Labor and Employment Law Initiatives and Proposals Under the Obama Administration
Labor and Employment Law Initiatives and Proposals Under the Obama Administration

Author: Zev J. Eigen

Publisher: Kluwer Law International B.V.

Published: 2011-05-11

Total Pages: 732

ISBN-13: 9041139842

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Barack Obama’s famous “Blueprint for Change,” 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.

Labor and Employment Law Initiatives and Proposals Under the Obama Administration
Labor and Employment Law Initiatives and Proposals Under the Obama Administration

Author: Zev J. Eigen

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 732

ISBN-13: 9041134573

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Barack Obama's famous "Blueprint for Change," 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.

Labor Law
Labor Law

Author: Michael C. Harper

Publisher: Aspen Publishing

Published: 2021-09-15

Total Pages: 1344

ISBN-13: 1543841376

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years. The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law. New to the Ninth Edition: Coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including: The independent contractor distinction, including the emerging “ABC” test The joint employer debate Defining appropriate bargaining units The effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration The regulation of bargaining during the term of collective agreements Board deferral to arbitration As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act) The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements. Professors and students will benefit from: A book that consistently poses problems for students and gets deeply into factual issues and important points of law. Careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book.

The President and Immigration Law
The President and Immigration Law

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

The Idea of Labour Law
The Idea of Labour Law

Author: Guy Davidov

Publisher: OUP Oxford

Published: 2013-01-17

Total Pages: 780

ISBN-13: 0191648078

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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Comparative Employment Relations in the Global Economy
Comparative Employment Relations in the Global Economy

Author: Carola Frege

Publisher: Routledge

Published: 2013-07-24

Total Pages: 485

ISBN-13: 1135020949

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"Employment Relations" is widely taught in business schools around the world. Increasingly however more emphasis is being placed on the comparative and international dimensions of the relations between employers and workers. It is becoming ever more important to comprehend today’s work and employment issues alongside a knowledge of the dynamics between global financial and product markets, global production chains, national and international employment actors and institutions and the ways in which these relationships play out in different national contexts. This textbook is the first to present a cross-section of country studies, including all four BRIC countries, Brazil, Russia, India and China alongside integrative thematic chapters covering all the important topics needed to excel in this field. The textbook also benefits from the editors' and contributors' experience as leading scholars in Employment Relations. The book is an ideal resource for students on advanced undergraduate and postgraduate comparative programmes across areas such as Employment Relations, Human Resource Management, Political Economy, Labour Politics, Industrial and Economic Sociology, Regulation and Social Policy.

Taking Back the Workers' Law
Taking Back the Workers' Law

Author: Ellen J. Dannin

Publisher: Cornell University Press

Published: 2006

Total Pages: 220

ISBN-13: 9780801444388

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Focuses on unions and on the National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA), the agency and the law created to promote unionization and collective bargaining. Argues that the effectiveness of the NLRB has been eroded by judicial decisions that have radically rewritten the MLRA. Offers concrete solutions to counter the attack on workers' rights.

Calling the Shots
Calling the Shots

Author: Daniel P. Gitterman

Publisher: Brookings Institution Press

Published: 2017-02-14

Total Pages: 172

ISBN-13: 0815729030

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" Modern presidents are CEOs with broad powers over the federal government. The United States Constitution lays out three hypothetically equal branches of government—the executive, the legislative, and the judicial—but over the years, the president, as head of the executive branch, has emerged as the usually dominant political and administrative force at the federal level. In fact, Daniel Gitterman tells us, the president is, effectively, the CEO of an enormous federal bureaucracy. Using the unique legal authority delegated by thousands of laws, the ability to issue executive orders, and the capacity to shape how federal agencies write and enforce rules, the president calls the shots as to how the government is run on a daily basis. Modern presidents have, for example, used the power of the purchaser to require federal contractors to pay a minimum wage and to prohibit contracting with companies and contractors that knowingly employ unauthorized alien workers. Presidents and their staffs use specific tools, including executive orders and memoranda to agency heads, as instruments of control and influence over the government and the private sector. For more than a century, they have used these tools without violating the separation of powers. Calling the Shots demonstrates how each of these executive powers is a powerful weapon of coercion and redistribution in the president's political and policymaking arsenal. "

Private Government
Private Government

Author: Elizabeth Anderson

Publisher: Princeton University Press

Published: 2019-04-30

Total Pages: 222

ISBN-13: 0691192243

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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.