Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal - to enable families to better balance care-giving and paid employment - has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches. This book critiques how working families in the UK have been subject to regulation. It has two aims: * To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate. * To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.

Prevailing wage laws affecting the construction industry in the United States exist at the Federal and State levels. These laws require that construction workers employed by contractors on government works be paid at least the wage rates and fringe benefits 'prevailing' for similar work where government contract work is performed. The federal law (Davis-Bacon Act) was passed in 1931. By 1969 four fifth of States had enacted prevailing wage legislation. In the 1970s, facing fiscal crises, States considered repealing their laws in an effort to reduce construction costs, and since 1979 nine States have repealed their laws. These repeals at State level along with unsuccessful attempts to repeal the Davis-Bacon Act have pushed prevailing wages to the forefront of public policy and controversy. This book, for the first time, brings together scholarly research in the economics of prevailing wages placed in historical and institutional context.

Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.

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.

Succinct in its treatment of the fundamentals, and interwoven with contextual explanation and analytical consideration of the key debates, Honeyball & Bowers' Textbook on Employment Law continues to provide readers with an accessible account of the subject. Including chapter introductions and new end-of-chapter summaries, students of employment law are guided through the intricacies, while further reading suggestions assist with independent research and essay preparation. The critical elements of individual and collective employment law are considered along with treatment of the relationship between UK and EU law, to give readers a wider view of the issues.

"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.

The Oxford Handbook of American Sports Law takes the reader through the most important controversies and critical developments in law and U.S. sports. Over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. The Handbook is the first book to gather dozens of perspectives on sports law controversies in the United States, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans. The Oxford Handbook of American Sports Law incorporates analysis of key historical events in sports law-such as the rise of free agency in professional sports and the concept of "amateurism" for college athletes-and their broader context. Contemporary legal controversies in U.S. sports and their accompanying questions are also of central importance: In a sensible legal system, how would long-term neurological injuries from contact sports be addressed? How would the use of racially insensitive team names be resolved? How would a seemingly trivial dispute over air pressure in footballs be studied from the competing perspectives of players, teams, and leagues? The Oxford Handbook of American Sports Law weighs not just the facts, but how courts and lawmakers ought to consider the most important questions at stake. The essays in this volume also canvass the types of legal controversies in sports likely to surface in the future. This is particularly true of law and technology matters, including those related to broadcasting and streaming. Legal doctrine has been and will continue to be forced to adapt to these developments, and the Handbook both forecasts coming debates and outlines where the law may be headed.

How we can understand race, crime, and punishment in the age of Black Lives Matter When The Color of Crime was first published in 1998, it was heralded as a path-breaking book on race and crime. Now, in its third edition, Katheryn Russell-Brown's book is more relevant than ever, as police killings of unarmed Black civilians-such as George Floyd, Breonna Taylor, and Daniel Prude-continue to make headlines around the world. She continues to ask, why do Black and white Americans perceive police actions so differently? Is white fear of Black crime justified? With three new chapters, over forty new racial hoax cases, and other timely updates, this edition offers an even more expansive view of crime and punishment in the twenty-first century. Russell-Brown gives us much-needed insight into some of the most recent racial hoaxes, such as the one perpetrated by Amy Cooper. Should perpetrators of racial hoaxes be charged with a felony? Further, Russell-Brown makes a compelling case for race and crime literacy and the need to address and name White crime. Russell-Brown powerfully concludes the book with a parable that invites readers to imagine what would happen if Blacks decided to abandon the United States. Russell-Brown explores the tacit and subtle ways that crime is systematically linked to people of color. The Color of Crime is a lucid and forceful volume that calls for continued vigilance on the part of scholars, policymakers, journalists, and others in the age of Black Lives Matter.

Whilst equal pay, maternity rights and sex discrimination, including sexual harassment, have received attention from feminist scholars, there is an increasing awareness that it is the whole of the working environment that must be examined if real progress is to be made.

