This indispensable guide provides a succinct overview of federal wage and hour law focusing primarily on the Fair Labor Standards Act. Ideal for professionals, students, or employees who want to become familiar federal wage and hour requirements. This guide covers permissible pay practices that both employers and employees will want to know about. In addition it provides a detailed summary of state wage and hour laws. Topics include: FLSA Coverage - who is covered and who it not; Minimum Wage Requirements - including deductions, cash wages, tips and garnishments; Hours Worked - including timekeeping, nonproductive time, on call time, training time and rest and meal periods; Overtime - The many different ways that overtime can be calculated including coverage of alternative pay plans; Exemptions - White collar, executive, administrative, professional, highly compensated, computer professional and outside sales; Child Labor Provisions - for both agricultural and non-agricultural jobs; Recordkeeping, Enforcement and Penalties.

This book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women's work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.

Since 1926, Congress has enacted three major laws that govern labour-management relations for private sector and federal employees. An issue for Congress is the effect of these laws on employers, workers, and the nation's economy. The Bureau of Labor Statistics estimates that, nationwide, 9.2 million employees are represented by unions. In the 112th Congress alone, more than 30 bills have been introduced to amend federal labour relations statutes. The proposals range from making union recognition without a secret ballot election illegal to further modifying run-off election procedures. This legislative activity, and the significant number of employees affected by federal labour relations laws, illustrate the current relevance of labour relations issues to legislators and their constituents. The three major labour relations statutes in the U.S. are the Railway Labor Act, the National Labor Relations Act, and the Federal Service Labour-Management Relations Statute. Each law governs a distinct population of the U.S. workforce. This book provides a brief history and overview of the aims of each of these statutes and discusses key statutory provisions for each statute.

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

This book explores the Workforce Investment Act, which provides a combination of education and training services to prepare individuals for work and to help them improve their prospects in the labour market. In the broadest sense, workforce development includes secondary and post-secondary education, on-the-job and employer-provided training, and the publicly funded system of job training and employment services. Most workforce development occurs in the workplace during the course of doing business. The federal government provides workforce development activities through WIA's programs and other programs designed to increase the employment and earnings of workers. Workforce development may include activities such as job search assistance, career counselling, occupational skill training, classroom training or on-the-job training.

In Putin's Labor Dilemma, Stephen Crowley investigates how the fear of labor protest has inhibited substantial economic transformation in Russia. Putin boasts he has the backing of workers in the country's industrial heartland, but as economic growth slows in Russia, reviving the economy will require restructuring the country's industrial landscape. At the same time, doing so threatens to generate protest and instability from a key regime constituency. However, continuing to prop up Russia's Soviet-era workplaces, writes Crowley, could lead to declining wages and economic stagnation, threatening protest and instability. Crowley explores the dynamics of a Russian labor market that generally avoids mass unemployment, the potentially explosive role of Russia's monotowns, conflicts generated by massive downsizing in "Russia's Detroit" (Tol'yatti), and the rapid politicization of the truck drivers movement. Labor protests currently show little sign of threatening Putin's hold on power, but the manner in which they are being conducted point to substantial chronic problems that will be difficult to resolve. Putin's Labor Dilemma demonstrates that the Russian economy must either find new sources of economic growth or face stagnation. Either scenario-market reforms or economic stagnation-raises the possibility, even probability, of destabilizing social unrest.

Employment Law in Scotland brings together in a single comprehensive guide all the areas of employment and labour law relevant to the parties involved in the employment relationship in Scotland. Each area of employment is considered in depth and includes references to relevant primary and secondary research materials in the UK and further afield. The differences between Scottish employment law and the rest of the UK are considered including differences in contract law, including third party rights; holiday entitlements; claims in breach of contract; the Employment Appeals Tribunal process and Civil Court procedure. The third edition of this text has been updated to cover recent significant case law and also to include: - The Scottish Affairs Committee inquiry into zero hours contracts and the increase in 'gig economy' - Coverage of the recent elimination of employment tribunal fees by the UK Supreme Court - Ongoing discussions in the Scottish parliament regarding changes in legislation on sexual harassment in the workplace - The possible implications of Brexit on future European Court of Justice employment law

Women, Business and the Law 2022 is the eighth in a series of annual studies measuring the laws and regulations that affect women's economic opportunity in 190 economies. The project presents eight indicators structured around women's interactions with the law as they move through their careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. Amid a global pandemic that threatens progress toward gender equality, 'Women, Business and the Law 2022' identifies barriers to women's economic participation and encourages reform of discriminatory laws. This year, the study also includes pilot research related to childcare and implementation of the law. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law makes an important contribution to research and policy discussions about the state of women's economic empowerment. The indicators build evidence of the critical relationship between legal gender equality and women's employment and entrepreneurship. Data in 'Women, Business and the Law 2022' are current as of October 1, 2021.

