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This book focuses on developing issues in international,
comparative, and transnational employee benefits law. It is divided
into four areas that practitioners will need to become familiar
with in order to thrive in our increasingly global economy and
legal practice: sovereignty and jurisdictional issues involving the
Employee Retirement Income Security Act (ERISA); public and private
pension issues with emphasis on the trend toward privatization and
defined contribution plans; public and private health care issues
surrounding national health care systems and private health
insurance schemes; and the intersection between employment
discrimination laws throughout the world and global employee
benefit law issues.
This casebook emphasizes primary materials (statutes, European
Union directives, regulations, guidelines, and cases) that have
been edited to facilitate classroom discussion. Accessible to both
professors and law students, the primary material is enhanced by
brief notes and questions. The book can be assigned or recommended
as optional reading to supplement a domestic-only employment
discrimination law course, or serve as the basis of a stand-alone
seminar, to advance the students' understanding of their own system
and the kinds of issues they will face in an era of globalization.
This book emphasizes primary materials such as statutes, proposed
guest worker legislation, International Labour Organization
conventions, Organization for Economic Cooperation and Development
guidelines, company codes of conduct, World Trade Organization
rulings, AFL-CIO complaints, European Union directives, and Alien
Tort Claims Act decisions. The materials have been carefully edited
to facilitate classroom discussion and further student research.
NYU's Samuel Estreicher, Boston University's Michael Harper, and
distinguished practitioner and NYU and Michigan Law adjunct
professor Zachary Fasman have produced a new edition of this
employment discrimination casebook. The book incorporates (where
applicable) the work of the Restatement of Employment Law, for
which Estreicher and Harper were reporters. The authors' focus is
on the field as practiced, aiming at both theoretical insight and
practical approaches to advising clients on cutting-edge issues.
Extensive notes and questions introduce new legislative,
administrative, and judicial developments throughout, including in
regard to pay equity issues, responses to the "me too movement, and
expanded ADA coverage. A new chapter on sexual orientation and
sexual identity bias highlights the recent Supreme Court decision
in Bostock v. Clayton County holding that Title VII protects
against such discrimination.
Supplement compiling the statutes, provisions, regulations, and
rules discussed in the main text.
This textbook is a one-volume treatment of the basic analytical
structure and legal policy issues informing U.S. employment law.
The full range of the subject matter is examined with chapters on
defining who are employees (as opposed to independent contractors);
employment contracts; employment torts; workplace privacy;
post-termination restraints and workplace intellectual property
issues; employee benefits; wage-hour laws; occupational safety;
workers' compensation; and unemployment compensation. Introductory
chapters are also included on the economic analysis of employment
regulation, employment discrimination, union organization, and
collective bargaining laws. The book is designed as a complement
for all leading casebooks on employment law, in that it approaches
the issues in a comprehensive manner that will enable the student
to understand how these laws interact in particular cases. Unlike
other employment law treatises, this book moves well beyond the
descriptive to empower the student in tackling difficult analytical
and policy issues in the field.
This one-volume, concise treatise on labor law explains the
analytical structure that governs how employees form workplace
organizations and bargain over the terms and conditions of
employment. It covers new forms of labor organizing, such as the
corporate campaign, card check/neutrality agreements, and worker
centers. It is designed to complement leading labor law casebooks
with analysis of the principal decisions, context, and social
justice policy. It reflects decisional and other developments
through August 2019.
Supplement compiling the statutes, provisions, regulations, and
rules discussed in the main text.
Are Americans making under $50,000 a year compelled to navigate the
legal system on their own, or do they simply give up because they
cannot afford lawyers? We know anecdotally that Americans of median
or lower income generally do without legal representation or resort
to a sector of the legal profession that - because of the sheer
volume of claims, inadequate training, and other causes - provides
deficient representation and advice. This book poses the question:
can we - at the current level of resources, both public and private
- better address the legal needs of all Americans? Leading judges,
researchers, and activists discuss the role of technology, pro bono
services, bar association resources, affordable solo and small firm
fees, public service internships, and law student and nonlawyer
representation.
Are Americans making under $50,000 a year compelled to navigate the
legal system on their own, or do they simply give up because they
cannot afford lawyers? We know anecdotally that Americans of median
or lower income generally do without legal representation or resort
to a sector of the legal profession that - because of the sheer
volume of claims, inadequate training, and other causes - provides
deficient representation and advice. This book poses the question:
can we - at the current level of resources, both public and private
- better address the legal needs of all Americans? Leading judges,
researchers, and activists discuss the role of technology, pro bono
services, bar association resources, affordable solo and small firm
fees, public service internships, and law student and nonlawyer
representation.
