Savvy managers no longer look at contracts and the law reactively but use them proactively to reduce their costs, minimize their risks, secure key talent, collaborate to innovate, protect intellectual property, and create value for their customers that is superior to that offered by competitors. To achieve competitive advantage in this way managers need a plan. Proactive Law for Managers provides this plan; The Manager's Legal PlanTM. George Siedel and Helena Haapio first discuss the traditional, reactive approach used by many managers when confronted with the law, then contrast it with a proactive approach that enables the law and managers' legal capabilities to be used to prevent problems, promote successful business, and achieve competitive advantage. Proactive Law for Managers shows how to use contracts and the law to create new value and innovate in often neglected areas - and implement ideas in a profitable manner.

"A smart, well-documented book about a group of people determined to hold the powerful to account."-2021 NPR "Books We Love" "Journalism at its best."-2022 Southwest Books of the Year: Top Pick A 2021 Immigration Book of the Year, Immigration Prof Blog Investigative Reporters & Editors Book Award Finalist 2021 How Latino activists brought down powerful Arizona sheriff Joe Arpaio. Journalists Terry Greene Sterling and Jude Joffe-Block spent years chronicling the human consequences of Sheriff Joe Arpaio's relentless immigration enforcement in Maricopa County, Arizona. In Driving While Brown, they tell the tale of two opposing movements that redefined Arizona's political landscape-the restrictionist cause advanced by Arpaio and the Latino-led resistance that rose up against it. The story follows Arpaio, his supporters, and his adversaries, including Lydia Guzman, who gathered evidence for a racial-profiling lawsuit that took surprising turns. Guzman joined a coalition determined to stop Arpaio, reform unconstitutional policing, and fight for Latino civil rights. Driving While Brown details Arpaio's transformation-from "America's Toughest Sheriff," who forced inmates to wear pink underwear, into the nation's most feared immigration enforcer who ended up receiving President Donald Trump's first pardon. The authors immerse readers in the lives of people on both sides of the battle and uncover the deep roots of the Trump administration's immigration policies. The result of tireless investigative reporting, this powerful book provides critical insights into effective resistance to institutionalized racism and the community organizing that helped transform Arizona from a conservative stronghold into a battleground state.

"The Law on Age Discrimination in the EU" is edited by Malcolm Sargeant. The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book, written by national experts in eight Member States and at the EU level, considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: what legislation has been adopted in each country; the development of the case law that exists in some States; the demographic imperative existing in each country; measures taken to improve the position of young people; retirement and the exit from the workforce of older workers; and, the approach and case law of the European Court of Justice. As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study.

This book provides the first overarching, empirically grounded, critical analysis of child trafficking as an idea, ordering principle, and artefact of politics. It examines (once) hegemonic anti-child trafficking discourse, policy and practice, and does so by placing secondary literature from around the world in conversation the author's paradigmatic case study of the situation in southern Benin. It deconstructs the child trafficking paradigm, contrasts it with 'real' histories of child and youth labour and mobility, and seeks to explain it by going 'inside' the anti-trafficking field. In doing so, Howard tells a gripping story of ideology at work.

Although it is well-known that administration of social security is a sensitive political issue, the great variety of this type of administration makes it difficult for researchers to seek meaningful patterns that can lead to useful knowledge. Fortunately, this book takes an important step in the approach to the problem. Its focus is on the role of non-public actors - primarily social partners (employers' organizations and trade unions), employers, and private bodies (e.g., insurance companies and funds) - in determining the content, decision-making, and supervision of social security schemes. The editors asked a group of well-qualified researchers from countries of varying types of social security and welfare systems to describe and analyse the role of non-public actors in their national systems from a comparative point of view. The countries covered are Germany, France, Finland, the Netherlands, Denmark, Sweden, United Kingdom, Czech Republic, Spain, and the United States. Administration of benefits for old age, sickness and disability, unemployment, and health care is studied, with an overall interest in the relationships between the involvement of non-public actors, the state, and the insured or covered persons. The pattern that appears sheds new light on such elements as the following:;factors that influence whether non-public actors have a role in the organization of a social security system at what level involvement of non-public actors takes place; prevailing views on, and experiences of, their roles; the impact of their roles (or lack thereof) on the system, in terms of distribution of responsibilities, participation of the insured and covered persons, and access to benefits; who pays for the scheme; who decides to whom the scheme applies; and who takes decisions on benefits in individual cases.;;;;;; The ten country chapters are bookended by introductory and concluding essays that assess such underlying issues as transparency, the goals of the various interest groups, distribution of tasks, issues of democracy, and the degree of control by public bodies. In the last chapter a framework emerges that is helpful for explaining some of the developments noted in the country reports, and that should also prove useful for countries when considering changes in their own systems. The study clearly reveals problems that occur in social security administrations and choices countries can make in realizing their social security objectives.

