What role has litigation played in the struggle for equal pay between women and men? In "Rights at Work," Michael W. McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades.
"Rights at Work" explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse2;the understanding of legal rights and their constraints2;for defining and advancing their cause.
"Rights at Work" offers new insight into the relation between law and social change2;the ways in which grass roots social movements work within legal rights traditions to promote progressive reform.

This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU's multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or 'gig' economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

Packed with a wealth of case law and legislation, this book will enable you to fully understand the intricacies of this fast-changing subject with ease. With features such as chapter summaries and further reading suggestions, Employment Law is well-suited to support you in your studies. The ninth edition has been fully updated to include coverage of the latest legislative and case law developments, including: issues around shared parental leave; the national living wage; legal developments in the area of non-standard work. Offering comprehensive coverage of all the key aspects of individual and collective employment law in a clear and accessible way, Employment Law is ideal for both LLB and HRM students.

This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

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

This book develops an understanding of workplace justice and labour rights in Vietnam from factory workers' voices and their resistance against abuse and exploitation. Through interviews with workers and a close analysis of their letters and petitions to the unions and state authorities, Nguyen illuminates how workers' resistance is enabled and stifled by the legal and political systems that are supposed to protect their rights and benefits. Their calls for justice reflect socialist ideology and widely held norms within society, as well as ideals and values embedded in labour law. The book demonstrates how state law brings about social change through shaping workers' expectations and increasing consciousness of rights and justice. This book will be of interest to scholars of law, politics and society, and scholars, students and practitioners interested in labour rights in developing countries.

Written with both students and career fire service professionals in mind, Fire and Emergency Services Safety and Survival incorporates the FESHE guidelines and outcomes for the Principles of Fire and Emergency Services Safety and Survival course Modern solutions, procedures, and recommendations that put safety first The Fire service has long been considered a profession plagued with a history of unavoidable tragedy. As the number of line-of-duty deaths and injuries continues to be staggering year after year, Fire and Emergency Services Safety and Survival exposes the false mentality of "doing whatever it takes" and provides solutions for both the individual and fire department. Built around the 16 Life Safety Initiatives developed by the National Fallen Firefighters Foundation, each chapter is written by a contributor with extensive expertise on the topic, incorporates FESHE and NFPA references guidelines, and helps readers understand how to execute procedures and recommendations for putting safety first. Filled with modern solutions, attainable goals, and real-life examples, the text asks each reader to challenge the existing attitudes toward safety and commit to making a change.

In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.

The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.

This disquieting yet important book describes the injustices, humiliations, and brutalities inflicted on African Americans in a racist culture that was created-and protected-by the forces of law and order. Jim Crow Laws presents the history of the discriminatory laws that segregated people by race in the American South from the end of the Civil War through passage of the 1965 Civil Rights Act. To paint a true picture of these deplorable restrictions, this book provides a detailed analysis of the creation, defense, justification, and fight against the Jim Crow system. Among the subjects covered here are the origins of legal inequality for African Americans in the aftermath of the Civil War; the role of the U.S. Supreme Court in weakening constitutional protections against discrimination established in the 13th, 14th, and 15th Amendments; the white justification of segregation; and the extreme brutality of Jim Crow's defenders. Equally important, readers will learn about the psychological, political, social, and economic costs endured by the victims of Jim Crow inequality, as well as about the motivations, rejections, and successes faced by those who stood against these abominations. Primary source documents, including Supreme Court decisions and W.E.B DuBois's 1947 "Statement on the Denial of Human Rights to Minorities in the Case of Citizens of Negro Descent in the United States of America and an Appeal to the United Nations for Redress" A chronology of events concerning the legalization of discrimination in the era of Jim Crow, 1865-1965 A glossary of key terms related to Jim Crow laws, court decisions, and culture An annotated bibliography of significant books from history, sociology, psychology, and political science relating to Jim Crow

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

This book argues that we need to focus attention on the ways that workers themselves have invested subjectively in what it means to be a worker. By doing so, we gain an explanation that moves us beyond the economic decisions made by actors, the institutional constraints faced by trade unions, or the power of the state to interpellate subjects. These more common explanations make workers and their politics visible only as a symptom of external conditions, a response to deregulated markets or a product of state recognition. Instead - through a history of retailing as a site of nation and belonging, changing legal regimes, and articulations of race, class and gender in the constitution of political subjects from the 1930s to present-day Wal-Mart - this book presents the experiences and subjectivities of workers themselves to show that the collective political subject 'workers' (abasebenzi) is both a durable and malleable political category. From white to black women's labour, the forms of precariousness have changed within retailing in South Africa. Workers' struggles in different times have in turn resolved some dilemmas and by other turn generated new categories and conditions of precariousness, all the while explaining enduring attachments to labour politics.

