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Full-Text Articles in Law

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law Dec 2010

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law

Published Reports

A report released by Georgetown Law's Workplace Flexibility 2010 and the Berkeley Center on Health, Economic & Family Security (Berkeley CHEFS) outlining a blueprint for establishing and financing a new national insurance program to provide wage replacement for time off for health and caregiving needs. The report describes the need among working Americans for time off from work to address personal illness, to care for a new child, or to care for a loved one with a serious illness. It argues that the need for time off is no longer an issue for individual families or select industries, but a ...


Analysis Of The Administration Of Human Resources: Prepared For The Ipswich Town-School Coordination Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston Oct 2010

Analysis Of The Administration Of Human Resources: Prepared For The Ipswich Town-School Coordination Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Town of Ipswich, acting for its Town-School Coordination Committee, contracted with the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to undertake a review of the Human Resources (HR) management, Recreation Department programming, and the Information Technology needs of the Town and School Department. The review was undertaken to assess how collaborative approaches might enhance the effectiveness of each of these municipal functions. The Collins Center has published a report on each of these topics. The overall Project Manager was Senior Associate Richard Kobayashi. The HR report was prepared by Collins Center Associate ...


Federal Employees Part-Time Career Employment Act Of 1978: Overview, Workplace Flexibility 2010, Georgetown University Law Center Jul 2010

Federal Employees Part-Time Career Employment Act Of 1978: Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Federal Employees Part-Time Career Employment Act aims to utilize the potential of persons who do not work a traditional forty-hour workweek. Having found that part-time permanent employment has a number of benefits,i Congress passed legislation extending part-time career employment opportunities throughout the federal government in 1978.


Nation, Corporation Or Family? Tribal Casino Employment And The Transformation Of Tribes, Theodor Gordon Jul 2010

Nation, Corporation Or Family? Tribal Casino Employment And The Transformation Of Tribes, Theodor Gordon

Occasional Papers

Since its modest beginnings in the early 1980s, tribal gaming rapidly developed into a $25 billion industry that generates over a quarter million jobs. However, the increasing employment of non-Indians in tribal casinos prompts new cultural and political challenges. This paper analyzes tribal and commercial casino trade publications in order to demonstrate how tribal casino employee relations play a significant role in transforming public policy and perceptions of tribal government in the United States.


The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar May 2010

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

Articles and Chapters

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of ...


A Timeline Of The Evolution Of Retirement In The United States, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

A Timeline Of The Evolution Of Retirement In The United States, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This document provides key highlights in the history of retirement in the United States. It provides some background on how the concept of retirement, and its legal treatment, has evolved. This time-line does not include every law related to pension and retirement plans. Rather, it emphasizes those laws that have come to shape how we view retirement, particularly the tax laws that encouraged employers to establish pension and retirement plans in the first place.


Phased Retirement Data Sheet, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Phased Retirement Data Sheet, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This data sheet includes information on current coverage and participation by American workers in pension and retirement plans. It also includes information on what employees say they want in terms of flexible work arrangements and access to pension and retirement funds, as well as what employers say they need with regard to the workforce of the future.


Benefits, Rights And Features Nondiscrimination Testing And Phased Retirement Programs, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Benefits, Rights And Features Nondiscrimination Testing And Phased Retirement Programs, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Various studies indicate that formal phased retirement programs within defined benefit plans are wanted and needed by both employers and employees. Phased retirement programs may be useful for employees who want to reduce their hours during later stages of their careers, but who wish to remain in the workforce. For employers, a phased retirement program may be a useful tool to retain talented employees who may otherwise fully retire.

In designing phased retirement programs, It is not surprising that many employers wish to have significant discretion in deciding which employees they will seek to retain through a phased retirement program ...


Early Retirement Incentive Plans And The Age Discrimination In Employment Act, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Early Retirement Incentive Plans And The Age Discrimination In Employment Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Early retirement incentive plans (ERIP) “seek to give incentives to older employees to retire before conventional retirement age. The purpose of these programs is to cut back on salaries and benefits to make way for younger workers.” While some ERIPs might constitute a prohibited act under the Age Discrimination in Employment Act (ADEA), the statute provides an affirmative defense for employers who can prove that the plan is voluntary and “consistent with the purposes” of the Act.

Some commentators have suggested that one way to encourage employers to establish bona fide phased retirement programs within their qualified pension plans is ...


Phased Retirement Benefits And Final Full Retirement Calculations: Open Issues, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Phased Retirement Benefits And Final Full Retirement Calculations: Open Issues, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This document briefly describes two issues relating to the final, full retirement benefit for individuals who receive a phased retirement distribution from a defined benefit plan: 1) whether and how any phased retirement distribution would offset the final full retirement benefit, and 2) the form of the payment of the final, full retirement benefit.


Selected Resources On Flexible Work Arrangements For Lower-Wage Workers, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Selected Resources On Flexible Work Arrangements For Lower-Wage Workers, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

A list of resources for low-wage workers regarding flexible work arrangements.


Faqs About Employees And Employee Benefits, Pamela Perun Mar 2010

Faqs About Employees And Employee Benefits, Pamela Perun

Memos and Fact Sheets

This primer is an introduction to the basic laws of employee benefits. It is often assumed that there are legal impediments to employers providing benefits to phased retirees, part-time workers and the contingent workforce. From a benefits law perspective, this is really not true. By statute, self-employed workers are sometimes excluded from plans required to be employee-only but employers face few other prohibitions when designing their plans.

From an employer’s perspective, there are far more impediments to excluding these workers from their benefit plans than including them. Tax law provides incentives to employers who sponsor plans and to workers ...


Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

A PowerPoint slide-show that outlines the challenges, options, policies, solutions, and innovations associated with Flexible Work Arrangements.


