This international book analyses the impact of digitisation in labour markets, on labour relationships and also on labour processes. The rapid progress of modern disruptive technologies and AIs and their multiple applications to each phase of the labour production system, are changing the production rules on a global scale with significant impacts in every aspect of work. As new technologies transform work patterns and change the type of jobs available - destroying some while creating others - and even the nature of the tasks performed, numerous legal problems arise which are challenging to legislators and legal scholars who need to find appropriate solutions to them. Considering the labour law issues which have been created by technological developments and currently affect the work of millions worldwide, this book highlights the full scope of these issues, suggesting solutions to emerging problems and ways to mitigate the risks brought about through technological advancement. Approaching the present debate with perspectives on legal problems with expertise from a wide range of different countries, this book presents informed and scholarly studies which answer the challenges that new technologies present in labour markets, private lives and labour processes.

By adopting a theoretical analysis, this monograph examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced. The monograph analyses the policy objectives of corporate rescue laws and employment protection laws as set out in the statutes, parliamentary and congressional debates proceedings as reported in the Hansard (UK) and the Congressional Record (US), ministerial statements, Government consultative documents and case law of both the US and the UK.

The various contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions (including those with common law, civilian and mixed traditions) in North America, Europe, Africa and Asia

This book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work. The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising from constantly developing technology, this book makes important and informed suggestions on how to solve the numerous problems which have arisen. The collection of chapters in this volume are varied and are dealt with from different disciplinary angles, and from a diverse range of countries and legal systems to create an interesting and unique global picture on the topics studied therein. With an international perspective, the book will be of interest to students and scholars of economy and technology law.

Of interest to anyone who wishes to understand more about employee rights and the revolutionizing of employment models, "Employment and Employee Rights" addresses the issue of rights in the workplace from the perspective of both employees and employers.

In the process of exploring arguments for guaranteeing rights, the book examines the relational, developmental, and economic bases upon which they are founded. New dimensions of employment are also considered, including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights.

"Employment and Employee Rights" defends employee rights as economic value added for employers and companies, and it suggests a model where employees engage in meaningful work, maintain their autonomy, and exercise a level of control over their employment.

This book studies caste and community dynamics in India and offers a critical view of social mobility from below. Building on the theories of the eminent sociologist M N Srinivas, the essays in this volume reformulate the debate on caste as they document the changing inter-caste dynamics and caste-based violence in contemporary India. The volume showcases the new language of change in caste relations, articulated mostly from the perspective of the marginalised as experiences, differences, contestations, assertions and as citizenship rights. It focusses on the clash between traditional structures of inequality and the ideals of equality and justice in a liberal, democratic India. It also highlights the persistence of caste and endogamy and the interlocking nature of caste, gender and disability, struggles of ethnic groups and informal workers in the market economy, discrimination in the labour market and the dissolution of dissent in the public sphere. With contributions from leading scholars of social change and development in India and abroad, this volume will be useful for scholars and researchers of sociology, social anthropology, minority and subaltern studies, and development studies.

Workplace sexual harassment law can be a tangle for business. This book brings clarity to this confusing area of employment law and blazes a new pathway in the discussions by employing a comprehensive, yet simple and concise approach. The chapters are a self-contained discussion of issues such as retaliation and constructive discharge, merged with substantive topics like "quid pro quo" and hostile environment sexual harassment. Achampong devotes significant attention to landmark developments shaping the law, and provides a holistic approach to managing the risk of liability for sexual harassment. This volume is an ideal reference and text for law and business professors and students, human resource managers, risk management consultants, and attorneys.

Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.

Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.

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.

Increasing workplace diversity has given rise to growing intergroup challenges that persistently manifest in discrimination. An emerging science in psychology, sociology, and management has yielded useful evidence to be brought to bear on the important problem of discrimination, but current literature is either focused on social (rather than work) settings, on legal (rather than interpersonal) issues, or on the general phenomenon of diversity instead of the social problem of discrimination in action. Edited by Adrienne J. Colella and Eden B. King, The Oxford Handbook of Workplace Discrimination provides readers with a broad and interdisciplinary review of state-of-the-art research on discrimination in the workplace. In this volume, Colella, King, and their contributing authors tackle the unique experiences of people from diverse perspectives and communities (including religious minorities, gay and lesbian workers, and people with disabilities); the myriad of ways in which discrimination can manifest and its overall consequences; explanations for discrimination; and strategies for reduction. This Handbook will propel future scholarship by clearly outlining the substantive questions, methods, and issues for the future ahead.

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.

As the dust settles on nearly three decades of economic reform in Latin America, one of the most fundamental economic policy areas has changed far less than expected: labor regulation. To date, Latin America's labor laws remain both rigidly protective and remarkably diverse. "Continuity Despite Change" develops a new theoretical framework for understanding labor laws and their change through time, beginning by conceptualizing labor laws as comprehensive systems or "regimes." In this context, Matthew Carnes demonstrates that the reform measures introduced in the 1980s and 1990s have only marginally modified the labor laws from decades earlier. To explain this continuity, he argues that labor law development is constrained by long-term economic conditions and labor market institutions. He points specifically to two key factors--the distribution of worker skill levels and the organizational capacity of workers.
Carnes presents cross-national statistical evidence from the eighteen major Latin American economies to show that the theory holds for the decades from the 1980s to the 2000s, a period in which many countries grappled with proposed changes to their labor laws. He then offers theoretically grounded narratives to explain the different labor law configurations and reform paths of Chile, Peru, and Argentina. His findings push for a rethinking of the impact of globalization on labor regulation, as economic and political institutions governing labor have proven to be more resilient than earlier studies have suggested.

This book goes beyond traditional minimum wage research to investigate the interplay between different country and sectoral institutional settings and actors' strategies in the field of minimum wage policies. It asks which strategies and motives, namely free collective bargaining, fair pay and/or minimum income protection, are emphasised by social actors with respect to the regulation and adaptation of (statutory) minimum wages. Taking an actor-centered institutionalist approach, and employing cross-country comparative studies, sector studies and single country accounts of change, the book relates institutional and labour market settings, actors' strategies and power resources with policy and practice outcomes. Looking at the key pay equity indicators of low wage development and women's over-representation among the low paid, it illuminates our understandings about the importance of historical junctures, specific constellations of social actors, and sector- and country-specific actor strategies. Finally, it underlines the important role of social dialogue in shaping an effective minimum wage policy. This book will be of key interest to scholars, students and policy-makers and practitioners in industrial relations, international human resource management, labour studies, labour market policy, inequality studies, trade union studies, European politics and political economy.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

This is an extremely insightful book on an important and timely topic - how to get women on to corporate boards. I am proud to have been a part of the discussion and processes presented in this book, and I am impressed by how the editors have put together a systematic and comprehensive overview of the snowball effects of the Norwegian gender balance law. This book will definitely be influential when policy-makers and politicians in various countries are considering voluntary actions or legal regulations to empower women in corporate life.' - Kjell Magne Bondevik, Director, Oslo Centre for Peace and Human Rights and Former Prime Minister of Norway (1997-2000 and 2001-2005)'This book provides significant and important insight into the continuing challenge in getting more women on to corporate boards globally. Catalyst has always believed that competing in a global economy requires that companies leverage the talents of both men and women leaders. This book's evidence-based reflections about gender balance in the boardroom, from Norway and beyond, help further the dialogue on this important business issue.' - Ilene H. Lang, President and CEO, Catalyst This book provides unique insights into how the idea of quota laws to get women on to corporate boards gained international momentum from its origins in Norway. Invaluable insights are gained through the stories of actors involved in shaping the discourse and practice on women of boards. In exploring political contexts, the role of the advocacy movement, experiences of women directors themselves and latest research findings, the contributors provide a comprehensive overview of the rationales, processes and outcomes of formal approaches to gender diversity on boards. Drawing on insights from political, business and academic actors, the book discusses how and why the Norwegian law on gender equality on corporate boards is turning into a blueprint for action internationally. Getting Women on to Corporate Boards will prove an invaluable resource for policy-makers, principle-setters, practitioners and students interested in the international lessons from Norway, as well as for current and potential female directors. Contributors: K. Bergsto, H. Bjorkhaug, A. Bolso, M. Brogi, A.D. Buhrmann, L. Davoy, C. Finocchi Mahne, H. Foust-Cummings, K. Hansen, V. Heidenreich, E. Hurvenes, M. Huse, G. Ladegard, M. Lutken, S. Machold, D.P. Moore, I.R. Myhre, N.H. Nergaard, V. Reding, M. Schulz-Strelow, R. Sealy, C. Seierstad, S.O. Sorensen, E.G. Standal, M. Torchia, S. Vinnicombe, D. Weber-Rey, C. Wetli, T. Widvey

In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens' ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.

