It is widely assumed today that the "welfare state" is contracting or retrenching as an effect of the close scrutiny to which entitlement to social-security benefits is being subjected in most developed countries. In this book, 15 authorities from nine different countries - the UK, the Netherlands, France, Germany, Spain, Denmark, Finland, Norway and the US - investigate to what extent this assumption is warranted. The papers were originally presented at a Conference on "The Future of Social Security" held at the University of Stirling in June 2000. Taking into account developments and initiatives at every administrative level from sub-national employment agencies to the OECD and the World Bank, they draw on both data and theories in a broad spectrum of related disciplines, including political science, economics, sociology and law. Detailed materials allow the reader to formulate well-defined responses to such questions as: is there indeed waning public support for social security?; is the "demographic time bomb" of an ageing population as serious a problem as we are often led to believe?; how seriously do supranational reform proposals tend to underestimate cross-national differences? to what degree is "activation policy" merely rhetorical?; to what extent do employment-office staff reformulate and redefine policies "on the ground" to accommodate specific case-by-case realities? Specific criteria for entitlement (such as disability) and such central issues as "gendered" assumptions, access to benefit programmes and the involvement of trade unions are examined in a variety of contexts. As an authoritative assessment of the current state of social-security reform - its critical issues, its direction, and its potential impacts - this book should prove to be of value to all professionals and officials concerned with social programmes at any government level.

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled "Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information." International panelists consisted of members of the legal profession, corporate representatives and a court justice. The discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests. The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

From the larger field of women and employment law, Maschke has carved out a study that focuses exclusively on the impact Title VII of the 1964 Civil Rights Act has had on women workers. . . . Maschke focus es] on the history of women workers from the days of protective laws, through the difficult birth of the Equal Employment Opportunity Commission, to present-day struggles involving pregnant workers, sexual harassment, and comparable worth. Although legalistically oriented, the book is also attuned to the political in noting diverse strategies among women's organizations and the varying congressional and presidential commitments to the promotion of the equality of women's workers. . . . Concise and readable with a select bibliography and index. "Choice"

A major contribution to the literature on the legal rights of women workers, this volume combines empirical investigation and case law analysis to provide a thorough study of sex discrimination litigation under Title VII of the Civil Rights Act of 1964. As the author notes at the outset, Title VII, although not a panacea for sex discrimination, is the most important federal statute guaranteeing equality in the workplace for women workers. Her study examines how women have fared in Title VII litigation and how the Equal Employment Opportunity Commission (EEOC), as the government's enforcement agency, played a role in Title VII litigation and in the development of legal policy in this area.

Divided into three major sections, the volume begins by exploring the protective labor laws that restricted women's job opportunities at the turn of the century. Maschke goes on to trace the origins of Title VII and to examine the political controversy surrounding the use of litigation to enforce Title VII. The second section analyzes the development of law resulting from cases involving pregnancy discrimination, sexual harassment, wage discrimination, and protective policies. In addition to case law analysis, these chapters examine the EEOC's response to the issues and demonstrate that the agency has often been inconsistent in developing sex discrimination policies. In the final section, Maschke addresses group and EEOC litigation activities in sex discrimination cases, focusing on aspects of decision making in the federal courts. The concluding chapter considers how courts and the litigation process played a role in expanding the rights of women workers.

In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

This edited collection takes a multi-disciplinary approach to the 'Active Ageing' agenda to enable readers to consider the implications of this phenomenon for the law, the workplace, and for working lives from a holistic perspective. Challenges of Active Ageing brings together academics working throughout Europe from different disciplines including law, industrial relations, human resource management and occupational psychology to explore and debate the challenges of the 'Active Ageing' agenda for equality law and management practice. Also including shorter contributions from law, human resource management, trade union and other practitioners, this book aims to fully reflect how organizations can adjust their practices to respond to the challenge of an aging population and extended working lives.

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union.
But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering.
This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union.

Veres, Sims and their contributors focus on the nuts-and-bolts issues in human resource management (HRM) created by passage of the Americans with Disabilities Act (ADA), then identify future issues and their projected impact. With practical discussion of traditional HRM activities and innovative activities the act has created, they help alleviate fears and, in doing so, fill a wide gap in the literature on ADA compliance. A welcome resource for human resource professionals and their academic colleagues as well.

