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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
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.
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.
This book is aimed at all involved in the study and practice of labour law, including non-law students and practitioners.
Covering all the key aspects of Employment Tribunal practice, this book focuses on the procedure from the point when the claim is presented, through the initial procedural steps up to and including the hearing and the consideration of reviews and appeals. It deals concisely and authoritatively with the substantive law relating to unfair dismissal, discrimination, and the other main claims which can be made within the jurisdiction of the Employment Tribunals. There is substantial emphasis upon remedies and compensation featuring a draft Schedule of Loss with accompanying commentary to assist when presenting or defending a claim. Blackstone's Employment Tribunals Handbook's easy-to-use pocket-sized format facilitates quick reading and instant decision-making. Tables, flow-charts, and a clear and accessible style aid comprehension and speedy navigation. Cross-referencing to Blackstone's Employment Law Practice 2014 provides readers with easy access to in-depth commentary.
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.
Migration is presently a topic that arouses universal interest. Why people choose to migrate is a question that sparks great discussion. Both economic and non-economic factors contribute to this monumental decision. This book, written by experts in the field, focuses on the issue of impact of the expected labour market security on migration decision-making. The idea of push factors such as low levels of security in the state of origin and pull factors such as the expectations of financial security are explored in depth. Another layer of analysis is added as the authors explore how the expected labour market security level may be achieved in various ways. Some migrants may choose a state with a model characterised by extensive legislation related to labour market security, while others will be more willing to choose countries with greater flexibility, where it is as easy to lose a job as to find one and have greater employment security. By providing the most recent research on the impact of labour market security on migration-related decisions, this important text will help not only answer the question of why people decide to migrate, but also uncover the decision-making process in choosing a specific receiving state. By using case studies from around Europe, this book will prove invaluable for researchers, leaders and policy makers in the field of politics and migration studies.
In persuading the Supreme Court that same-sex couples have a constitutional right to marry, the LGBT rights movement has achieved its most important objective of the last few decades. Throughout its history, the marriage equality movement has been criticized by those who believe marriage rights were a conservative cause overshadowing a host of more important issues. Now that nationwide marriage equality is a reality, everyone who cares about LGBT rights must grapple with how best to promote the interests of sexual and gender identity minorities in a society that permits same-sex couples to marry. This book brings together 12 original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights? After Marriage Equality explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy. Aiming to spark discussion and further debate regarding the challenges and possibilities of the LGBT movement's future, After Marriage Equality will be of interest to anyone who cares about the future of sexual equality.
Chapter 1 analyzes recent changes to state Unemployment Compensation (UC) programs. Two categories of UC state law issues are considered: (1) changes in the duration of state UC unemployment benefits, and (2) changes in the UC weekly benefit amount Chapter 2 provides state-by-state information on workers covered, benefit eligibility, methods of financing, and other areas of interest in the Unemployment Insurance (UI) program. It also includes information on the temporary disability programs operated in six states.
NATIONAL BESTSELLER A leading scholar's powerful, in-depth look at the imprisonment of immigrants addressing the intersection of immigration and the criminal justice system For most of America's history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. As a result, almost 400,000 people annually now spend some time locked up pending the result of a civil or criminal immigration proceeding. In Migrating to Prison, leading scholar Cesar Cuauhtemoc Garcia Hernandez takes a hard look at the immigration prison system's origins, how it currently operates, and why. He tackles the emergence of immigration imprisonment in the mid-1980s, with enforcement resources deployed disproportionately against Latinos, and he looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Interspersed with powerful stories of people caught up in the immigration imprisonment industry, including children who have spent most of their lives in immigrant detention, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of the United States: who belongs and on what criteria is that determination made?
The book introduces the model of the corporate compliance officer under US, UK and German law and practice. It aims to analyze the compliance function within private sector companies in the three selected jurisdictions in order to present a model of the German Compliance Officer. There is little uniformity and standardization of the German compliance function outside the banking sector. It has been recognized that a generally applicable definition of the compliance function is as yet absent. There is a need for a generally applicable definition and a modern understanding of the role of the compliance officer. This is why this book is intended to bridge the gap in knowledge concerning the applicable legal standards required to ensure the effectiveness of this position. As such, it may be useful to examine the legal environment of the compliance function outside of the German framework and to explore the professional status and role of the corporate compliance officer in other countries, such as in the US and the UK.
The Employment Services Act 4 of 2014 makes provision for public employment services; for the establishment of schemes to promote the employment of young work seekers and other vulnerable persons; for schemes to assist employees in distressed companies to retain employment; for the facilitation of employment of foreign nationals in a manner that is consistent with the objects of this Act and the Immigration Act 13 of 2002; and for matters connected therewith. The fourth revised first edition of the Employment Services Act 4 of 2014 reflects the law as at 17 May 2019.
die vollstandig neu bearbeitete 3. Auflage des Handbuchesfasst das Wesentliche des Arbeitsrechts der Buhne unter besonderer Berucksichtigung des Normalvertrags Buhne zusammen. Die Auseinandersetzung mit den Schiedsspruchen des Buhnenoberschiedsgerichts bildet einen wichtigen Schwerpunkt des Werkes."
During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
This book critically explores how increased regulation and governance of corporations can be used to help improve the rights of workers amidst an era of union decline. The book posits that soft law techniques such as codes of conduct are more effective in protecting workers than "hard law" i.e. domestic regulation. It starts by analysing the transnational regulation of corporations and codes of conduct, and then puts forward a model code of conduct that can be used by corporations to help increase the protection of workers. Through this model's use of a monitoring scheme, shareholders, activists, and NGOs put pressure on the corporation to reform itself and enact a code which has obligations flowing both ways between the corporation and its employees. The book then looks at the expansions of fiduciary duties and changes to corporate governance, including Benefit Corporations and how they can be used to increase the rights of workers. It then discusses changes to standard union contracts before concluding with an assessment of the best way forward for workers' rights. By providing a new contribution to the current dialogue on corporate social responsibility and codes of conduct, this book will be a valuable resource for academics working on labour, employment, and business law as well as corporate lawyers.
The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario's Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province's Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. Closing the Enforcement Gap Research Group Leah F. Vosko Guliz Akkaymak Rebecca Casey Shelley Condratto John Grundy Alan Hall Alice Hoe Kiran Mirchandani Andrea M. Noack Urvashi Soni-Sinha Mercedes Steedman Mark P. Thomas Eric M. Tucker International/Quebec Contributors Nick Clark Dalia Gesualdi-Fecteau Tess Hardy John Howe Guylaine Vallee David Weil |
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