Barack Obama's famous Blueprint for Change,A" part and parcel of
the campaign that culminated in his historic election as U.S.
president in November 2008, openly announced his support for the
Employee Free Choice Act (H.R. 1409) suggesting that major change
was imminent in U.S. labor and employment law. Although promised
legislative change has yet to materialize, there appears to be a
growing consensus that the current system for addressing employment
disputes in union-represented and non-union workplaces deserves
renewed attention and needs significant restructuring. Thus, the
issues taken up by this prominent U.S. conference remain relevant
to policy debates which will likely continue to rage in the United
States for years to come. Based on papers delivered at the 2009
conference of the New York University School of Law's Center on
Labor and Employment Law - the 62nd in this venerable and highly
influential series - the book presents articles updated by the
authors to reflect more recent developments, as well as new papers
to ensure a comprehensive and current analysis of both what has
actually changed and which trends seem to be gaining momentum.
Twenty-two outstanding scholars and practitioners in U.S. labor law
and practice pay special attention to such issues as the following:
* mandatory arbitration of employment disputes in non-union sector;
* call for improved administration of the National Labor Relations
Act in expediting elections and reinstating discriminatees; * more
privatized forms of dispute resolution such as arbitration and
mediation; * card-check and neutrality agreements bypassing
government processes; * proposed reform of the Age Discrimination
in Employment Act; * evaluating market-based defenses to pay equity
claims; * EEOC initiatives in public enforcement of equality law;
and * challenges to labor relations in state and local governments.
. As always, this important annual publication offers definitive
current scholarship in its theme area of labor and employment law.
As such, it will be of inestimable value to practitioners,
government officials, academics, and others interested in
developments in U.S. employment and labor relations law and
practice.
Most employers know that rewarding their best workers is good
business. However, the returnA" on such investment is difficult to
measure, and wise employers think long and hard about two of their
largest expense items - employee benefits and executive
compensation. Today in the United States, under the glare of issues
raised by the current financial crisis, company-sponsored benefits
programs have become mere shadows of what they once were, and
executive compensation has come under intense scrutiny to the point
where the Treasury Department monitors it at companies receiving
federal assistance. In recognition of the growing importance of
employee benefits and executive compensation issues, the Center for
Labor and Employment Law at New York University School of Law
dedicated New York University's 59th Annual Conference on Labor to
an in-depth examination of these topics. This volume of the
proceedings of the 2006 conference contains papers presented at
that meeting, all here updated to reflect recent developments. It
also includes contributions from other practitioners and academics
with extensive knowledge and experience in this specialized field
of labor and employment law. Among the topics presented and
discussed are the following: - the structure and adequacy of the
U.S. system of providing for retirement income; - alternative
models of providing retirement benefits, including a
government-provided livable pension; - accounting standards as a
silent regulatorA" of defined benefit pension plans; - impact and
implications of the Pension Protection Act of 2006 (PPA); -
benefits issues for foreign workers in the United States, both
documented and undocumented; - issues for companies that adopt
stock acquisition programs as an employee compensation vehicle; -
recent healthcare reform proposals at the state level as pilot
projects for a national system; - the ERISA preemption scheme and
denial of coverage under an ERISA-governed health care plan; and -
attorney conflict of interest situations under ERISA. As always,
this annual conference captures valuable insights and syntheses of
central labor and employment law issues in the United States and
will be of great value to practitioners and academics in the field.
In an increasingly global economy fraught with foreign law land
mines, the breadth of concerns for lawyers advising clients
employing or employed across borders is vast and growing. Finding
ways to realize the expectations of the parties when the employment
relationship spans multiple jurisdictions with potentially
conflicting policies, different conceptions of employment, and even
different vocabularies to describe employment events is a major
challenge. In recognition of the growing importance of global
labour and employment law, the Center for Labor and Employment Law
at New York University School of Law dedicated its 61st Annual
Conference on Labor to an in-depth examination of issues arising in
this area. This volume of the proceedings of the 2008 conference
contains papers presented at that meeting, all here updated to
reflect recent developments, as well as additional contributions
from other practitioners and academics with extensive knowledge and
experience in the field. Experts from both the practicing bar and
academia - twenty-seven in all - use their unique strengths to
address issues worthy of concern in each juridical realm. Among the
many important topics presented and discussed are the following: *
application of international law soft normsA" through domestic
legal systems; * jurisdictional issues in employee benefits; *
extraterritorial application of the U.S. Employment Retirement
Income Security Act (ERISA); * impact of the application of
international human rights standards to employment issues; *
drafting of specific types of employment agreements in a
multijurisdictional context; * obstacles to cross-border
enforcement of restrictive covenants; * how U.S. securities law
affects global stock option plans; * workplace electronic privacy
issues; * publicly mandated social benefits; * effect of both
immigrant and non-immigrant visas on high-skill workers; * how
bilateral labor agreements can solve transnational immigration
problems; * codes of business conduct; * role of labor rights in
foreign direct investment; * application of anti-discrimination
laws to religious discrimination across jurisdictions; and *
whistleblower protection. An unusual feature of this volume in the
series is its in-depth attention to comparative law in the field,
with exploration of developments in China, France, and New Zealand,
as well as in European Union law. As always, this annual conference
captures valuable insights and syntheses of central labour and
employment law issues and will be of great value to practitioners
and academics in the field. With insights that can assist lawyers
engaged in counselling both employers and employees, this volume
goes a long way toward meeting the expectations of both employee
and employer at various stages of the employment relationship, and
handling the disputes that inevitably arise.
