Unemployment insurance (UI) is a federal-state system and mandatory AJC partner. UI benefits are available to workers who have involuntarily lost their jobs and have demonstrated a required level of labor force attachment. UI provides weekly cash payments to replace a portion of eligible workers earnings, up to a statewide maximum. Eligibility and benefit levels vary by state, though most states offer up to 26 weeks of state-financed UI benefits through each states Unemployment Compensation (UC) program. Certain economic conditions may extend the duration of UI benefits through the permanent Extended Benefit (EB) program.

Recent business developments directed at ever-greater flexibility and cost savings have led companies to hire more workers under sham work contracts as a way of circumventing the legal consequences of an employment relationship. In these cases the work contract is being misused. The use of such sham work contracts may have adverse legal implications for the firm."

This book discusses doing business and making profit on the right side of the law. It explores the role of aligning business and legal strategies, and using the law as a powerful tool in making businesses successful. In this unique book, the author draws on his experience teaching future business leaders at the IIM Ahmedabad for more than a decade. Numerous case studies from across the globe and involving top-notch companies are discussed from both the business leadership and legal perspective, with takeaways included at the end. Intended for senior managers who would prefer to have the law as their friend, philosopher and guide, the book offers analyses of judgments from various courts, but mainly from the Supreme Court of India and the US Supreme Court, and provides judicial finality on several issues commonly faced by business leaders. As such, it serves as a valuable reference guide for senior business managers aspiring to take on top leadership positions.

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

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.

Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against 'non-standard' workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.

Employment Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." Carly Hatchard, law student, University of Bolton "The Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it's a great series." Emma Wainwright, law student, Oxford Brookes University "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, King's College London Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further (www.oup.com/lawrevision/). The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources include: - advice on revision and exam technique from experienced examiner Nigel Foster; - a diagnostic test to help you pinpoint areas to focus your revision on; - interactive glossary and key cases to help you revise key terminology, facts, and principles; - multiple choice questions to test your knowledge; and - outline answers to questions in the book.

Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employers refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPSs actions violated the Pregnancy Discrimination Act (PDA). In a highly anticipated ruling, the Justices fashioned a new test for determining when an employers refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the Court sent the case back to the lower court for reconsideration in light of these new standards. This book begins with a discussion of the facts in the Young case, followed by an overview of the PDA. The book then provides an analysis of the Young case, its implications, and a potential legislative response. Furthermore, the book focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.

Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.

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.

This book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women's work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.

Prior to 1975, Federal Government policy considered an individual's sexual orientation when determining suitability for Federal employment. Although we will never know the exact number of individuals who were denied employment or who had their employment terminated based on their actual or assumed sexual orientation, one estimate places this number between 7,000 and 10,000 in the 1950's alone. Federal law now prohibits discrimination in employment based on a number of factors, including race, color, religion, sex, national origin, disability, and age. This book examines sexual orientation and gender identity discrimination in employment, and provides policies, perception, and protections against discrimination in the workplace.

First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

As part of the nation's unemployment insurance (UI) system, overseen by DOL, states provide benefits to eligible unemployed workers, with additional weeks of benefits sometimes provided by the federal government in times of economic stress. Since the 1960s, states have had maximum UI benefit durations of 26 weeks or longer. However, since 2011, nine states have reduced their maximum benefit durations. This book examines the circumstances in which states reduced the maximum duration of UI benefits; the implications of these reductions for individuals; the effects on federal UI costs; and their broader economic effects. Furthermore, the book analyses recent changes to state Unemployment Compensation (UC) programs.

The purpose of this text to provide a "one stop" source for safety professionals to acquire a general knowledge regarding not only the OSH Act but also laws and standards which impact the safety profession on a daily basis. The safety professional today does not work in a vacuum and decision-making can be impacted by a myriad of other laws. This new book will be the safety professional's "go to" text to acquire a quick understanding of the particular law potentially impacting his/her daily activities. Features Includes safety laws as well as human resource laws Presents new OSHA whistleblower actions Encompasses updated contractor requirement under Wage and Hour laws Covers new NLRA decisions and actions Addresses e-commerce and social media issues involving the safety function

In an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK. Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements. Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.

Protecting workers' rights is a top priority for the Obama Administration, and the Office of the United States Trade Representative (USTR) and the Department of Labor (DOL) are leading the Administration's efforts to improve labor laws and working conditions with trading partners in virtually every region of the globe. These efforts are made in close coordination with other U.S. agencies and in collaboration with Congressional and other stakeholders, as well as international partners such as the International Labour Organization (ILO). This book discusses the Administration's efforts in a number of key countriesGuatemala, Colombia, Jordan, Bahrain, Bangladesh, Swaziland, Haiti and Burmain which USTR and DOL have had intensive engagement on labor issues in recent years. The book examines steps that selected partner countries have taken, and U.S. assistance they have received, to implement these provisions and other labor initiatives and the reported results of such steps; submissions regarding possible violations of FTA labor provisions that DOL has accepted and any problems related to the submission process; the extent to which U.S. agencies monitor and enforce implementation of FTA labor provisions and report results to Congress.

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law. Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sanchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. Topo