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Articles 1 - 30 of 56
Full-Text Articles in Law
Ambiguities And Absences: Occupational Health And Safety Regulation Of Platform-Mediated Work In Ontario, Canada, Eric Tucker
Ambiguities And Absences: Occupational Health And Safety Regulation Of Platform-Mediated Work In Ontario, Canada, Eric Tucker
Articles & Book Chapters
Platform-mediated work, whether location-based, as in the case of Uber, or cloud-based, as in the case of Amazon Mechanical Turk, poses severe challenges to effective occupational health and safety (OHS) regulation. While the work performed in the platform environment is not usually very different from work performed in more traditional employment settings, the platform environment often exacerbates those risks by, for example, increasing stress and incentivizing long hours and work intensification. Regulating these hazards is impeded by ambiguities surrounding the legal relationship between platform operators and platform workers that make it uncertain whether the OHS regime even applies. As well …
Policy Forum: Non-Standard Employment And Canada’S Initial Pandemic Response, Wei Cui
Policy Forum: Non-Standard Employment And Canada’S Initial Pandemic Response, Wei Cui
All Faculty Publications
Despite public attention to gig workers and their potential mis-classification as independent contractors, much flexible work already takes place in the sphere of formal employment. The impact of the COVID-19 pandemic on the labour market suggests that non-standard employees may be even more vulnerable than the self-employed. This article suggests that traditional employment insurance and related programs inadequately serve flexible employees, and policies targeted at the intensive margins of employment are needed to help precarious workers.
Class Crimes: Master And Servant Laws And Factories Acts In Industrializing Britain And (Ontario) Canada, Eric Tucker, Judy Fudge
Class Crimes: Master And Servant Laws And Factories Acts In Industrializing Britain And (Ontario) Canada, Eric Tucker, Judy Fudge
Articles & Book Chapters
This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had …
Regulating Strikes In Essential Services - Canada, Eric Tucker
Regulating Strikes In Essential Services - Canada, Eric Tucker
Articles & Book Chapters
This chapter was written as a part of a comparative law project examining the regulation of strikes in essential services. It describes and analyses Canada's experience with strikes in essential services, including the historical development of essential service strike regulation, Canada's shifting understanding of essentiality and, most recently, the implications of constitutional labour rights, including the right to strike, for essential service strike regulation. It also looks at the law in action through a consideration of the application of these laws in their specific contest.
Regulating Strikes In Essential Services - Canada, Eric Tucker
Regulating Strikes In Essential Services - Canada, Eric Tucker
Eric M. Tucker
This chapter was written as a part of a comparative law project examining the regulation of strikes in essential services. It describes and analyses Canada's experience with strikes in essential services, including the historical development of essential service strike regulation, Canada's shifting understanding of essentiality and, most recently, the implications of constitutional labour rights, including the right to strike, for essential service strike regulation. It also looks at the law in action through a consideration of the application of these laws in their specific contest.
Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro
Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro
Global Business Law Review
This note addresses the lack of adequate protections in Ohio for social media privacy laws in the workplace and compares proposed legislation in Ohio to legislation that has passed in other states. It examines the provision of the SCA including the definition of "user" and whether social media sites fall under its umbrella. It also looks at the safeguards and limitations of the SCA and how it is used to protect a private employee’s social media account. It analyzes the state statutory laws in Arkansas, Illinois, and California passed specifically to prevent employers from requesting passwords to personal Internet accounts. …
Collective Struggles: A Comparative Analysis Of Unionizing Temporary Foreign Farm Workers In The United States And Canada, Robert Russo
Collective Struggles: A Comparative Analysis Of Unionizing Temporary Foreign Farm Workers In The United States And Canada, Robert Russo
All Faculty Publications
The use of temporary foreign migrant workers in the labor sector is part of a vibrant political and legal discussion in both the United States and Canada. Current reforms of temporary foreign worker programs in both countries call for an analysis of this workforce. This article focuses on documented temporary foreign workers performing agricultural labor in both countries. It is a comparative study of alleged violations of documented temporary foreign farm workers' rights relating to unionization in the United States and Canada.
Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack
Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack
Articles & Book Chapters
It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of $295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by …
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Electronic Thesis and Dissertation Repository
The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …
When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker
When Wage Theft Was A Crime In Canada, 1935-1955: The Challenge Of Using The Master’S Tools Against The Master, Eric Tucker
Osgoode Hall Law Journal
In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law. However, it is a little known fact that in 1935, Canada enacted a criminal wage theft law, which remained on the books until 1955. This article provides an historical account of the wage theft law, including the role of the Royal Commission on Price Spreads, the legislative debates and amendments that …
Dependent Contractors' In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
Dependent Contractors' In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
All Faculty Scholarship
Lawsuits around the misclassification of workers in the on-demand economy have ballooned in the United States in recent years. That is because employee status is the gateway to many substantive legal rights. Inresponse, some commentators have proposed an in-between hybrid category just for for the gig economy. However, such an intermediate category is not new. In fact, it has existed in many countries for decades, producing successful results in some, and misadventure in others. We use a comparative approach to analyze the experiences of Canada, Italy, and Spain with the intermediate category. In Italy, the quasi-subordinate category created an opportunity …
Book Review, Ahmed White
Leaving Labour Law’S Pragmatic And Purposive Fortress Behind: Canadian Union Successor Rights Law As A Case Study, Pascal Mcdougall
Leaving Labour Law’S Pragmatic And Purposive Fortress Behind: Canadian Union Successor Rights Law As A Case Study, Pascal Mcdougall
Osgoode Hall Law Journal
In this article, I analyze a series of Canadian cases on union successor rights defining the circumstances in which labour rights should be transferred to a successor entity in the context of business sales, restructuring and subcontracting. My analysis casts doubt on a globally influential theory of legal interpretation, which I call the “old legality.” According to this theory, labour law is made not through conventional legal reasoning but through non-legal, pragmatic, and purposive applications of loose industrial relations standards. I claim that the old legality paradigm is analytically inaccurate and has the perverse effect of normalizing the status quo …
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Dalhousie Law Journal
Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …
The Hidden World Of Unconscious Bias And Its Impact On The "Neutral" Workplace Investigator, Ashley Lattal
The Hidden World Of Unconscious Bias And Its Impact On The "Neutral" Workplace Investigator, Ashley Lattal
Journal of Law and Policy
Workplace investigations into complaints of harassment, discrimination, and other allegations of workplace misconduct have become a critical method for employers to establish that they have complied with certain obligations to provide a discrimination-free workplace. As a result, the fairness and effectiveness of the workplace investigation process utilized by employers has increasingly come under judicial scrutiny. The nature of workplace investigations rests upon the assumption and expectation that workplace investigators are capable of being impartial in making findings of fact. For this reason, courts have identified the impartiality of the investigator as a key tenet of a fair and effective workplace …
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker
Eric M. Tucker
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …
The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker
The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker
Eric M. Tucker
This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …
Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie
Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have …
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Eric M. Tucker
On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation …
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Eric M. Tucker
Street railway strikes in the late nineteenth and early twentieth centuries were often accompanied by high levels of public disorder. The challenge to public authorities, however, was not just in the scale of the disorder but also the disjuncture between the behaviour that a significant portion of the working-class community felt was legitimate in the circumstances and what the law tolerated. Public officials confronted with this dilemma had to negotiate between the disparate zones of community and legal toleration. How much disorder would they tolerate before mobilizing the coercive power of the state to protect the right of the street …
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Eric M. Tucker
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners …
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Eric M. Tucker
Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Eric M. Tucker
In many high-income countries, like Canada and the United Kingdom, there has recently been a significant increase in the number of migrant workers entering and participating in their labour markets. This article is concerned with the implications of this phenomenon for protective labour laws and, in particular, for occupational health and safety regulation. We identify a framework for assessing the OHS vulnerabilities of migrant workers, using a layered approach which assists in identifying the risk factors. Using this layer of vulnerability framework, we compare the situation of at-risk migrant workers in Canada and the United Kingdom.
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
All Faculty Scholarship
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
Recent Publications, Charles Mandel, Frank J. D'Oro
Recent Publications, Charles Mandel, Frank J. D'Oro
Pepperdine Law Review
No abstract provided.
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire
Alexander Colvin
The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …
Collective Representation And Employee Voice In The Us Public Sector Workplace: Looking North For Solutions?, Martin Malin
Collective Representation And Employee Voice In The Us Public Sector Workplace: Looking North For Solutions?, Martin Malin
Osgoode Hall Law Journal
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia
Articles & Book Chapters
This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders, …