits, such as access to labour standards and collective bargaining legislation. Labour market analysis has traditionally distinguished between employment and self-employment on the basis of a dichotomy between subordination and autonomy. whereas employees subordinate themselves to their employer in exchange for income and job security, the self-employed forego these benefits in order to gain autonomy and control over the means of their own production. This distinction is reflected in, and reinforced by, the boundary drawn in …

The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker

Eric M. Tucker

This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you: Understand the implications of-and methods available for-searching personal property and employees' computers Create legally sound drug-testing policies Know what constitutes permissible student and staff searches-and what doesn't And more!

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …

Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms?, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar

Ann Numhauser-Henning

No abstract provided.