The history of federal regulation in the United States is such that fears in the human resource management community with regard to the Americans with Disabilities Act are hardly irrational. Especially disconcerting is the act's scope; and, to make matters worse, its provisions are often vague and even obscure. Writing from the viewpoint of human resource professionals, Veres, Sims, and their contributors look closely at some of the major issues raised by the act's passage, then forecast what other issues will be in the future. In doing so they provide practical advice on how to comply with the act in day-to-day situations and on crucial management topics.

Veres, Sims, and their contributors examine the act's provisions and the ways in which it demands that managers scrutinize and reassess their essential functions. Compliance issues and how to avoid running afoul of the act's provisions are examined next, followed by a discussion of how the act applies to recruiting, testing, and employee selection. The performance appraisal process and how non-imparied employees will respond to accommodations required for their non-impaired colleagues is carefully laid out, and the interaction of the Equal Pay Act and the ADA is examined. Training needs in an ADA context and other problems are also treated, with special focus on ways in which employee discontent can be minimized as such problems are met and solved. A valuable guide and resource for human resource professionals and their academic colleagues.

The non-discrimination principle enshrined in the Treaty of Rome has grown, through the case law of the European Court of Justice, into a normative core of the utmost importance for the totality of Community law. In particular, the equal treatment doctrine which developed from the application of non-discrimination in employment continues to challenge the legal structures of labour law and European social integration. This collection of essays on the current and future state of equal treatment and non-discrimination in EC law presents the proceedings of a conference held at Lund University in December 2000, sponsored by the Norma Research Programme, which studies normative patterns and their development in the legal regulation of employment, housing, family and social security from a European integration perspective. Important areas of discussion include the following, among many other topics: indirect discrimination, defining the protected group, pregnancy discrimination, positive action, flexibilization of working life, rights of contract workers, and reasonable adjustments for workers with disabilities. In an interesting outcome, the discussion reveals that an analysis in terms of discrimination adds to our understanding of law even in areas that are not generally articulated in such terms. In the wake of the European Charter of Fundamental Rights, and in the light of the distinct possibility that Europe may be moving toward a "Single Non-Discrimination/Equal Treatment Act", this is a fruitful point of view - one of many insights that should make this book a useful source of material with which practitioners, academics, and other interested professionals can further the development of the equal treatment principle in European law.

Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.' - Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists. Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. Weil

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Unlike other labor law and management books, Blackard's comprehensive new work not only examines legal, strategic human resources management, change management, and related labor/management relations issues, but also offers easily grasped and applied methods for addressing all of these issues. Labor relations should be a fully integrated part of a systemic approach to human resource management, argues Blackard. He challenges the feasibility of ad hoc programs and labor/management partnerships, but encourages collaboration within the context of both parties' interests and roles. His book provides a philosophy and set of practices to manage change and improve the labor/management relationship in the unionized workplace.

Companies with poor union relationships rarely have union problems; they have management problems. The crux is that managing change is a special challenge. To help executives address the challenge, Blackard first reviews the state of labor relations and discusses key differences between managing change in union and non-union settings. He presents a philosophy based on collaboration of countervailing interests and an integrated model for change management that is uniquely applicable in unionized workplaces. He then discusses the application of management practices based on such concepts as organizational learning, systems theory, trust, power, mutual gains negotiations, and supplemental teams that support the countervailing collaboration concept. By seeing labor relations as part of a broader human resource management system, one can identify and better understand many of the questions that inevitably rise when faced with the need for rapid and often drastic change.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.