The Uber-ization of the classroom and what it means for faculty. One of the most significant trends in American higher education over the last decade has been the shift in faculty employment from tenured to contingent. Now upwards of 75% of faculty jobs are non-tenure track; two decades ago that figure was 25%. One of the results of this shift-along with the related degradation of pay, benefits, and working conditions-has been a new push to unionize adjunct professors, spawning a national labor movement. Professors in the Gig Economy is the first book to address the causes, processes, and outcomes of these efforts. Kim Tolley brings together scholars of education, labor history, economics, religious studies, and law, all of whom have been involved with unionization at public and private colleges and universities. Their essays and case studies address the following questions: Why have colleges and universities come to rely so heavily on contingent faculty? How have federal and state laws influenced efforts to unionize? What happens after unionization-how has collective bargaining affected institutional policies, shared governance, and relations between part-time and full-time faculty? And finally, how have unionization efforts shaped the teaching and learning that happens on campus? Bringing substantial research and historical context to bear on the cost and benefit questions of contingent labor on campus, Professors in the Gig Economy will resonate with general readers, scholars, students, higher education professionals, and faculty interested in unionization. Contributors: A. J. Angulo, Timothy Reese Cain, Elizabeth K. Davenport, Marianne Delaporte, Tom DePaola, Kristen Edwards, Luke Elliott-Negri, Kim Geron, Lorenzo Giachetti, Shawn Gilmore, Adrianna Kezar, Joseph A. McCartin, Gretchen M. Reevy, Gregory M. Saltzman, Kim Tolley, Nicholas M. Wertsch

Volume 17 of Research in Occupational Stress and Well Being is focused on the stress and well-being related to the marketing discipline. This volume is focused on the connections between employee stress, health, and well-being as it relates to marketing, sales, and customers. We have 7 chapters devoted to critical topics such as internal selling, stress at the consumer-employee interface, how leaders can affect the customer experience, and the unique stressors associated with being a persuasion agent. Further, we have two comprehensive empirical reviews of topics in this domain. The first examines the degree to which positive psychology constructs relate to sales performance. The second examines customer mistreatment towards employees and how it impacts their well-being. The final chapter takes a more practitioner perspective and examines the importance of taking into account stress tolerance when selecting and training sales personnel. The objective of this series is to promote theory and research in the increasingly growing area of occupational stress, health and well-being, and in the process, to bring together and showcase the work of the best researchers and theorists who contribute to this area. Questions of work stress and well-being span many disciplines and many specialized journals. One of the virtues of this series has been to provide a multidisciplinary and international platform that gives a thorough and critical assessment of knowledge, and major gaps in knowledge, on occupational stress and well-being.

There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.

"One of my proudest moments as President occurred on July 26, 1990--the day I signed the Americans with Disabilities Act into law. With its passage, a shameful wall of exclusion came tumbling down. This landmark legislation was the culmination of the dedicated efforts of so many, and I salute the bipartisan leadership of the Congress--as well as the countless advocates from all parts of society who contributed to our success. It was a team effort. With the ADA, our country took a dramatic step toward eliminating the physical barriers that existed and the social barriers that were accepted. Much work lies ahead, but I am confident that we will finish the wonderful work already begun. After all, it's the right thing to do." --Former President George BushIn 1990, despite resistance from the business sector and state and local governments, disability groups and activists, together with responsive government leaders, succeeded in passing the most significant civil rights bill in decades. A Look Back: The Birth of the Americans with Disabilities Act takes you to the unique moment in American history when persons of many different backgrounds and with different disabilities united to press Congress for full recognition and protection of their rights as American citizens. The ADA recalls the promise of earlier civil rights legislation and advocacy. A Look Back will remind you that people are people before they are disabled and that they deserve to be acknowledged as individuals, rather than stereotyped on the basis of their physical conditions. You ll witness this firsthand through the inspirational example the Reverend Harold Wilke has set through his own personal struggles, triumphs, and ministry. A witness to the signing of the ADA on the lawn of the White House, he played a key role as a vocal activist in the transformation of self-image for persons with disabilities and in the fight for this bill.In this book, you will see the progress that has been made since the ADA was passed and that, despite the headway made for empowering persons with disabilities, there is much to be done before all individuals are aware of their rights, responsibilities, and protection under the ADA. A Look Back contends that through public education, pastoral care, and open, sensitive congregations, bridges can be built between religion, secular society, and persons with disabilities. This will result in persons with disabilities becoming full participants in daily American life.

The numbers of women undergoing Assisted Reproduction Technology (ART) treatments have risen steadily, yet they remain largely outside the scope of equality and employment law protection while undergoing treatment. Assisted Reproduction, Discrimination, and the Law examines this gap in UK law, with reference to EU law as appropriate, and argues that new conceptions of equality are necessary. Drawing from the literature on multidimensional and intersectional discrimination, it is argued that an intersectionality approach offers a more useful analytical framework to extend protection to those engaged in ART treatments. Drawing from Schiek's intersectional nodes model, the book critically examines two alternative interpretations of existing protected characteristics, namely infertility as a disability, with reference to the social model of disability and the UN Convention on the Rights of Persons with Disabilities 2006, and redefining the boundaries of pregnancy and/or sex discrimination, with reference to attempts to extend associative discrimination to pregnancy. Comparisons are drawn with the US, where infertility has been recognised as a disability under the American's with Disabilities Act 1990 and as a pregnancy-related condition under the Pregnancy Discrimination Act 1978. A specific right to paid time off work to undergo treatment is also proposed, drawing comparisons with the US Family and Medical Leave Act 1993 and the existing UK work-family rights framework. It is argued that the reinterpretations of equality law and the rights proposed here are not only conceptually possible, but could practically be achieved with minor, but significant, amendments to existing legislation.