The waves rippling out from the attacks of September 11, 2001 have
touched the U.S. workplace profoundly. From policy-driven
rationales for discrimination to marked increases in workers'
emotional disorders, the entire fabric of employment in the U.S.
bristles with a web of unprecedented legal issues.Dealing with a
wide range of these important and troubling matters, this
remarkable book offers seventeen insightful evaluations of some of
the core relevant concerns, including the following: workplace
discrimination in the context of the war on terror; profiling based
on nationality; English-only rules; protections provided to
immigrant workers; "enemy combatant" designation; electronic
information generated about employees; monitoring electronic mail;
military leaves of absence; vulnerability to labor strikes in an
age of terror; efforts to limit labor's freedom of association
based on security-related arguments; impact of national security
concerns on federal government employees; employee assistance
programs; mental injuries such as post-traumatic stress disorder;
and workers' stress in the context of federal workplace statutes.As
workers, firms, and governments adapt to the new environment of
global insecurity, this book will prove invaluable to all
professionals engaged in ensuring the economic health of the U. S.
workplace. These papers are sure to provide practitioners,
agencies, and academics with a clearly outlined starting point for
the debates to come.
This valuable symposium addresses such provocative questions as:
- To what extent can sexual harassment claims be meaningfully
addressed by existing laws such as the National Labor Relations Act
and state and federal anti-discrimination statutes?
- Are employer sexual harassment policy initiatives on a collision
course with the First Amendment?
- What rights do accused employees have?
- When are employers liable for sexual harassment?
- Can investigations of sexual harassment claims be conducted
meaningfully without violating legitimate confidentiality
privileges?
Private-sector unionization has been in a period of dramatic
decline. While much scholarship has sought to explain this
development and has called for stronger legal protection of union
organizing efforts, the viability of alternative or supplementary
forms of employee representation has received comparatively little
attention. The potential for such alternatives and the appropriate
role of public policy in this arena served as the theme for the
50th anniversary of New York University's Annual Conference on
Labor. This long-standing conference brings together government
officials; representatives of companies, labor unions, and
employees; lawyers; and human resources specialists. In this vital
forum, participants discuss important themes in U.S. labor law
affecting the American workplace and share new ideas and
perspectives for improving the practice. This latest installment
includes conference papers and commentary as well as additional
essays by professors at esteemed institutions in three different
countries (Israel, Canada, and the United States). It addresses
such provocative questions as: What do workers want in the way of
workplace representation? What role has individualism played in the
decline of unions in private companies? Do labor laws unnecessarily
restrict the potential growth of employee ownership? The list of
contributors comprises both professors and practicing attorneys
from a variety of backgrounds. The papers contained in Employee
Representation in the Emerging Workplace will assist and appeal to
all concerned with these important contemporary labor law issues
and especially with the ways in which the United States is
considering them. The theme addressed in this particular
installment is topical, central to the field, and deserving of
attention.
This study is a useful survey of a range of crucial problems in
the current industrial relations system. Whether the US's present
collective bargaining system can accommodate the massive
dislocations of global competitive capitalism is a debatable, and
vital, question. This collection offers important insights into the
matter. "Choice"
A collection of specially written essays by distinguished legal
scholars and practicing lawyers, this book explores the ways in
which collective bargaining practices have been forced to adapt and
change in response to a radical restructuring in the labor and
personnel relations of American businesses. As the contributors
demonstrate, current trends--such as a shift from manufacturing to
service employment, deregulation, a hostile political environment,
and a host of mergers and acquisitions--have made an understanding
of traditional labor law doctrine increasingly less central to
actual practice. Practitioners today need a thorough grasp of
complex new workplace regulations and a mastery of the interplay
between legal rules and practical constraints on transactions like
plant closings, assets or stock sales, bankruptcy reorganization,
and union representation on corporate boards of directors. Labor
Law and Business Change places these changes within a comprehensive
legal and practical framework and provides expert advice to those
who must deal with these developments in the course of structuring
particular business transactions.
This important theme was the focus of New York University's 54th
Annual Conference on Labor and Employment Law. This highly
significant book reprints the papers presented at the 54th
Conference, with several additional papers. In its pages more than
40 noted labor and employment experts from a diverse range of
countries and disciplines offer penetrating analyses of
developments and trends in such areas as the following:
- Regulation of immigrant labor;
- legal issues facing undocumented workers;
- labor markets in border regions;
- guest worker programs;
- extraterritorial applications of U.S. law;
- employee rights under EU law;
- exploitation of differences in tax and pension laws across
jurisdictions;
- the role of antidiscrimination law;
- harmonizing alternative dispute resolution processes worldwide;
- termination policies;
- data ownership;
- linguistic diversity;
- international labor standards and institutions; and,
- transnational cooperation among labor unions.
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