Why our workplaces are authoritarian private governments-and why we can't see it One in four American workers says their workplace is a "dictatorship." Yet that number almost certainly would be higher if we recognized employers for what they are-private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers' speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.

This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation whilst ensuring transparency and accountability. The democratic deficit and the legitimacy of the European Union have attracted the attention of both lawyers and political scientists, but few have examined normatively the role of interest groups or of functional participation in European governance.This book examines institutional settings, such as committees, agencies, and social dialogue within which such participation occurs. Moving beyond generalities, tye author provides a detailed empirical account of participation within one policy sector: EC occupational health and safety. Smismans argues that different institutional settings for functional participation are underpinned by very different considerations: they weight balanced representation, deliberation, and expertise differently. He shows how this participation differs between legislation and regulatory implementation, and appraises the extent to which participation can compensate for a lack of territorial representation in implementation procedures, and can exert some control over 'scientific experts'. This book reveals changes in functional participation over time, from regulatory to persuasive policy-making; and argues that the 'new' forms of governance are not necessarily more participatory than the old.

The Employer Bill of Rights: A Manager's Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Many people believe that in the employer/employee relationship, the employer holds the cards. The reality, however, is that American employees are not at a lack for workplace rights. A veritable alphabet soup of laws protect employees in the workplace--Title VII (prohibits discrimination based on race, color, religion, sex, and national origin), PDA (prohibits pregnancy discrimination), ADEA (prohibits age discrimination), ADA and ADAAA (prohibit disability discrimination), USERRA (protects returning veterans), FMLA (permits family and medical leave), FLSA (regulates minimum wage, overtime, and child labor), and many others. All these laws lead managers to become fearful of making personnel decisions that might--and sometimes do--result in expensive lawsuits. But employers don't need to act, or react, in fear.This book shows managers and owners how to assert their rights to protect their investment in people, operations, facilities, and other assets to ensure a more productive and profitable workplace. The Employer Bill of Rights: A Manager's Guide to Workplace Law aids employers in navigating choppy personnel waters. It instructs employers on the ins and outs of the various laws. It provides employers with the confidence to make hiring, firing, and other personnel decisions free from the fear of litigation. No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Manager's Guide to Workplace Law will help businesses make informed decisions to hedge against the biggest blunders and errors that too often result in expensive and time-consuming lawsuits. The Employer Bill of Rights: * Explains, practically and without legalese, the key legal issues that managers face on a daily basis in managing their employees. * Describes how to make personnel decisions that will help you avoid costly litigation. * Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace.What you'll learn * How to hire and fire employee without the fear of an expensive discrimination lawsuit. * How to legally pay your employees under the complex and confusing regulatory scheme imposed by the Fair Labor Standards Act, in addition to legally granting or denying leave of absence requests. * The who, what, why, when, where, and how of each of the major federal employment discrimination acts. * The key provisions you need in your employee handbook, and how to draft them. * How to maintain a bona fide open door to avoid problems with retaliation or union organizing--as well as to promote an amicable workplace. * How to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules and policies, and the maintenance of confidential, critical information. * Record keeping practices designed to support your decisions. * Why it matters that you follow the Golden Rule in all personnel matters with your employees. Who this book is for The Employer Bill of Rights: A Manager's Guide to Workplace Law targets the owners of small to mid-size businesses and the managers that work in them.These businesses usually lack a dedicated in-house counsel responsible for, or knowledgeable in, labor and employment law. They often may also lack a human resources department. Without these internal resources, such businesses often shoot from the hip when making hiring, firing, pay, and other personnel decisions. Because of the intricacies and nuances of the ever-changing world of labor and employment law, these decisions can lead to costly mistakes. This book ensures that each personnel decision is made with the law--and the company's best interests--in mind.

"Originally published as a monograph in the International encyclopaedia for labour law and industrial relations."

An authoritative and practical guide to business ethics, written in an accessible question-and-answer format In today's turbulent business climate, business ethics are more important than ever. Surveys of employees show that misconduct is on the rise. Cover stories reporting indictments, prosecutions, and penalties imposed for unethical business conduct appear almost daily. Legislatures pass requirements elevating the levels of punishment and their enforcement against corporations and individuals. Organizations face pressure to design and implement effective ethics and compliance programs. As a result, businesses and businesspeople are increasingly worried that their conduct might cross lines that put their wealth and reputations at risk. Business Ethics: What Everyone Needs to Know (R) explains what those lines are, how not to cross them, and what to do when they are crossed. Written for both businesspeople facing real-life dilemmas and students studying ethical questions, this succinct book uniquely surveys materials from moral philosophy, behavioral science, and corporate law, and shares practical advice. Experts J.S. Nelson and Lynn A. Stout cover a wide array of essential topics including the legal status of corporations, major ethical traps in modern business, negotiations, whistleblowing and liability, and best practices. Written in a short question-and-answer style, this resource provides engaging and readable introductions to the basic principles of business ethics, and an invaluable guide for dealing with ethical dilemmas.

In Germany, the prohibition of discrimination under Community law is transposed through the General Equal Treatment Act ("Allgemeine Gleichbehandlungsgesetz"). The new Act is introduced, and its community-law background is discussed. In addition, the new regulations are examined in greater depth for individual areas by means of practical examples from German and foreign courts and of current questions.