This major new book examines the way in which employment is managed across organizational boundaries. It analyses how public-private partnerships, franchises, agencies and other forms of inter-firm contractual relations impact on work and employment and the experiences of those working in these increasingly significant forms of organization. it draws upon research undertaken in eight separate networks comprising over 50 organizations to explore the fragmentating effects of contemporary changes in the organization of work and employment relationships. It considers the consequences of increased eliance upon inter-organizational mechanisms for producing goods and especially for delivering services. It argues that established analyses continue to rely too heavily upon a mocel of the single employing organization whereas today the situation is often more complex and confused. Public-private 'partnerships' are one high profile example of this phenomenon but private enterprises are also developing new relations with their clients and customers that impinge upon the nature of the employment relationship. Established hierarchical forms are becoming disordered, with consequences for career patterns, training and skills, pay structures, disciplinary practice, worker voice, and the gendered division of labor. The findings of the study raise questions about the governance of such complex organizational forms, the appropriateness of current institutions for addressing this complexity, and the challenge of harnessing of employee commitment in circumstances where human resource practices are shaped by organizations other than the legal employer. Using an analytical schema of three dimensions (institutional, organizational, employment) and four themes (power, risk, identity, trust), the authors adopt an inter-disciplinary perspective to address these complex and critically important practical, policy and theoretical concerns. Fragmenting Work will be vital reading for all those wishing to understand the contemporary realities of work and employment.

Sabbaticals for everyone? Not quite, but there's plenty of good reason to extend them beyond academia and into selected sectors of the world outside. Lawyer and teacher Daniel C. Kramer shows from his own meticulous research and others' that sabbatical programs that now exist have produced greater benefits than costs, and that they could be spread to most of the American work force with a simple amendment to the Family and Medical Leave Act of 1993. They must be conceived and administrated commonsensically, of course, and there will always be places where they won't work. But there's enough evidence that they will work--primarily in organizations of more than 50 people--and in the public and private sectors both. A challenging, thought-provoking book for policy- and executive decision-makers throughout the country, and new fuel for debate within the academic community as well.

Kramer summarizes just about all of the existing research on the topic and finds that the benefits of sabbaticals to those who have taken them far exceed whatever disruptions they may have caused to their organizations. He examines for-profit companies, high tech as well as the more traditional ones, and not-for-profit and governmental organizations too. He looks at elementary and secondary schools, medical settings, and churches and reports on the personal experiences of many who have taken them, summarized from other books and articles as well as from what was disclosed to him personally in the course of his own conversations with more than 100 people in various work settings. Sabbatical grantees travel, spend more time with their children, or just relax--and most of them return to their desks more enthusiastic about their work and better able to do it than before they left. From the organization's viewpoint, Kramer finds that sabbaticals are not as costly as many think, nor do they impede the work flow as some fear--not if they are administrated with ordinary understanding of the basic principles he carefully elucidates. He concludes with a discussion of how such programs could easily be mandated into law, and gives a final, persuasive argument why he thinks they should be.

This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and seeks to demonstrate that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of shifts in policy-making technique. From the governance perspective, labour law is a particularly useful focus of study, given the range of traditional and new approaches to governance which have been attempted, from harmonisation through framework measures to the open method of coordination, and the range of actors involved in the policy making process. The intention is not to provide an exhaustive account of European intervention in the labour law arena. Instead it provides a framework to enable the reader to think about the role that the EU has, and should, play in this field, and argues that European level intervention can make a valuable contribution to the making of labour law in European Member States.

