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Labor and Employment Law

Selected Works

2009

Labor law

Articles 1 - 5 of 5

Full-Text Articles in Law

The Way To Save Card Check, Michael J. Goldberg May 2009

The Way To Save Card Check, Michael J. Goldberg

Michael J Goldberg

No abstract provided.


Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen Apr 2009

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

David S. Bogen

No abstract provided.


Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss Mar 2009

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Marley S. Weiss

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …


A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen Feb 2009

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

David S. Bogen

No abstract provided.


Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda Dec 2008

Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda

Angela Tokuda

As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …