The ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.

Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

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.

Drawing on data from a Europe wide project, together with existing data on equality and diversity initiatives, this book explores the work of trade unions in supporting equality and anti-discrimination policies across Europe and, in particular, the processes and collaborations involved in incorporating equality and diversity policies into trade union agendas. It considers theoretical issues of equality and diversity, the role of EU legislation, multiple discrimination and exclusion and disadvantage in the labour market in relation to the role of trade unions, and addresses central questions about the actions and challenges faced by trade unions in promoting equality in the workplace and in implementing anti-discrimination policies at local, national and European levels. With research spanning 34 European countries and extending to over 250 interviews and 15 case studies, Workplace Equality in Europe examines the impact of a period of economic crisis on workplace diversity, exploring forms of inter-union cooperation at European and international levels and shedding fresh light on the processes that lead some trade unions to adopt equality policies while others remain reluctant to develop or expand policies in this area. A detailed European study of trade union activity and workplace diversity, this book will be of interest to scholars of the sociology of work and organisations, labour relations and workplace diversity.

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.

In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

"Employment Law, 2nd edition "examines the relevant statutes, judicial decisions, executive orders, and administrative policies that shape the respective rights of managers and workers at the workplace. It goes well beyond simply stating what is legal and what is illegal, assuming that the student or professional needs to understand the principles underlying the law so that he or she can evaluate an organization's decisions against those principles.
A practical but rigorous guide to US employment law, thoroughly updated for this second edition
Includes wide use of case material and administrative regulation, including new cases illustrating the continued application of disparate treatment and disparate impact analysis, and more current examples of grooming
Each chapter covers historical, social and economic factors giving rise to government intervention in employment relationship; evaluates relevant law policy; discusses of basic legal principles; and considers how law affects HR management
Includes new material on gender and leave issues in employment; EEO classifications; employment of the handicapped; courts and affirmative-action; employer involvement in employee non-work activities; drug testing and the law; and inclusion of recent legal doctrine.
Oriented both to students taking a course in employment law and to human resources professionals who need to deal daily with matters that have legal significance.

Laboring for Justice highlights the experiences of day laborers and advocates in the struggle against wage theft in Denver, Colorado. Drawing on more than seven years of research that earned special recognition for its community engagement, this book analyzes the widespread problem of wage theft and its disproportionate impact on low-wage immigrant workers. Rebecca Galemba focuses on the plight of day laborers in Denver, Colorado-a quintessential purple state that has swung between some of the harshest and more welcoming policies around immigrant and labor rights. With collaborators and community partners, Galemba reveals how labor abuses like wage theft persist, and how advocates, attorneys, and workers struggle to redress and prevent those abuses using proactive policy, legal challenges, and direct action tactics. As more and more industries move away from secure, permanent employment and towards casualized labor practices, this book shines a light on wage theft as symptomatic of larger, systemic issues throughout the U.S. economy, and illustrates how workers can deploy effective strategies to endure and improve their position in the world amidst precarity through everyday forms of convivencia and resistance. Applying a public anthropology approach that integrates the experiences of community partners, students, policy makers, and activists in the production of research, this book uses the pressing issue of wage theft to offer a methodologically rigorous, community-engaged, and pedagogically innovative approach to the study of immigration, labor, inequality, and social justice.

The best pedagogic law textbooks now have even more features to make learning the law easier, from chapter summaries to sample essay plans The modern colour design and number of diagrams enhances the visual appeal of the books and improves readability Numerous citations, quotations and extracts mean that students will be exposed to primary sources of legal language Cases and judgments are highlighted making them easy to find for cross-reference and revision Concepts and terms are explained clearly allowing for accessibility and understanding www.unlockingthelaw.co.uk provides free interactive mcqs and key exam questions with guidance on how to answer, as well as updates to the law

Exploring a new agenda to improve outcomes for American workers.As the United States continues to struggle with the impact of the devastating COVID-19 recession, policymakers have an opportunity to redress the competition problems in our labor markets. Making the right policy choices, however, requires a deep understanding of long-term, multidimensional problems. That will be solved only by looking to the failures and unrealized opportunities in anti-trust and labor law. For decades, competition in the U.S. labor market has declined, with the result that American workers have experienced slow wage growth and diminishing job quality. While sluggish productivity growth, rising globalization, and d union representation are traditionally cited as factors for this historic imbalance in economic power, weak competition in the labor market is increasingly being recognized as a factor as well. This book by noted experts frames the legal and economic consequences of this imbalance and presents a series of urgently needed reforms of both labor and anti-trust laws to improve outcomes for American workers. These include higher wages, safer workplaces, increased ability to report labor violations, greater mobility, more opportunities for workers to build power, and overall better labor protections. Labor Market Competition will interest anyone who cares about building a progressive economic agenda or who has a marked interest in labor policy. It also will appeal to anyone hoping to influence or anticipate the much-needed progressive agenda for the United States. The book's unusual scope provides prescriptions that, as Nobel Laureate Joseph Stiglitz notes in the introduction, map a path for rebalancing power, not just in our economy but in our democracy.

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.

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it - at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.

All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.

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.

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.

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.

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.

A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the abandonment of antitrust law, which has allowed corporations to combine into a smaller number of massive conglomerates whose market dominance robs workers of their bargaining power. The consequences of the massive consolidation wave in corporate America that began decades ago are now increasingly apparent: labor markets are no longer competitive. Since the 1970s, Americans have seen income and wealth inequality skyrocket-and job opportunities stagnate. There are many theories of why this happened, including the decline of organized labor and the introduction of tax policies that favored the rich. However, another crucial event was the precipitous decline in antitrust enforcement that began in earnest during the Reagan administration. With ever-increasing combination and consolidation, workers had fewer options to turn to. In How Antitrust Law Failed Workers, Eric Posner documents the role of antitrust in our economy and why it failed. Only through reforming antitrust law can we shield workers from employers' overwhelming market power. As Posner explains, antitrust laws were created to protect the labor market by attacking monopolies, like Facebook and Google today, that are able to either charge high prices or degrade the quality of their services because customers cannot switch to competitors. Antitrust laws are also used to attack business cartels that can fix prices. In recent years, it has become clear that firms with market power not only charge higher prices; they also suppress wages and output. Many employers use anticompetitive devices-like covenants not to compete for workers and no-poaching agreements-to advance their market power at the expense of workers. Posner shares stories that illustrate how the problem is playing out on the ground, and then contextualizes what is going on via a concise history of the American economy and labor relations since the 1980s. Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economy-one that is increasingly uncompetitive and tilted against workers.

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.

The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge - empirical and theoretical - of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court's switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court's list of priorities.

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.