Contributing to the debate on work performance evaluation in a time of technological transformation, this book explores the impact of digitisation on production and organisation models, as well as on the rights and interests of the stakeholders involved. As organisations down-size, merge with other companies and become decentralised, the boundaries in employer-employee-customer relationships are blurred and new models for the organisation and assessment of work performance have emerged. With these new models, innovative regulatory approaches are sorely needed. Taking an interdisciplinary approach and drawing on theoretical concepts from organisation studies, human resource management, sociology and labour economics, this all-encompassing collection is not only essential reading for academics and students, but also for policy-makers and employers who are looking for innovative and practical solutions to the challenges of modern employment relations.

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 2017. It is a must have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on current issues raised by international sports arbitration, and commentaries by esteemed academics and experienced practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. 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.

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.

"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.

In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.

The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.

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.

The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.

This new edition of the successful handbook Employment Rights is fully updated and revised to include new material on all recent employment law. Employment Rights is a well-established text and reference point on all aspects of labour law - in particular those outside the legal profession. Coverage is comprehensive and includes recruitment and selection; contracts (and changes to them); wages; discrimination; unfair dismissal and redundancy; health and safety; trade union rights; and work-related benefits. This new edition has been expanded to include coverage of developments such as the Employment Act 2002, Tax Credits Act 2002, EC Employment, Social Policy, the European Convention of Human Rights; and reform of the Disability Discrimination Act 1995 and the Industrial Tribunals Act 1996.

In recent decades, as women entered the US workforce in increasing numbers, they faced the conundrum of how to maintain breastfeeding and hold down full-time jobs. In 2010, the Lactation at Work Law (an amendment to the US Fair Labor Standards Act) mandated accommodations for lactating women. This book examines the federal law and its state-level equivalent in Indiana, drawing on two waves of interviews with human resource personnel, supervising managers, and lactating workers. In many ways, this simple law - requiring break time and privacy for pumping - is a success story. Through advocacy by allies, education of managers, and employee initiative, many organizations created compliant accommodations. This book shows legal scholars how a successful civil rights law creates effective change; helps labor activists and management personnel understand how to approach new accommodations; and enables workers to understand the possibilities for amelioration of workplace problems through internal negotiations and legal reforms.

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.

The current literature regarding employment among persons with disabilities produces research results dependent on definitions of work disability, the discipline within which research takes places, the model or paradigm of disability in which the research is framed, the methodology and measures used and the cultural context in which employment occurs. This volume seeks to address those factors which have made describing, predicting and examining the work experience of a person with a disability both different and difficult. Contributors examine less frequently anaylzed aspects of employment for persons with disabilities, and offer a variety of approaches to the conceptualization of work, how they differ across cultures, organizations, and types of disability. Topics covered include examination of range of contextual framing of employment for those with disabilities, well-being, the impact of gender, poverty and education and the collection concludes by examining the future of employment developments and trends and the impacts on inclusion of people with disabilities in the paid workforce.

In the UK the received wisdom has tended to be that,historically, British labour law was abstentionist or non-interventionist, best epitomised by the words of Lord Wedderburn who has written that '...collective bargaining has developed in a system which depends very little on the law, which is covered by very few decisions of the judges, and which is controlled by statute very little, if at all.'. It is not until we reach the Industrial Relations Act 1971 that we discover the first attempt in peacetime to move to a legally regulated system. However, the accuracy of this non-interventionist depiction appears to very much depend on the period which is examined, which is why an historical perspective is needed in order to understand the significance of the current shape and scope of British labour law. The aim of this work is to re-examine the received interpretation by looking at both the role given to law, and that anticipated and argued for it, during the most formative period of its development, the period between 1867 and 1945. The book also revisits the debate about war-time legislation which has tended to be viewed as standing apart from mainstream labour law but which the author demonstrates to have important linkages to the past and present.