Mit dem Anstieg der Lebenserwartung in Europa geht ein Wandel der Erwerbs- und Lebensverlaufe einher, die durch Bruche und Wechsel der beruflichen Tatigkeiten gepragt sind. Ein zentrales Anliegen ist daher, jedem die Teilhabe am Erwerbsleben uber den gesamten Lebensverlauf zu ermoeglichen und zugleich soziale Rechte durch angemessenen sozialen Schutz zu gewahrleisten. Mit juristischen, sozialpolitischen und empirischen Analysen widmet sich dieses Buch dem Zusammenspiel verschiedener Sozialschutzmechanismen und ihren Schwierigkeiten, sich den neuen Entwicklungen anzupassen. Es prasentiert die Impulse europaischer Instanzen und die Antworten verschiedener europaischer Staaten auf die Herausforderung, Flexibilisierung der Beschaftigung und Modernisierung der Sozialschutzsysteme in Einklang zu bringen. Increasing life expectancy in Europe entails a remodelling of career development and life course, marked by discontinuities and changing professional activities. One of the concerns is ensuring that everybody may participate in gainful activities during his or her life course while also guaranteeing social rights through adequate social protection. By means of legal, socio-political and empirical analyses this book embarks on the interrelationship of different social protection mechanisms and the resulting difficulties of adapting to these new employment patterns. It presents European impulses and the reactions of several European states to the challenge of reconciling flexibility of employment and modernisation of social protection. L'augmentation de l'esperance de vie en Europe suscite un changement des modes de parcours professionnels et de vie constitues de ruptures et de conversions d'activite. L'une des preoccupations est de permettre a chacun de poursuivre une activite professionnelle tout au long de sa vie tout en pouvant beneficier d'une protection sociale adaptee. A travers des analyses juridiques, socio-politiques et empiriques, cet ouvrage aborde les interferences et les difficultes d'adaptation des mecanismes de protection sociale aux nouvelles evolutions. Il presente les impulsions europeennes et les choix effectues au niveau national pour concilier flexibilite de l'emploi et modernisation des systemes de protection sociale.

Millions of people around the Asia-Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia; the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship; and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.

The rhetoric of 'flexibility' and its potential to empower workers forms a key part of employment policy at the EU level. This book examines the regulation of 'flexible' or 'non-standard' forms of work, which include part-time, temporary, and temporary agency work. It unites analysis of changing patterns of work with exploration of the policy debate about how such work should be regulated. McCann explores how workers in non-standard jobs have traditionally been excluded from the protection of labour law or treated less favourably than the full-time permanent workforce because labour laws have been designed around the 'standard' full-time permanent employee. Analysing in detail recent United Kingdom legislative reforms and the wider context of the EU and International Labour Organization, this book shows how, although flexible working arrangements are now more strongly protected, they are not fully integrated into UK labour law. McCann ascribes the continuing disadvantage of flexible workers to the quest to maintain a 'flexible' labour market. She contends that the current balance between ensuring flexibility for employers, and ensuring minimum standards for workers is undermining protection for non-standard workers by allowing their employment rights to be derogated in the interest of labour market flexibility.

This book is a comprehensive treatment of worker participation in the United States and its relation to the legal system. The purpose of the study is to analyze the meaning and practice of industrial democracy and to propose statutory reforms that would benefit both management and labor. It is unique in its interdisciplinary approach, which combines research from the fields of history, law, industrial relations, sociology, and organizational behavior.

Labor-management cooperation and worker participation are subjects of vigorous debate. This work examines the arguments concerning the benefits and deficiencies of involvement programs, their impact on union relationships, and their function as techniques to enhance productivity and competitiveness in the workplace. The study traces the history of participation from its inception in the 1870s through the 1980s, surveying the case law from 1934 to 1991, and provides a political and economic context for the analysis of participation. The book will be of interest to scholars and professionals in industrial relations, industrial sociology, labor law, and labor studies.

Millions of laborers, from the Philippines to the Caribbean, performed the work of the United States empire. Forging a global economy connecting the tropics to the industrial center, workers harvested sugar, cleaned hotel rooms, provided sexual favors, and filled military ranks. Placing working men and women at the center of the long history of the U.S. empire, these essays offer new stories of empire that intersect with the "grand narratives" of diplomatic affairs at the national and international levels. Missile defense, Cold War showdowns, development politics, military combat, tourism, and banana economics share something in common-they all have labor histories. This collection challenges historians to consider the labor that formed, worked, confronted, and rendered the U.S. empire visible. The U.S. empire is a project of global labor mobilization, coercive management, military presence, and forced cultural encounter. Together, the essays in this volume recognize the United States as a global imperial player whose systems of labor mobilization and migration stretched from Central America to West Africa to the United States itself. Workers are also the key actors in this volume. Their stories are multi-vocal, as workers sometimes defied the U.S. empire's rhetoric of civilization, peace, and stability and at other times navigated its networks or benefited from its profits. Their experiences reveal the gulf between the American 'denial of empire' and the lived practice of management, resource exploitation, and military exigency. When historians place labor and working people at the center, empire appears as a central dynamic of U.S. history.