The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK's crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. 'Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.' - Keith Ewing, Professor of Public Law, King's College London 'An important contribution to socio-legal research on care work and labour law.' - Judy Fudge, Professor of Labour Law, University of Kent 'Innovative and meticulous; merits a very wide readership.' - Lizzie Barmes, Professor of Labour Law, Queen Mary University of London 'A really important text which shows, through deep analysis of care workers' stories, how badly undervalued their work is... It offers an excellent analysis.' - Robin Allen QC, Cloisters Chambers 'A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.' - David Brindle, Public Services Editor, The Guardian 'Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.' - Joanne Conaghan, Professor of Law, University of Bristol

The rapid proliferation everywhere of non-standard work arrangements, and the dramatic transformation of labour markets that inevitably follows, raise crucial questions about the future of labour law in national and regional contexts. Is labour law being called upon to perform the new function of promoting employment and actually creating jobs? Is it moving away from its original mission of protecting people at work, and instead protecting and fostering employability? How are labour law regimes in various countries reacting to this pressure? To what extent are they redirecting their focus? Are they in fact resisting the pressure to change and impeding the progress of job creation policies? These are among the vital questions addressed at an international conference organised in Modena, Italy, in April 2000 by the International Club Meeting of Labour Law Periodicals, an informal forum linking a number of reviews from around the world under the auspices of The International Journal of Comparative Labour Law and Industrial Relations (IJCLLIR). This book records the work of this discussion, offering the contributions of outstanding scholars from ten countries in all five continents. In particular, "Job Creation and Labour Law" highlights the ongoing debate between those who believe that legislative employment protection has little or no effect on overall employment and those who insist it is an essential factor in ensuring the continuity of a competent and adequate workforce. Scholars, practitioners, lawmakers, and others interested in the changing state of labour law will appreciate the expert authorship and truly international perspective of this insightful work.

The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).

"Presented in a user-friendly style, this book is an invaluable tool for all students of employment law. It provides excellent discussion of key areas of the current law." Jane Johnson, Senior Lecturer, CoventryUniversity Employment Law is a thought-provoking account of employment law suitable for students approaching the subject for the first time. Legal principles are introduced in the political, social and economic context in which they operate, while statistics and examples are used to relate the law further to the world in which employment law functions.

With the decline of collective regulation and the mushrooming of statutory rights in the developed world over the past half-century, individual workplace disputes are now often resolved by the civil courts, by labour courts, by administrative bodies or by arbitration. The nature and operation of these institutions, however, have been largely ignored in the employment literature and this book, by focusing on the institutional architecture itself, fills this gap.
Adjudicating Employment Rights looks at the institutions in ten countries across its chapters: seven European countries, including France, Germany, Italy and Great Britain, as well as countries outside Europe, such as the USA, South Africa and New Zealand. In addition, this book compares these countries' employment adjudication regimes through descriptive comparisons, the analysis of different institutions using well-known theoretical frameworks, and the evaluation of these countries' institutions against a number of yardsticks.

At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

HSE has published a new, simplified version of the Health and Safety Law Poster. It tells workers what they and their employers need to do in simple terms, using numbered lists of basic points. As an employer, you are required by law to either display the HSE-approved poster or to provide each of your workers with the quivalent 'leaflet'. The leaflet version of the poster has now been replaced by a pocket card, which is more durable and better suited to the workplace. (ISBN 9780717663507 in packs of 25.) The law has been changed - for the new poster you don't have to add contact details of your enforcing authority and HSE's Employment Medical Advisory Service. You can add details of any employee safety representatives or other health and safety contacts, but this is not compulsory.

The German works councils enjoy far-reaching powers and can exert tremendous influence, which creates an indisputable danger of abuse of power. However, the employees and employer are scarcely protected from any breaches of duty it may commit. The legal protection provided in the industrial governance regulations is still insufficiently developed. On the other hand, the powers of the unions in the United States of America have long since been limited by the duty of fair representation. In a state governed by the rule of law, it must be possible to hold anyone exercising power accountable. Proceeding from this principle, the author develops and proposes a comprehensive system of legal protection on a civil law basis. Today, in light of the reform of the Works Constitution Act which was agreed upon in the German federal government's coalition agreement, this work is of great topical immediacy and represents an important contribution to questions of legal policy.

This Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.- Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN)'The International Handbook on Whistleblowing Research offers a thorough and thoughtful examination of current approaches to research regarding this important topic. The editors have included the viewpoints of highly regarded researchers from a number of different fields, including the social sciences, business, and law. Unlike some collections of comments by experts in diverse fields, the editors have created a coherent and useful structure for an analysis of the status of whistleblowing research, the appropriate design for such research and its practical applications. The book casts new light on many topics crucial to the success or failure of whistleblower laws. Researchers, activists, policy makers and anyone interested in understanding whistleblowing and improving laws that encourage and protect it should read this indispensable work. A 'who's who' of the field and a depository of insights and ideas.- Robert Vaughn, American University Washington College of Law, US Whistleblowing the disclosure of wrongdoing by organizational insiders is vital to modern public accountability and integrity across all organizations and societies. This important Handbook offers original, cutting-edge analyzes of the conceptual and practical challenges that researchers face in order to better inform the way whistleblowing is understood and confronted by organizations, regulatory authorities and governments. Featuring contributions from scholars and policy practitioners in a number of diverse fields - including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branches of law - the book provides a comprehensive guide to existing research and blueprints for how new research should be conducted in the future. It covers conceptual and definitional fundamentals of whistleblowing and strategies for researching whistleblowing in an organizational context, as well as law reform, regulation, management practicalities and research ethics. It also charts the lessons of 30 years of empirical research and maps out new questions and projects for future decades. This Handbook, with its unique perspective on the complex, multi-faceted and often controversial nature of whistleblowing research, will be a vital resource for researchers, policymakers and organizations around the world. Contributors: B. Bjorkelo, R. Bosua, A.J. Brown, H.H. Bye, K. Crow, T. Devine, S. Dreyfus, T. Morehead Dworkin, B. Edwards, B. Fasterling, T. Faunce, P. Harpur, R. Lederman, D. Lewis, J. Leys, K. Loyens, J. Maesschalck, B. Martin, D.P. Meyer, M.P. Miceli, S. Milton, R. Moberly, F.M. Morgan Jr, J.P. Near, T. Nikolic, J. Olsen, M.T. Rehg, P. Roberts, M. Skivenes, R. Smith, J. Spencer, M. Spencer, S.C. Trygstad, E. Tsahuridu, T. Uys, W. Vandekerckhove, S. Walden, C. Wheeler, J. Zuckerman

This accessible, new textbook provides an overview of the rapidly growing area of discrimination law. It covers all of the traditional areas of discrimination law, including discrimination within the context of employment, sex and race discrimination. The book also includes new areas resulting from the Equal Treatment in Employment Directive such as age and religious discrimination. Discrimination Law is edited by Malcolm Sargeant, an expert in the area of employment and discrimination law.

Tolley's Managing Fixed-Term and Part-Time Workers is an essential tool for HR directors and managers, and their advisers. This timely handbook contains comprehensive coverage of the legal and practical implications of the new Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the EC Directive on Fixed-Term Work. With almost a quarter of the total UK working population engaged on part-time contracts, there has never been a greater need for employers to understand the latest rights and duties owed to those who work on a part-time, intermittent or job-share basis. This invaluable resource will show you how to deal fairly with agency temps, contractors, freelancers, casual workers, seasonal workers, students working during vacations, part-time employees and temporary workers engaged to cover short-term absence. Combining coverage of the legal background with practical advice on how to ensure your policies and procedures comply with the law, this handbook will enable you to: - understand the laws that impact upon successive fixed-term contracts - treat part-time staff fairly and avoid claims of unlawful discrimination from women who form the majority of the UK's part-time workforce - draft your own documents using key sample documents - letters of employment, contract clauses and employment policies - save time by giving you access to comprehensive legal and tactical information in one unique handbook, featuring questions and answers, checklists and case studies for ease of use - ensure you are complying with the laws governing equality of treatment for fixed-term and part-time workers This accessible guide explains the latest legislation and case law and offers an array of practical tips and tools to help ensure fairness of treatment for fixed-term and part-time employees.

Women are still far from equal to men yet discrimination on the grounds of sex is unlawful. In this compelling, new book, Sandra Fredman asks the question: why has the law had so little impact? She argues that it is due to inherent limitations within the legal framework. In particular, the law is unable to address the division of labour within the family, a factor which continues to prove a serious impediment to women's progress. The author concludes that only when this caring work is properly valued, and men and women participate equally in both family life and the paid workforce will real progress in the arena of sexual equality be made.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Bringing together legal rulings and commentary, this three-volume collection documents the development of legal protections for women in the workplace. The comprehensive coverage encompasses the major legal and constitutional issues, including debates over minimum wage legislation, issues of gender equality versus gender difference, maternity leave, health hazards in the workplace for pregnant women, and other vital topics. This set will become an essential guide for students and scholars, as well as lay readers.

Bringing together legal rulings and commentary, this three-volume collection documents the development of legal protections for women in the workplace. The comprehensive coverage encompasses the major legal and constitutional issues, including debates over minimum wage legislation, issues of gender equality versus gender difference, maternity leave, health hazards in the workplace for pregnant women, and other vital topics. This set will become an essential guide for students and scholars, as well as lay readers.