The world was shocked in April 2013 when more than 1100 garment workers lost their lives in the collapse of the Rana Plaza factory complex in Dhaka. It was the worst industrial tragedy in the two-hundred-year history of mass apparel manufacture. This so-called accident was, in fact, just waiting to happen, and not merely because of the corruption and exploitation of workers so common in the garment industry. In Achieving Workers' Rights in the Global Economy, Richard P. Appelbaum and Nelson Lichtenstein argue that such tragic events, as well as the low wages, poor working conditions, and voicelessness endemic to the vast majority of workers who labor in the export industries of the global South arise from the very nature of world trade and production. Given their enormous power to squeeze prices and wages, northern brands and retailers today occupy the commanding heights of global capitalism. Retail-dominated supply chains-such as those with Walmart, Apple, and Nike at their heads-generate at least half of all world trade and include hundreds of millions of workers at thousands of contract manufacturers from Shenzhen and Shanghai to Sao Paulo and San Pedro Sula. This book offers an incisive analysis of this pernicious system along with essays that outline a set of practical guides to its radical reform.

Stitching the 24-Hour City reveals the intense speed of garment production and everyday life in Dongdaemun, a lively market in Seoul, South Korea. Once the site of uprisings against oppressive working conditions in the 1970s and 1980s, Dongdaemun has now become iconic for its creative economy, nightlife, fast-fashion factories, and shopping plazas. Seo Young Park follows the work of people who witnessed and experienced the rapidly changing marketplace from the inside. Through this approach, Park examines the meanings and politics of work in one of the world's most vibrant and dynamic global urban marketplaces. Park brings readers into close contact with the garment designers, workers, and traders who sustain the extraordinary speed of fast-fashion production and circulation, as well as the labor activists who challenge it. Attending to their narratives and practices of work, Park argues that speed, rather than being a singular drive of acceleration, is an entanglement of uneven paces of life, labor, the market, and the city itself. Stitching the 24-Hour City exposes the under-studied experiences with Dongdaemun fast fashion, peeling back layers of temporal politics of labor and urban space to record the human source of the speed that characterizes the never-ending movement of the 24-hour city.

The Palgrave Core Statutes series is designed to meet the needs of today's law students. Compiled by experienced lecturers, each title contains the essential materials needed at LLB level (and, where applicable, on GDL/CPE courses) and is easy to use under exam conditions and in the lecture hall.

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

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

An Equal Place is a monumental study of the role of lawyers in the movement to challenge economic inequality in one of America's most unequal cities: Los Angeles. Breaking with the traditional focus on national civil rights history, the book turns to the stories of contemporary lawyers, on the front lines and behind the scenes, who use law to reshape the meaning of low-wage work in the local economy. Covering a transformative period of L.A. history, from the 1992 riots to the 2008 recession, Scott Cummings presents an unflinching account of five pivotal campaigns in which lawyers ally with local movements to challenge the abuses of garment sweatshops, the criminalization of day labor, the gentrification of downtown retail, the incursion of Wal-Mart groceries, and the misclassification of port truck drivers. Through these campaigns, lawyers and activists define the city as a space for redefining work in vital industries transformed by deindustrialization, outsourcing, and immigration. Organizing arises outside of traditional labor law, powered by community-labor and racial justice groups using levers of local government to ultimately change the nature of labor law itself. Cummings shows that sophisticated legal strategy - engaging yet extending beyond courts, in which lawyers are equal partners in social movements - is an indispensable part of the effort to make L.A. a more equal place. Challenging accounts of lawyers' negative impact on movements, Cummings argues that the L.A. campaigns have achieved meaningful reform, while strengthening the position of workers in local politics, through legal innovation. Dissecting the reasons for failure alongside the conditions for success, this groundbreaking book illuminates the crucial role of lawyers in forging a new model of city-building for the twenty-first century.

The Equality Act 2010 was an extremely significant reform of the UK discrimination law, consolidating the existing mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers, and public authorities. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. This fully revised edition covers all recent developments in the law relating to the Equality Act 2010 and considers the impact of exiting the EU, the transitional period, and the implications for the interaction of the Equality Act and EU law post-Brexit. This title includes new cases and judgements in several key sectors, such as employment rights, education, premises, public sector, enforcement, and positive action. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they provide expert commentary by leading names on the extent, scope, and effects of the legislation, and include a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers' rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.