Sex Discrimination in the Workplace is an interdisciplinary volume that examines the various approaches to the study of sex discrimination and explores solutions and interventions. With riveting first-hand accounts from plaintiffs, lawyers and expert witnesses who have mounted battles against discriminatory employers, it is an invaluable resource for anyone seeking to gain a better understanding of precisely what sex discrimination is and what can be done to combat it.
Examines sex discrimination through the eyes of law, economics, sociology, and psychology, providing expert descriptions of the fundamental research related to sex discrimination and their field
Contains first hand accounts of sex discrimination cases, many of which relate to landmark contemporary incidents
Concludes with solutions to the problems of discrimination from individual, organizational, and societal perspectives
Written in clear, engaging prose with contributions from eminent scholars

In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employers refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPSs actions violated the Pregnancy Discrimination Act (PDA). In a highly anticipated ruling, the Justices fashioned a new test for determining when an employers refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the Court sent the case back to the lower court for reconsideration in light of these new standards. This book begins with a discussion of the facts in the Young case, followed by an overview of the PDA. The book then provides an analysis of the Young case, its implications, and a potential legislative response. Furthermore, the book focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.

This book explores how power operates in workplace settings at local, national and transnational levels. It argues that how people are valued in and out of work is a political dynamic, which reflects and shapes how societies treat their citizens. Offering vital resources for activists and students on labour rights, employment issues and trade unions, this book argues that the influence workers can exert is changing dramatically and future challenges for change can be positive and progressive. This book is relevant to United Nations Sustainable Development Goal 8, Decent work and economic growth -- .

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.

This report examines the impacts of COVID-19 on labour markets along with adjustment patterns in Indonesia, Malaysia, the Philippines, Thailand, and Viet Nam. Labour markets in Southeast Asia were particularly hit hard in 2020 when government pandemic containment measures were most severe. COVID-19 exacerbated growing inequalities in the region and exposed large gaps in social protection . This report aims to help policymakers identify priorities, constraints, and opportunities for developing effective labour market strategies for economic recovery and beyond.

Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases. Recognising the multi-faceted nature of the subject, the authors have included content on employment, labour and industrial law in the one text, while also presenting critical topics not often dealt with, namely: * current and in-depth analysis of trade union regulation * public work including the public sector, the judiciary and academics * workplace health and safety including worker's compensation, bullying, anti-discrimination and taxation * emerging issues including topics such as transnational and international employment law, migration and employment, as well as volunteers and work experience. To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, this book is a relevant and contemporary guide to this fascinating area of law.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. As international migration continues to rise, sending states play an integral part in "managing" their diasporas, in some cases even stepping in to protect their citizens' labor and human rights in receiving states. At the same time, meso-level institutions-including labor unions, worker centers, legal aid groups, and other immigrant advocates-are among the most visible actors holding governments of immigrant destinations accountable at the local level. The potential for a functional immigrant worker rights regime, therefore, advocates to imagine a portable, universal system of justice and human rights, while simultaneously leaning on the bureaucratic minutiae of local enforcement. Taking Mexico and the United States as entry points, Scaling Migrant Worker Rights analyzes how an array of organizations put tactical pressure on government bureaucracies to holistically defend migrant rights. The result is a nuanced, multilayered picture of the impediments to and potential realization of migrant worker rights.

Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favours as a condition of employment or job advancement, and other sexually offensive workplace behaviours resulting in a 'hostile environment', have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws. The earlier judicial focus on economic detriment or quid pro quo harassment -- making submission to sexual demands a condition to job benefits -- has largely given way to Title VII claims alleging harassment that creates an 'intimidating, hostile, or offensive environment'. In 1994, Congress broke new legal ground by creating a civil rights cause of action for victims of 'crimes of violence motivated by gender'. The new law also made it a federal offence to travel interstate with the intent to 'injure, harass, or intimidate' a spouse, causing bodily harm to the spouse by a crime of violence. In recent years, the US Supreme Court has addressed a range of issues from the legality of same-sex harassment to the vicarious liability of employers and a local school district for monetary damages as the result of harassment by supervisors and teachers. In Oncale vs Sundowner Offshore Services Inc., the US Supreme Court resolved a conflict among the federal circuit courts by ruling that sex discrimination consisting of same-sex harassment is actionable under Title VII. Faragher vs City of Boca Raton and Burlington Industries vs Ellerth, held employers vicariously liable for sexual harassment of an employee by a supervisor with immediate or successively higher authority of that employee. Where the harassment results in a 'tangible employment action' -- such as demotion or discharge -- against the victim, Title VII liability is automatic and no defence is available to the employer. In cases not involving tangible reprisals or loss of job benefits, however, the failure of a complaining employee to take advantage of any anti-harassment policy and procedures made available by the employer may be asserted as an affirmative defence. Doe vs Lago Vista Independent School District, by contrast, ruled 5 to 4 that Title IX of the Education Amendments of 1972 imposes no liability on local school districts for teacher harassment of students unless a school official with authority to institute corrective measures has actual knowledge of the alleged misconduct and is deliberately indifferent to it. On June 14, 2004 the Supreme Court considered the defences, if any, that may be available to an employer against an employee's claim that she was forced to resign because of 'intolerable' sexual harassment at the hands of a supervisor. In Pennsylvania State Police vs Suders, the plaintiff claimed the tangible adverse action was supervisory harassment so severe that it drove the employee to quit, a constructive discharge in effect. The Court, in an opinion by Justice Ginsburg, only Justice Thomas dissenting, accepted the theory of a constructive discharge as a tangible employment action, but it also set conditions under which the employer could assert an affirmative defense and avoid strict liability under Title VII of the 1964 Civil Rights Act.

