Law Commons^™

Self-Employment And Bogus Self-Employment In The European Construction Industry, Michele Faioli, Edoardo Ales

Michele Faioli

Self-Employment and Bogus Self-Employment in the European Construction Industry Project carried out with the financial assistance of the European Commission There have always been self-employed workers in the construction industry. Craftsmen in particular are often self-employed workers. Approximately 14% of construction workers are self-employed today, according to “Employment in Europe 2005”. The level of self-employed workers is even higher in some countries, such as Greece (40%), Poland (29%), Cyprus, Italy, Portugal, UK. The distinction between self-employed workers and employees has important fiscal, social and economic consequences: • Self-employed workers work under their own professional responsibility and therefore do not work …

Virtual Intermediaries Ii - Canadian Solutions (Drop Shipments) Compared With Us, Japanese & Eu Approaches, Richard Thompson Ainsworth

Faculty Scholarship

Virtual travel agents are opportunistic internet-based travel agents. They are intermediary businesses that create mutually beneficial three-party transactions that secure accommodations for a traveler that: (a) meet the basic needs of the traveler (at a discount), (b) fills vacant room for accommodation retailers with guests that pay below market, but above standard costs, and (c) profit from the extra cash, the margin in the transaction.

The virtual intermediary’s eye is always on the discount and the cash flow. One of the things that catches their attention are the accommodation taxes which they collect from the traveler in advance and remit …

Prepared Statement For The National Mediation Board, Kate Bronfenbrenner

Kate Bronfenbrenner

Testimony before the NMB hearings on the proposed rule change to the RLA that recommend changing the voting standard from the majority of eligible voters to the majority of votes cast. The testimony summarized findings from the first ever national academic study of organizing under the RLA. Based on findings that showed that under the RLA standard greater employer suppression is correlated with lower turnout while under the NLRB standard both the union and the employer work aggressively for high turn out, the author argued for changing the voting standard to majority of votes cast.

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Iii, Glen R. Fagan

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions interpreting Georgia law from June 1, 2008 to May 31, 2009. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Ricci V. Destefano: End Of The Line Or Just Another Turn On The Disparate Impact Road?, Charles A. Sullivan

NULR Online

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefano may be exaggerated. Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding disparate impact.

As the Supreme Court summarized the theory in International Brotherhood of Teamsters v. United States,disparate impact discrimination is the use of “employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than …

Droits Individuels Des Travailleurs Et Licenciement Collectif, Philippe Reyniers

Philippe Reyniers

The casenote criticises the "essentialist" approach of the European Court of justice in the definition of a collective right to consultation in the phase of restructuring. It defends a "functionalist" approach, where collective labour rights are individual rights exercised collectively.

Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry

University of Richmond Law Review

No abstract provided.

Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman

BYU Law Review

No abstract provided.

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Wagner-Peyser funds are a primary source of funding for the services of One-Stop Career Centers that provide employment services available to all people, including people with disabilities. This data note examines trends on a national and state-by-state basis in the number and percentage of job seekers who self-identified as having disabilities who register for Wagner-Peyser Employment Services.

What Is A Genuine Industrial Dispute? Attorney General For The State Of Queensland And The State Of Victoria & Anor V Riordan & Ors; Ex Parte The Australian Liquor Hospitality And Miscellaneous Workers Union & Ors, Amanda Coulthard

Amanda Coulthard

Extract: There is a long standing doctrine that the service and rejection of a log of claims can generate an industrial dispute within the meaning of s 4(1) of the Industrial Relations Act 1988 (Cth). It is the scope of the qualification to this doctrine, namely that the demands in a log of claims be 'genuine', that is at the heart of this appeal. The appeal arises out of a finding made by Senior Deputy President Riordan of the Australian Industrial Relations Commission ('the Commission') that the service of a log of claims by the Australian Liquor, Hospitality and Miscellaneous …

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Kate Bronfenbrenner

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too often …

The Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, Nancy M. Modesitt

All Faculty Scholarship

Since the Supreme Court’s 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …

Employment Law - Antidiscrimination - Heading Toward Federal Protection For Sexual Orientation Discrimination?, Matthew Barker

University of Arkansas at Little Rock Law Review

No abstract provided.

When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook

North Carolina Central Law Review

No abstract provided.

Vol. 26, No. 4, Betty Cox, Perry A. Zirkel

The Illinois Public Employee Relations Report

Contents:

School Boards' Adverse Employment Actions Against Superintendents: An Empirical Analysis of the Case Law, by Betty Cox and Perry A. Zirkel

Recent Developments

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang

William & Mary Law Review

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …

The Paradox Of Public Sector Labor Law, Martin H. Malin

Indiana Law Journal

William R. Stewart Lecture

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo

University of Arkansas at Little Rock Law Review

No abstract provided.

Summary Of Ozawa V. Vision Airlines, Inc., 125 Nev. Adv. Op. No. 16, Nick Portz

Nevada Supreme Court Summaries

Consolidated appeals considering two issues: (1) whether to recognize a new exception to the at-will employment doctrine and to allow a claim for tortious discharge related to an employee’s termination for attempting to organize his fellow employees; and (2) whether the district court abused its discretion in its resolution of respondents’ request for attorney fees and costs.

Testimony On The Employment Non-Discrimination Act (Enda) And The Religious Exemption : Hearing Before The H. Comm. On Education And Labor, 111th Cong., Sept. 23, 2009 (Statement Of Adjunct Professor David N. Saperstein, Geo. U. L. Center), David N. Saperstein

Testimony Before Congress

We are long past the point when our laws should permit discrimination against any individual because of their sexual orientation. Just as we do not tolerate behavior that discriminates based on race, gender, national origin or religion, so should we be clear about discrimination based on the characteristic of being gay or lesbian. For many of America’s faith traditions, this is a religious value. It is a moral value. And for all of us, it is of great social and economic value, as evidenced by the nearly 90% of Fortune 500 companies that already have policies consistent with ENDA. They …

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a …

Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran

Buffalo Public Interest Law Journal

No abstract provided.

Chinese Coal Mines--The Industrial Death Trap, Amber Mehmood

Department of Emergency Medicine

No abstract provided.

The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick

Journal Articles

The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …

Minimum Wage Laws And Wage Regulation: Do Changes To A Minimum Wage Affect Employment Levels?, Joel Butler

Joel Butler

In the recent Australian debate surrounding the Commonwealth government's introduction to changes to the federal Workplace Relations laws ('WorkChoices'), a good deal of comment centred on the issue of the minimum wage. It was argued by opponents of the changes that the creation of a national Australian Fair Pay Commission ('AFPC') - which is to set federal minimum wage ('FMW') - would lead to general reductions in wages for workers. It was further argued by opponents of WorkChoices that there is no offsetting benefit in the form of increased employment that would result from any reduction in wages that occurred. …

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …

Modern Man, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro

Sebastián A. Pizarro

El orden público laboral se cimenta sobre un sistema de libertades, no estando aparejado ello a un Derecho al Trabajo. Si bien se ha incluido en la legislación chilena este último a través de la inclusión del Pacto Internacional de Derechos Económicos, Sociales y Culturales, no se ha logrado la adecuada armonía entre la libertad y el derecho mencionado. Cuestión que en un país como el nuestro, resulta esencial, toda vez que a nivel de políticas estatales se ha abandonado la meta del pleno empleo, propendiendo a la precariedad de las relaciones laborales. Se estima es posible integrar a la …