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.

In the wake of the COVID-19 pandemic, the need to re-establish the labour movement's political capacity to exert collective power in ways that foster greater opportunity and equality for working-class people has taken on a greater sense of urgency. Understanding the strategic political possibilities and challenges facing the Canadian labour movement at this important moment in history is the central concern of this second edition of Rethinking the Politics of Labour in Canada. With new and revised essays by established and emerging scholars from a wide range of disciplines, this edited collection assesses the past, present and uncertain future of Canadian labour politics in the wake of the COVID-19 pandemic. Bringing together the traditional electoral-based aspects of labour politics with analyses of newer and rediscovered forms of working-class organization and social movement-influenced strategies, which have become increasingly important in the Canadian labour movement, this book seeks to take stock of these new forms of labour politics, understand their emergence and assess their potential impact on the future of labour in Canada.

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.

The Enterprising Musician's Guide to Performer Contracts is an empowering resource that provides detailed, plain-language explanations of the clauses commonly found in legal agreements such as engagement (gig) contracts, artist-management contracts, and producer agreements. Musicians from all musical styles will be able to decipher contracts offered to them and improve terms to their benefit. In clear detail, David Williams dissects the most common clauses in performer contracts, revealing how to avoid pitfalls and properly amend content to address each musician's needs. Seasoned performers, emerging artists, and music students of all levels will find this handy volume an invaluable compendium of conflict-free guidance as they navigate their careers in the music industry.

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.

This short book is an outline of the laws and regulations relating to employment in England and Wales. It is for reference for those employing and employed in the rural community, and will be a primer for university and college students reading land and estate management. It charts the significant changes that have been made to the area of employment law over the last two decades, and highlights the areas that need to be considered in farming and rural land management, such as employment tribunals and ACAS's role in resolving disputes and grievances, seasonal workers, work visas and gangmaster legislation. It clearly lays out the legal requirements of contracts of employment, all aspects of discrimination ranging from age and disability, sexual orientation, marriage, pregnancy, race and religion to unfair or wrongful dismissal and redundancy. It is a precursor or prompt for land managers who seek specialized advice for ensuring appropriate compliance with the variety of topics that employment law now encompasses.

Die Rundfunkunternehmen beschaftigen verhaltnismassig viele Personen auf Basis einer freien Mitarbeit. Wahrend freie Mitarbeiter oft deutlich besser vergutet werden als ihre festangestellten Kollegen, geniessen sie nicht den weitgehenden gesetzlichen Schutz eines Arbeitnehmers. Dies kann zu Situationen fuhren, in denen sich ein als freier Mitarbeiter eingestellter Beschaftigter auf seinen Status als Arbeitnehmer beruft. Diese Arbeit beschaftigt sich mit den rechtlichen Konsequenzen, die sich im Fall einer nachtraglichen Feststellung der Arbeitnehmerschaft fur beide Vertragsparteien ergeben und berucksichtigt dabei die fernsehrechtlichen Besonderheiten. Insbesondere zeigt die Arbeit, dass eine nachtragliche Statusklarung fur den Mitarbeiter nicht nur Vorteile, sondern auch erhebliche finanzielle Risiken mit sich bringen kann.

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.

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.

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.

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.

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.

AI has unparalleled transformative potential to reshape society but without legal scrutiny, international oversight and public debate, we are sleepwalking into a future written by algorithms which encode regressive biases into our daily lives. As governments and corporations worldwide embrace AI technologies in pursuit of efficiency and profit, we are at risk of losing our common humanity: an attack that is as insidious as it is pervasive. Leading privacy expert Ivana Bartoletti exposes the reality behind the AI revolution, from the low-paid workers who train algorithms to recognise cancerous polyps, to the rise of data violence and the symbiotic relationship between AI and right-wing populism. Impassioned and timely, An Artificial Revolution is an essential primer to understand the intersection of technology and geopolitical forces shaping the future of civilisation, and the political response that will be required to ensure the protection of democracy and human rights.

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.