Davis-Bacon - The Act & the Literature

In Dying to Work, Jonathan Karmel raises our awareness of unsafe working conditions with accounts of workers who were needlessly injured or killed on the job. Based on heart-wrenching interviews Karmel conducted with injured workers and surviving family members across the country, the stories in this book are introduced in a way that helps place them in a historical and political context and represent a wide survey of the American workplace, including, among others, warehouse workers, grocery store clerks, hotel housekeepers, and river dredgers. Karmel's examples are portraits of the lives and dreams cut short and reports of the workplace incidents that tragically changed the lives of everyone around them. Dying to Work includes incidents from industries and jobs that we do not commonly associate with injuries and fatalities and highlights the risks faced by workers who are hidden in plain view all around us. While exposing the failure of safety laws that leave millions of workers without compensation and employers without any meaningful incentive to protect their workers, Karmel offers the reader some hope in the form of policy suggestions that may make American workers safer and employers more accountable. This is a book for anyone interested in issues of worker health and safety, and it will also serve as the cornerstone for courses in public policy, community health, labor studies, business ethics, regulation and safety, and occupational and environmental health policy.

This book examines the evolution of Australian unemployment law and policy across the past 100 years. It poses the question 'How does unemployment happen?'. But it poses it in a particular way. How do we regulate work relationships, gather statistics, and administer a social welfare system so as to produce something we call 'unemployment'? And how has that changed over time? Attempts to sort workers into discrete categories - the 'employed', the 'unemployed', those 'not in the labour force' - are fraught, and do not always easily correspond with people's working lives. Across the first decades of the twentieth century, trade unionists, statisticians and advocates of social insurance in Australia as well as Britain grappled with the problem of which forms of joblessness should be classified as 'unemployment' and which should not. This book traces those debates. It also chronicles the emergence and consolidation of a specific idea of unemployment in Australia after the Second World War. It then charts the eventual unravelling of that idea, and relates that unravelling to the changing ways of ordering employment relationships. In doing so, Inventing Unemployment challenges the preconception that casual work, self-employment, and the 'gig economy' are recent phenomena. Those forms of work confounded earlier attempts to define 'unemployment' and are again unsettling our contemporary understandings of joblessness. This thought-provoking book shows that the category of 'unemployment', rather than being a taken-for-granted economic variable, has its own history, and that history is intimately related to our changing understandings of 'employment'.

Migration is presently a topic that arouses universal interest. Why people choose to migrate is a question that sparks great discussion. Both economic and non-economic factors contribute to this monumental decision. This book, written by experts in the field, focuses on the issue of impact of the expected labour market security on migration decision-making. The idea of push factors such as low levels of security in the state of origin and pull factors such as the expectations of financial security are explored in depth. Another layer of analysis is added as the authors explore how the expected labour market security level may be achieved in various ways. Some migrants may choose a state with a model characterised by extensive legislation related to labour market security, while others will be more willing to choose countries with greater flexibility, where it is as easy to lose a job as to find one and have greater employment security. By providing the most recent research on the impact of labour market security on migration-related decisions, this important text will help not only answer the question of why people decide to migrate, but also uncover the decision-making process in choosing a specific receiving state. By using case studies from around Europe, this book will prove invaluable for researchers, leaders and policy makers in the field of politics and migration studies.

Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.

There seems to be fewer policy issues in Washington and around America which cause more arguments than affirmative action. Both sides in this debate are deeply entrenched and show little, if any, signs of movement. Is it a catalyst or an albatross? In this book, the author has gathered articles concerning the historical background of the legislation and its implementation, analyses of its effects and proposals for revision of various provisions of the law. He has tried to concentrate on issues of employment although two articles cover sexual harassment and one deals with American's with disabilities. The heart of the affirmative action policy is, after all, an attempt toward fairness. One of the pillars which supports America's claim toward greatness is the idea that all of its citizens should have a fair chance. Action is surely required to realise this dream, but which action? It is the author's intention that the papers in this volume will present a useful review of this crucial issue.

The history of child labour in America is long and, in some cases, unsavoury. It dates back to the founding of the United States. Traditionally, most children, except for the privileged few, had always worked -- either for their parents or for an outside employer. Through the years, however, child labour practices have changed. So have the benefits and risks associated with employment of children. In some respects, altered workplace technology has served to make work easier and less hazardous. At the same time, some processes and equipment have rendered the workplace more dangerous, especially for children and youth. This book examines the current state of enforcement of America's federal child labour laws by the Department of Labour. This historical issue of child labour in America is also briefly reviewed. In addition, recommendations are made about reforms to strengthen protections for working children from hazardous working conditions. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.