Cornell Univserity
Georgetown University Law Center
Campbell University School of Law
European Network of Migrant Women (ENoMW)
Seattle University School of Law
W.E. Upjohn Institute for Employment Research
Child Labor Trafficking In The United States: A Hidden Crime,
2017
Center for the Human Rights of Children at Loyola University Chicago
Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts Jd
Center for the Human Rights of Children
Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from ”legitimate” work, including among adolescents. This article seeks ...
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform,
2017
American University
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod
Jayesh Rathod
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective,
2017
Selected Works
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski
Jayesh Rathod
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the ...
A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States,
2017
University of Georgia School of Law
A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark
Georgia Journal of International & Comparative Law
No abstract provided.
Collective Bargaining,
2017
Osgoode Hall Law School of York University
Collective Bargaining, Sara Slinn
Sara Slinn
This research project reviews and evaluates the academic literature relating to obtaining and maintaining collective bargaining rights under the OLRA. Research indicates that procedural changes to representation processes including the mandatory representation vote significantly reduced the likelihood of certification, and that these effects were concentrated in more vulnerable units. This may partly be due to greater opportunity for delay and employer resistance under vote procedure compared to under card-based certification. The research also indicates that delay has significant effects on certification outcomes, as do ULP complaints and employer resistance tactics. ULPs have negative long-term effects, and are associated with difficulties ...
Fixed-Term Contracts And Principle Of Equal Treatment In Canada,
2017
Osgoode Hall Law School of York University
Fixed-Term Contracts And Principle Of Equal Treatment In Canada, Eric M Tucker, Alec Stromdahl
Eric M. Tucker
Canada is best characterized as a liberal market economy which lightly regulates employment relations and, in particular, the duration of employment contracts.1 As such, many of the kinds of protections that might be found in other countries included in this dossier are not present in Canada. There are, however, a few older statutory provisions that limit the length of fixed-term contracts and impose formalities for their creation because of a concern about the creation of disguised forms of unfree labour. There is also a small body of common law that reflects a preference for contracts of indefinite hiring over ...
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada,
2017
Osgoode Hall Law School of York University
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Eric M. Tucker
Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where ...
Outsourcing And Supply Chains In Canada,
2017
Osgoode Hall Law School of York University
Outsourcing And Supply Chains In Canada, Eric Tucker, Leah F. Vosko, John Grundy, Alec Stromdahl
Eric M. Tucker
While data on the extent of outsourcing by Canadian businesses is scant, there is general agreement that over the last several decades the phenomenon has increased and taken a variety of forms including the use of global supply-chains (offshoring) and domestic subcontracting (outsourcing).175 In this way, large businesses have been able to shed responsibility for the employees who actually perform the work. David Weil has aptly characterized this phenomenon as “fissuring”, which can take a variety of forms including sub-contracting, franchising, and other arrangements.176 A related phenomenon that will be addressed here is the use of temporary employment ...
The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889,
2017
Osgoode Hall Law School of York University
The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker
Eric M. Tucker
This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made ...
Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000,
2017
Osgoode Hall Law School of York University
Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000, Leah F. Vosko, Andrea M. Noack, Eric Tucker
Eric M. Tucker
No abstract provided.
Exemption Of Wages From Execution Under Indiana Statute,
2017
Indiana University School of Law
Exemption Of Wages From Execution Under Indiana Statute, Robert C. Brown
Robert C. Brown
No abstract provided.
How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules,
2017
Elisabeth Haub School of Law at Pace University
How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?,
2017
Elisabeth Haub School of Law at Pace University
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from ...
Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma,
2017
Pace University
Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma, Vincent Salminen
Pace Intellectual Property, Sports & Entertainment Law Forum
The current state of affairs in the sport of mixed martial arts (MMA) is overwhelmingly in favor of the companies promoting the fights and not in favor of the athletes actually putting their health and lives at risk. This article looks at the Ultimate Fighting Championship (UFC) and how it classifies its fighters as independent contractors rather than employees, even though it treats the fighters more like employees. This article addresses issues fighters are having with the current classification and then examines how the fighters could be classified as employees. Finally, the article will address what an employee classification would ...
The Effect Of Labor Law Changes Under The New Administration: Too Soon To Tell,
2017
Cornell University School of Hotel Administration
The Effect Of Labor Law Changes Under The New Administration: Too Soon To Tell, David S. Sherwyn
Cornell Institute for Hospitality Labor and Employment Relations Reports
With a new administration in place, experts in labor law joined union leaders and management to observe the straws in the wind regarding what changes might occur in labor laws and regulations. Changes seem inevitable in the National Labor Relations Board, and existing NLRB rulings may be altered as time goes on. On the other hand, it seems nearly certain that franchisors and firms that contract for employees will continue to considered joint employers. The “fissuring” of the hospitality industry invites such an outcome, even as different firms are responsible for specific aspects of a venture. Union leaders anticipate that ...
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada,
2017
Osgoode Hall Law School of York University
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Articles & Book Chapters
Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where ...
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State,
2017
Occidental College
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha
Pace Environmental Law Review
With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states ...
Saving On Health Care While Protecting The Planet: An Examination Of Massachusetts’ Proposed Carbon Tax And Its Impact On The Hospital Industry,
2017
Boston College Law School
Saving On Health Care While Protecting The Planet: An Examination Of Massachusetts’ Proposed Carbon Tax And Its Impact On The Hospital Industry, Alexandra Shalom
Boston College Environmental Affairs Law Review
Climate change has negative implications not only for the environment, but also for human health. Human greenhouse gas (“GHG”) emissions are a major contributor to climate change and therefore we must curb our behavior to save the planet and ourselves. Following the economic principle of the First Law of Demand, a carbon tax incentivizes polluters to reduce emissions by increasing the cost of emission producing goods. British Columbia has demonstrated that carbon taxes are effective mechanisms to curb GHG emissions. Massachusetts, therefore, has proposed a carbon tax to help achieve its established GHG reduction goals. In addition, the Commonwealth’s ...
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017),
2017
Nevada Law Journal
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang
Nevada Supreme Court Summaries
The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.
Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System,
2017
Littler Mendelson
Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn
Articles and Chapters
[Excerpt] When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all parties in a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.
