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Full-Text Articles in Labor and Employment Law
Rights-Based Sanctions Procedures, Desiree Leclercq
Rights-Based Sanctions Procedures, Desiree Leclercq
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Federal agencies are increasingly interpreting international labor rights and imposing a wide array of economic and financial penalties, or “rights-based sanctions,” under various laws and regulations. Congress recently vested the Office of the United States Trade Representative (USTR) with authority to impose targeted rights-based sanctions on foreign factories. USTR has begun administering its new authority with vigor. Policymakers and rights advocates hope that USTR’s enforcement activities will strengthen the protection of workers abroad.
Hidden from view, and thus largely overlooked, are the exclusory procedures that agencies follow when they administer rights-based sanctions. The Treasury Department’s Office of Financial Asset Control …
Five Myths About Public Sector Labor Law In Nevada, Ruben J. Garcia
Five Myths About Public Sector Labor Law In Nevada, Ruben J. Garcia
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The forces of collective bargaining reform in the 78th Nevada Legislative Session primarily set about to: (1) make it easier for employees not to pay anything to the unions that are required to represent them in negotiations and grievance handling and (2) eliminate the kinds of agreements and practices that purportedly have caused financial turmoil to the state as it emerges from the depths of the Great Recession. Unfortunately, many of these “reforms” were based on misconceptions about the role and effects of public sector collective bargaining in Nevada and in American society generally. In this article, I describe five …
The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
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In December 2004, in a pair of cases, the Appellate
Division, First Department, held that under state labor
and tort laws, injured workers who are not legally permitted
to be present or employed in the United States
are only entitled to receive lost earnings reflecting what
they could have earned in their country of origin. This
article explores these First Department decisions by first
discussing the federal statutory and decisional backdrop
against which the cases arose. This article then
provides a discussion of the First Department cases and
the competing economic incentives they implicate.
Finally, this article posits that a …
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus
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No abstract provided.