Workers' compensation was arguably the first widespread social insurance program in the United States--before social security, Medicare, or unemployment insurance--and the most successful form of labor legislation to emerge from the early progressive movement.
In "A Prelude to the Welfare State," Price V. Fishback and Shawn Everett Kantor challenge widespread historical perceptions by arguing that workers' compensation, rather than being an early progressive victory, succeeded because "all" relevant parties--labor and management, insurance companies, lawyers, and legislators--benefited from the ruling. Rigorous and convincing, "A Prelude to the Welfare State "is a major reappraisal of the causes and consequences of a movement that ultimately transformed the nature of social insurance and the American workplace.
"Substantial, well-written, and compelling. . . . The end result is an in-depth analysis of how workers' compensation was created and initially implemented in the United States at the beginning of the twentieth century"--Christopher R. Larrison, "Journal of Sociology and Social Welfare
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This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

This Handbook examines the essential nature of the law within an educational context and asks why there is not greater preparation for this aspect of a teacher's role. Principals and teachers across the world now work in increasingly uncertain and challenging environments involving complex legislative frameworks, with their roles and responsibilities constantly changing to meet these demands: thus, it is imperative that educators adapt and acquire new skills relating to child protection and criminal law. On a daily basis, teachers and practitioners are being challenged to critically examine and evaluate the legal rights and obligations of various stakeholders, including students, parents, educators and administrators. However, if these skills are not developed, the implications will be significant: particularly so if principals are deterred from pursuing innovative education strategies due to potential litigation risks. Consequently, the chapters will empower principals and teachers in the management of these concerns. This wide-ranging handbook, including case studies from around the world, will be of interest and value to both scholars of education law and practitioners.

Unfair Discrimination in the Workplace cogently explains the meaning of unfair discrimination and the law on harassment and medical, HIV and psychological testing. The book analyses employer liability for employee discrimination, dispute resolution, prevention of unfair discrimination, the legal defences to a claim of unfair discrimination, and gives examples of dispute resolution procedures. Chapters set out the labour law, constitutional law and international codes for each topic covered in the book. The reader is provided with extracts from case law, conventions and codes of good practice grouped with each type of unfair discrimination. Unfair Discrimination in the Workplace also contains relevant case studies which illustrate commonly encountered discrimination problems and their practical solutions. The amendments to the EEA are taken into account. An extract from the February 2014 draft regulations to the EEA is provided as an Appendix to the book.

This collection presents an array of policy debates and implications emerging from virtual work. The authors cover a range of areas, including: conceptual debates, measuring virtual work; discourses and levels of policy intervention; the role of the sharing and collaborative economy; and resultant challenges for organized labour, law and regulation. The authors of the chapters analyse the ways in which processes of digitalization leading to virtual work impact so many aspects of our lives: the way we buy, sell, network, communicate, participate, create, consume, and, of course, the way we work. In turn they focus on the subsequent implications for the future of work as well as the viability of existing social protection systems. The developments examined here are salient for both policy stakeholders and for the academic community in areas such as labour sociology, industrial relations, gender studies, political economy, and economic geography.

This book explores rising labor unrest in China as it integrates into the global political economy. The book highlights the tensions present between China's efforts to internationalize and accept claims to respect freedom of association rights, and its continuing insistence on a restrictive, and often punitive, approach to worker organizations. The author examines how the global labor movement can support the improvement of working conditions in Chinese factories. The book presents a novel multi-level approach capturing how trade unions and labor rights NGOs have mobilized along different pathways while attempting to influence labor standards in Chinese supply chains since 1989: within the ILO, within the European Union, leveraging global brands or directly supporting domestic labor rights NGOs. Based on extensive fieldwork in Europe, the US and China, the book shows that activists, by operating at multiple scales, were on some occasions able to support improvements over time. It also indicates how a politically and economically strong state such as China can affect transnational labor activism, by directly and indirectly undermining the opportunities that organized civil societies have to participate in the evolving global labor governance architecture.

Very Short Introductions: Brilliant, Sharp, Inspiring In today's society, work takes up a vast proportion of the time and energy of ordinary people. Although use of the phrase 'work-life balance' is now commonplace in the media and ordinary conversation, people work longer hours than ever before. However, rather than purely a means to an end in terms of supporting oneself financially, the workplace is a place to develop skills and talents and build lasting friendships. For these reasons, people want to know about their rights in the workplace. Issues of equal pay, discrimination, discharge/dismissal, and redundancy are prevalent within the media, and there is a growing public appetite for knowledge of the law governing the employment relationship. This Very Short Introduction provides an overview of the main kinds of employment rights and labour laws found in many countries. It unpicks and evaluates some of the assumptions underpinning contemporary attitudes to such rights and laws in order to measure whether they are warranted. Throughout it also considers the economic, political, sociological, and social justifications for employment rights and laws. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

A concise legal desk reference to help educators support the rights of individuals with disabilities!This resource provides an expert review of the requirements of Section 504 of the Rehabilitation Act and the Americans With Disabilities Act (ADA) and their impact on educational opportunities and access for persons with disabilities. Ideal for administrators, counselors, teachers, and special educators, the book covers: Provisions of Section 504 and the ADA regarding students who participate in educational programs and services Requirements affecting students in public Ku12 schools, private schools, and post-secondary institutionsThe rights of employees with disabilitiesLegal considerations involving parents

Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Childrens new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running 'rights v welfare' debate that has always presented something of a challenge in giving effect to children's rights. Contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.

This book combines classic and recent studies investigating challenges to Emiratization - full employment of Emirati nationals who make up only about 10% of the total workforce - in the United Arab Emirates (UAE). The book offers a comprehensive overview of the events leading to the country's rapid growth and development, as well as important social and cultural issues arising as the country transitioned from an isolated traditional economy to an open globalized one, and explores the specific challenges of incorporating Emiratis in their own vibrant economy. This topic is of interest to scholars, policymakers, and those considering investing or seeking employment in the UAE since it emerged as a Western-friendly, politically stable, and prospering oil-producing country in a region plagued by political, social, and economic turmoil.

Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law's social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.' - Peter Drahos, Australian National UniversityIn this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations. The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability. Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

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