In dealing with the complex issues surrounding labor law, this volume analyzes the rapid, profound, and all - encompassing nature of change in the work place. The essays examine the politics of the modern working world and its relationship with the law. By taking an interdisciplinary approach, including articles from feminist and social justice theorists, this volume is a significant contribution to the worlds of law and industrial relations.

Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them.This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.

This highly useful reference outlines best practices in key areas of human resources that are not only fair and equitable, but that can withstand legal scrutiny. Industrial/organizational experts apply their empirical knowledge and practical experience to aspects of HR that are commonly litigated, including broad and specific topics in testing of potential employees, disability issues, compensation and pay equity, and work hours. The book is written to be accessible to readers currently in HR-related graduate-level training as well as HR practitioners with or without background in industrial/organizational psychology. And to add to its utility, chapters feature practical strategies for addressing each of the legal issues presented. Among the topics covered: Measuring adverse impact in employee selection decisions. Using background checks in the employee selection process. Disabilities: best practices for vulnerabilities associated with the ADA. Physical abilities testing. Wage and hour litigation. Clinical psychological testing for employee selection. Conducting compensation equity analyses. Practitioner's Guide to Legal Issues in Organizations brings clear, up-to-date information to graduate students studying human resources, management, industrial/organizational psychology who are interested in legal issues, as well as applied HR practitioners such as industrial/organizational psychologists, human resources generalists, management and labor economists.

To be an effective manager in today's library, you must know and comply with numerous federal and state laws and regulations. This handbook offers how to information on academic library management and provides a single, up-to-date source for laws, regulations, executive orders, guidelines, and court decisions on employee and employer rights and responsibilities. It includes information on laws relating to recruitment and selection of personnel; the employment relationship; wages and hours; employee benefits; health, safety, and privacy; and income replacement (e.g., disability, workers' compensation). In addition, potential management problems (e.g., discipline and discharge) are discussed and case studies are presented with suggestions for problem resolution. This material will keep administrators and human resources staff apprised of the actions of such organizations as the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the Office of Federal Cont

More and more multinational companies are deploying key employees around the globe to serve the increasing international business needs of the multinational, its global markets, and its customers. The ability to relocate employees quickly from one location to another, and the ability of those employees to quickly focus on the business objectives of the company once they are relocated, can often determine the success of a new regional operation or an entire global strategy. It is crucial for employers to avoid unexpected barriers or difficulties in the form of employment-related issues. This enormously valuable handbook is the ideal solution to such problems, both in the anticipation and in the event. With 32 chapters each written by local experts, it provides a practical, country-by-country guide to employee relocation issues among the world's most active or fast-developing economies. Each chapter offers a handy reference to relevant issues under each particular country's laws regarding employment status, compensation and benefits, related tax issues, and more. With its reliable guidance, both employers and employees can proceed confidently with their cross-border plans and commitments. The writers of each chapter answer important questions on a wide range of employment issues. Among the many relevant matters covered - in the same order in each chapter, for easy cross-reference - are the following: types of employment visas and related qualification requirements; expenses and time frame for obtaining visas; income taxation of foreign nationals; employer's tax withholding requirements; filing and reporting requirements; eligibility for employee or retirement benefits; continuation of home country benefits; wealth, capital, estate or death taxes; taxable presence of foreign corporate employers; vicarious liability for acts of employees; privacy laws relating to employees; employment termination provisions under local law; enforceability of non-competition and non-solicitation agreements; and, protection of confidential or trade secret information. The Handbook has been meticulously produced under the auspices of member firms of the World Law Group, a leading network of 48 independent law firms located in most of the world's major commercial centers. A peerless source of information and guidance to employers in expatriate relocation planning, it will greatly help to foresee potential pitfalls and benefit from local advantages, so both employers and expatriate employees will be free to concentrate on the business goals at hand.