Legal And Research Summary Sheet: Phased Retirement, Chantel Sheaks J.D., Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd Mar 2010

Legal And Research Summary Sheet: Phased Retirement, Chantel Sheaks J.D., Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Memos and Fact Sheets

During the first decade of the 21st century, significant attention has been paid to the widely anticipated retirement of the Baby Boom generation from the U.S. workforce. Employers and policymakers have considered important questions such as:

  • What percentage of older workers are likely to retire on a full-time basis between the ages of 62-65?
  • What might the implications of a “mass exodus” of Baby Boomers mean for different types of businesses?
  • Which types of policies and practices might encourage some older workers to extend their labor force participation, thereby enabling employers to retain the knowledge and skills of these ...


Flexible Work Arrangements: The Fact Sheet, Jean Flatley Mcguire, Kaitlyn Kenney, Phyllis Brashler Mar 2010

Flexible Work Arrangements: The Fact Sheet, Jean Flatley Mcguire, Kaitlyn Kenney, Phyllis Brashler

Memos and Fact Sheets

A "flexible work arrangement" (FWA) is any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. The term includes (but is not limited to):

1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and breack schedules:

2. flexibility in the amount of hours worked, such as part-time work and job shares; and

3. flexibility in the place of work, such as working at home or at a satellite location.


The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare Feb 2010

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

Articles and Chapters

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry.

After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration ...


How Employment Law Became A Major Issue For Hotel Operators, David Sherwyn Feb 2010

How Employment Law Became A Major Issue For Hotel Operators, David Sherwyn

Articles and Chapters

In the wake of new statutes and case law, issues relating to discrimination have expanded in the past twenty-five years to absorb a substantial amount of management time and attention. The basic law of discrimination is the Civil Rights Act of 1964, which created specific protect classes. That law was revised and expanded in 1991, and other causes of discrimination were added by such laws as the Americans with Disabilities Act and the Age Discrimination in Employment Act. Supreme Court decisions have clarified and expanded certain aspects of the laws, notably the definition of sexual harassment. Perhaps the fastest-growing complaint ...


Labor Rights For All? The Role Of Undocumented Immigrant Status For Worker Claims Making, Shannon Gleeson Jan 2010

Labor Rights For All? The Role Of Undocumented Immigrant Status For Worker Claims Making, Shannon Gleeson

Articles and Chapters

Drawing on forty-one interviews with both documented and undocumented Latino restaurant workers in San Jose, California, and Houston, Texas, this article examines how documentation status shapes the legal consciousness of immigrant workers. I identify three common narratives that undocumented workers provide to justify not making claims on workplace protection. First, I highlight that an ever-present fear of deportation inhibits any formal confrontation. Second, I demonstrate how undocumented status leaves undocumented immigrants with a particularly pragmatic and short-term understanding of their working life in the United States, rendering their working conditions temporary and endurable to them. Third, I expand Gordon and ...


The Advocate’S Dilemma: Framing Migrant Rights In National Settings, Maria Lorena Cook Jan 2010

The Advocate’S Dilemma: Framing Migrant Rights In National Settings, Maria Lorena Cook

Articles and Chapters

This article identifies and explores the dilemma of migrant advocacy in advanced industrial democracies, focusing specifically on the contemporary United States. On the one hand, universal norms such as human rights, which are theoretically well suited to advancing migrants’ claims, may have little resonance within national settings. On the other hand, the debates around which immigration arguments typically turn, and the terrain on which advocates must fight, derive their values and assumptions from a nation-state framework that is self-limiting. The article analyzes the limits of human rights arguments, discusses the pitfalls of engaging in national policy debates, and details the ...


Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa Jan 2010

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Articles and Chapters

[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member ...


A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa Jan 2010

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Articles and Chapters

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management actions that ...


China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos Jan 2010

China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Brazil is an increasingly important actor in global governance and for China specifically. Sino-Brazilian relations have deepened considerably but they remain concentrated in areas of trade and investment. There is also considerable overlap in interests between the two countries in other areas, such as diplomatic and political relations. At the same time, China must manage carefully important differences that exist over the enlargement of the UN and the potential challenge to the Brazilian industry.


Once, Twice, Or Three Times As Harmful? Ethnic Harassment, Gender Harassment, And Generalized Workplace Harassment, Jana L. Raver, Lisa Hisae Nishii Jan 2010

Once, Twice, Or Three Times As Harmful? Ethnic Harassment, Gender Harassment, And Generalized Workplace Harassment, Jana L. Raver, Lisa Hisae Nishii

Articles and Chapters

Despite scholars’ and practitioners’ recognition that different forms of workplace harassment often co-occur in organizations, there is a paucity of theory and research on how these different forms of harassment combine to influence employees’ outcomes. We investigated the ways in which ethnic harassment (EH), gender harassment (GH), and generalized workplace harassment (GWH) combined to predict target individuals’ job-related, psychological, and health outcomes. Competing theories regarding additive, exacerbating, and inuring (i.e., habituating to hardships) combinations were tested. We also examined race and gender differences in employees’ reports of EH, GH, and GWH. The results of two studies revealed that EH ...


Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann Jan 2010

Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann

Law Faculty Scholarship

This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become ...


Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang Jan 2010

Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang

Publications and Research

For many years, trade unions have pressured international financial organizations such as the World Bank to better incorporate protections for workers. A recent development in this contestation was the World Bank’s 2009 announcement regarding its controversial “Employing Workers Index” in its widely circulated Doing Business report. Trade unions had argued that the index, which promoted flexible labor market policies, did not respect the international norm of worker protections, and urged the World Bank to change the index. As a result, the Doing Business Group pledged to reform the Employing Workers Index and to create a new index on protecting ...