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer

Longlisted for the PEN/John Kenneth Galbraith Award for Nonfiction Matthew Horace was an officer at the federal, state, and local level for 28 years working in every state in the country. Yet it was after seven years of service when Horace found himself face-down on the ground with a gun pointed at his head by a white fellow officer, that he fully understood the racism seething within America's police departments. Using gut-wrenching reportage, on-the-ground research, and personal accounts garnered by interviews with police and government officials around the country, Horace presents an insider's examination of police tactics, which he concludes is an "archaic system" built on "toxic brotherhood." Horace dissects some of the nation's most highly publicized police shootings and communities highlighted in the Black Lives Matter movement and beyond to explain how these systems and tactics have had detrimental outcomes to the people they serve. Horace provides fresh analysis on communities experiencing the high killing and imprisonment rates due to racist policing such as Ferguson, New Orleans, Baltimore, and Chicago from a law enforcement point of view and uncovers what has sown the seeds of violence. Timely and provocative, The Black and The Blue sheds light on what truly goes on behind the blue line.

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

South Africa's pioneer and foremost thinker and voice on Black Economic Advancement, Phinda Mzwakhe Madi, is back with a bang. His first book, Affirmative Action in Corporate South Africa, triggered the first wave of Affirmative Action programmes in the country. His follow up book, Black Economic Empowerment in the New South Africa, led to the formation of the BEE Commission and eventually the creation of the country's policy and codes of good practice. Now his third book in the trilogy, BEE 20 years later - The Baby and the Bathwater, evaluates progress so far and startles with its fresh perspective on the way forward.

Twenty years after the introduction of BEE, Madi’s view is that the time for follow-up and reflection has come. Clear trends and lessons can now be discerned and learned from. He contends that there is an unfortunate narrative that is gaining currency in South Africa generally and the corporate world in particular, as well as numerous sections of civil society, that BEE has been nothing but a smoke and mirrors initiative towards oligarchy, hence his chosen title: BEE 20 years later - The Baby and The Bathwater.

He believes that, having been the first black author to have written on this subject, he has a unique view of the evolution of the process. As a black entrepreneur himself and a director of various top listed companies with a total combined turnover of more than R90bn, he not only has a conceptual and academic understanding of the subject matter, but also has an insider’s view and experience.

As the title suggests, there is now a tendency to want to ‘throw the baby out with the bathwater’. His book argues that we need to make a very clear distinction between the bouncing baby and the (at times) dirty bathwater. The book analyses both the bouncing baby and the unfortunate dirt and grime that covers the bathwater. It makes a very frank, clinical and yet balanced argument on how this distinction needs to be made, as well as why and how we should all ensure that the baby both survives and thrives going forward, whilst getting rid of the ugly side of BEE - the dirty bathwater. But more importantly, he examines how to restore the credibility of this process so that it truly and genuinely moves away from just being seen as the enrichment of the few and lives true to its promise: the economic empowerment of the many.

Featuring conversations with prominent Entrepreneurs, Business People and Thought Leaders: Herman Mashaba; Peter Vundla; Richard Maponya; Gaby Magomola; Thami Mazwai; Leon Louw; Joe Hlongwane; Vusi Thembekwayo; Sandile Zungu; Koko Khumalo; Mandla Malinga; Themba Dlamini; Lawrence Mavundla; Khanyi Kweyama.

Der Kommentar bietet eine wissenschaftlich fundierte Anleitung fur alle Rechtsanwalte und Unternehmensjuristen, Aufsichtsratsmitglieder, Unternehmensleiter, Wahlvorstande, Gewerkschaftsvertreter, Anteilseigner und Arbeitnehmer. UEbersichtlichkeit, praxisnahe Argumentation und eine verstandliche Sprache zeichnen das Werk aus. Ziel der Autoren ist es, die schwierige Dialektik des Mitbestimmungsgesetzes zwischen Paritat der Gruppen im Aufsichtsrat und UEbergewicht der Anteilseignerseite auszuleuchten und auf ein gesichertes rechtliches Fundament zu stellen. Die Neuauflage bringt das Werk auf den aktuellen Stand von Rechtsprechung, Literatur und Gesetzgebung.