As unions increasingly resort to corporate campaigns, top-down organizing, neutrality agreements, and consumer boycotts, it is easy to forget that federal labor laws were designed to eliminate the causes of substantial obstructions to the free flow of commerce. Our global economy continually shows that the fortunes of different companies increasingly are interdependent. At the same time, federal labor laws in the U.S. place important restrictions on secondary boycotts-defined as picketing or other union efforts based on one company's dispute to disrupt the affairs of other companies and consumers. Secondary boycotts have played an even more important role in the construction industry, where union disputes often affect dozens of employers working at a single location. Secondary boycotts present among the most complex problems dealt with by U.S. labor laws. This book examines how federal law limits secondary picketing and comparable activity, while preserving First Amendment free speech rights and protecting primary union activity, even though picketing or pressure directed toward one company almost always affects other parties and people. Ralph M. Dereshinsky looks at the development of labor law, National Labor Relations Board decisions, and court reviews relating to four types of secondary boycott situations. A case-by-case analysis is made to determine the direction and consistency of Board and cournt handling of labor-management disputes over common-situs picketing, allied employer picketing, consumer boycotts, and hot-cargo agreements.

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 is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

The contract of employment is the legal instrument which regulates the conditions of employment of the vast majority of the working 1 people of the world. More than any other civil contract based on mutual rights and obligations, this contract is characterised by the importance of its human elements. Sir William Blackstone once under lined the human and legal significance ofthe relationship, by classifying it immediately after the two great human relationships of husband and 2 wife and of parent and child. The contract is thus nationally and internationally important. In 1927 the International Labour Conference adopted a resolution "requesting the governing body of the Office to consider the possibility of placing the question of the general principles of contracts of employment on the agenda of a future session of the Conference. "3 This question was regrettably not followed up. The reason though not the justification, lies in the difficult task of limiting the bounds of the contract and of reconciling the different legal systems in the various countries. The effort spent by the LL. O. during the last few years towards the adoption of an international recommendation on the termination of the contract, which is yet to bear fruit, illustrates the difficulties involved. In the Arab countries the importance of the contract of employment was more felt since the introduction of industry thirty years ago."

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

During the 1950s two Senate investigations, both highly publicized through the new medium of television, revealed the spread of racketeers and corruption among labor unions. Taking advantage of these sensational revelations, business interests, who for years had chafed against the federal government's pro-labor policies, mounted a campaign to curb labor's power. With the support of the business-oriented administration of Dwight Eisenhower, they pushed through Congress a new "reform" law -- the Landrum-Griffin Act. In this book, R. Alton Lee, author of an earlier study of the Taft-Hartley law, offers the first detailed legislative history of this important act and with it an examination of the Eisenhower presidency.

Lee traces the development of the public's distrust of labor leaders and the rising sentiment for reform and then follows the progress of the legislation through both houses of Congress in the midst of moves and countermoves by labor and management. He shows how some of the leading actors in the struggle -- notably John Kennedy, Lyndon Johnson, and Barry Goldwater -- used the occasion to further their political ambitions. In the final vote the swing of public opinion against labor and the potent combination of conservative southern Democrats and northern Republicans secured for the law an overwhelming majority in Congress.

The enactment of the Landrum-Griffin law, Lee concludes, is yet another example of Eisenhower's astuteness as a politician, one who marshaled the force of his popular appeal and adroitly deployed his administrative aides to achieve his goal. It also provides a revealing example of the interplay among public, president, and Congress in the American system.

Eisenhower and Landrum-Griffin makes a valuable contribution to political and labor history and to a deeper understanding of the Eisenhower presidency.

This book addresses the specific position of domestic workers in the context of evolving human rights norms.

Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law.

Drawing upon a broad range of case studies, "Care, Migration and Human Rights" presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU and the European Court of Human Rights on primary care providers, as well as the effect that trends in migration law have on migrant domestic workers. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports.

This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies."

Nahezu alle europaischen Staaten haben ihre Alterssicherungssysteme reformiert mit dem Ziel, sie zu konsolidieren. Die betriebliche Altersversorgung ist seitdem zu einem Schwerpunkt betrieblicher Sozialpolitik geworden. Bei der Errichtung, Durchfuhrung und der Kontrolle betrieblicher Altersversorgungssysteme stellen sich zahlreiche Rechtsfragen. In dem Werk wird das Zusammenwirken der Sozialpartner analysiert. Es wird aufgezeigt, welche Handlungsspielraume bestehen und welche Kontroll- und Entscheidungskompetenzen jeweils eingeraumt werden.

Packed with cutting-edge cases and hands-on applications, EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE, 5TH EDITION explains the major issues and rules of employment law and how they apply to your human resource career. The text addresses human resource practices associated with each stage of the employment process--from hiring, to managing, to firing. Clippings of current news stories, hypothetical situations, and real cases help you understand how legal concepts apply to business situations, while practical advice for what to do as a manager is summarized at the end of each chapter. Covering the most important employment law topics, the text is completely up to date with the latest legislation, new regulations, and recent case law. It includes extended coverage of the rights of vulnerable employees under the Americans with Disabilities Act, racial discrimination, the use of background checks, the Family Medical Leave Act, and more.

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.

China s economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies.

This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices."

The recent pandemic has clarified the overwhelming connection between the workplace and technology. With thousands of employees suddenly forced to work at home, a large segment of the workforce quickly received crash courses in videoconferencing and other technologies, and society as a whole took a step back to redefine what employment actually means. The virtual workplace is the blending of brick-and-mortar physical places of business with the advanced technologies that now make it possible for workers to perform their duties outside of the office. Trying to regulate in this area requires the application of decades old employment laws to a context never even contemplated by the legislatures that wrote those rules. This book explores the emerging issues of virtual work-defining employment, litigating claims, aggregating cases, unionizing workers, and preventing harassment-and provides clarity to these areas, synthesizing the current case law, statutory rules, and academic literature to provide guidance to workers and companies operating in the technology sector.

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.

This work provides a clear presentation of the legal foundations and labor court precedents for attorneys and non-attorneys alike, along with specific suggestions for a more flexible approach to essential working conditions. Especially because flexibilization is still in legal flux, the work is sure to be an indispensable reference work for everyone involved in drafting labor contracts.