Using Heideggerian tool ontology to investigate antiblack racism in the United States, Ontological Branding: Power, Privilege, and White Supremacy in a Colorblind World provides a novel account of race and racial justice. Bonard Ivan Molina Garcia argues that race is best understood as a tool to brand persons of color, particularly Black persons, as subordinate in order to privilege whiteness as the proper state of persons in a world created by and for persons and in which all (and only) persons are equal. Persons of color, particularly Black persons, are thus excluded from full participation in the rights and privileges of personhood and instead relegated to ways of being in service to the white world. This white supremacist system was created through law, and despite significant changes, U.S. law's current approach to racial justice through colorblindness only serves to safeguard white supremacy. Racial justice instead requires a critical race consciousness that accounts for the ontology of race. Racial justice requires ontological justice.

Delivers knowledge critical to understanding the multidimensional aspects of working with varied populations with disabilities.This is the only introduction to disability book with an interdisciplinary perspective that offers cross-disability and intersectionality coverage, as well as a special emphasis on many unique populations. Comprehensive and reader-friendly, it provides current, evidence-based knowledge on the key principles and practice of disability, while addressing advocacy, the disability rights movement, disability legislation, public policy, and law. Focusing on significant trends, the book provides coverage on persistent and emerging avenues in disability studies that are anticipated to impact a growing proportion of individuals in need of disability services. Woven throughout is an emphasis on psychosocial adaptation to disability supported by case studies and field-based experiential exercises. The text addresses the roles and functions of disability service providers. It also examines ethics in service delivery, credentialing, career paths, cultural competency, poverty, infectious diseases, and family and lifespan perspectives. Reinforcing the need for an interdisciplinary stance, each chapter discusses how varied disciplines work together to provide services addressing the whole person. Active learning is promoted through discussion boxes, self-check questions, and learning exercises. Faculty support includes PowerPoints, model syllabi, test bank, and instructor manual. Purchase includes digital access for use on most mobile devices or computers. Key Features: Provides readers with key knowledge and skills needed to effectively practice in multidisciplinary settings Offers interdisciplinary perspectives on conceptualization, assessment, and intervention across a broad range of disabilities and client populations Underscores the intersectionality of disability to correspond with trends in education focusing on social justice and underrepresented populations Includes research and discussion boxes citing current research activities and excerpts from noted experts in various human service disciplines Promotes active learning with discussion boxes, multiple-choice questions, case studies with discussion questions, and field-based experiential exercises Includes instructor manual, sample syllabi, PowerPoint slides, and test bank Identifies key references at the end of chapters and provides resources for additional information Purchase includes digital access for use on most mobile devices or computers.

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies - such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections - necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.

This book provides a detailed discussion of four class-action discrimination cases that have recently been settled within the United States Department of Agriculture (USDA) and have led to a change in the way in which the USDA supports farmers from diverse backgrounds. These settlements shed light on why access to successful farming has been so often limited to white men and/or families, and significantly this has led to a change for opportunities in the way the USDA supports famers from diverse backgrounds. With chapters focusing on each settlement Jett provides an overview of the USDA before diving into a closer discussion of the four key settlements, involving African American farmers (Pigford), Native Americans (Keepseagle), Woman famers (Love) and Latino(a) farmers (Garcia), and the similarities between each. This title places and emphasis on what is happening in farming culture today, drawing connections between these four settlements and the increasing attention on urban farming, community gardens, farmers markets, organic farming and the slow food movement, through to the larger issues of food justice and access to food. Fighting for Farming Justice will be of interest to scholars of food justice and the farming arena, as well as those in the fields of Agricultural Economics, Civil Rights Law and Ethic Studies.

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.

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.