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Author: Stephen Crowley
Publisher: Rowman & Littlefield
Published: 2001
Total Pages: 256
ISBN-13: 9780742509993
DOWNLOAD EBOOKWhy, given political freedom coupled with adverse economic change, has labour been so quiescent since the fall of communism in Eastern Europe? Through the use of case studies, this text explores the extent of these weaknesses and the relationship between labour and politcs in these countries.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
Published: 2012-04-01
Total Pages: 1616
ISBN-13: 1578233631
DOWNLOAD EBOOKWorkers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
Published: 1997
Total Pages: 68
ISBN-13:
DOWNLOAD EBOOKAuthor: Mark Pittaway
Publisher: University of Pittsburgh Press
Published: 2010-11-23
Total Pages: 399
ISBN-13: 0822978121
DOWNLOAD EBOOKIn 1956, Hungarian workers joined students on the streets to protest years of wage and benefit cuts enacted by the Communist regime. Although quickly suppressed by Soviet forces, the uprising led to changes in party leadership and conciliatory measures that would influence labor politics for the next thirty years. In The Workers' State, Mark Pittaway presents a groundbreaking study of the complexities of the Hungarian working class, its relationship to the Communist Party, and its major political role during the foundational period of socialism (1944-1958). Through case studies of three industrial centers—Ujpest, Tatabanya, and Zala County—Pittaway analyzes the dynamics of gender, class, generation, skill level, and rural versus urban location, to reveal the embedded hierarchies within Hungarian labor. He further demonstrates how industries themselves, from oil and mining to armaments and textiles, possessed their own unique labor subcultures. From the outset, the socialist state won favor with many workers, as they had grown weary of the disparity and oppression of class systems under fascism. By the early 1950s, however, a gap between the aspirations of labor and the goals of the state began to widen. In the Stalinist drive toward industrialization, stepped up production measures, shortages of goods and housing, wage and benefit cuts, and suppression became widespread. Many histories of this period have focused on Communist terror tactics and the brutal suppression of a pliant population. In contrast, Pittaway's social chronicle sheds new light on working-class structures and the determination of labor to pursue its own interests and affect change in the face of oppression. It also offers new understandings of the role of labor and the importance of local histories in Eastern Europe under communism.
Author: United States
Publisher:
Published: 2001
Total Pages: 1722
ISBN-13:
DOWNLOAD EBOOKAuthor: David G. Blanchflower
Publisher: MIT Press
Published: 1994
Total Pages: 504
ISBN-13: 9780262023757
DOWNLOAD EBOOKThe Wage Curve casts doubt on some of the most important ideas in macroeconomics, labor economics, and regional economics. According to macroeconomic orthodoxy, there is a relationship between unemployment and the rate of change of wages. According to orthodoxy in labor economics and regional economics an area's wage is positively related to the amount of joblessness in the area. The Wage Curve suggests that both these beliefs are incorrect. Blanchflower and Oswald argue that the stable relationship is a downward-sloping convex curve linking local unemployment and the level of pay. Their study, one of the most intensive in the history of social science, is based on random samples that provide computerized information on nearly four million people from sixteen countries. Throughout, the authors systematically present evidence and possible explanations for their empirical law of economics.
Author: David Weil
Publisher: Harvard University Press
Published: 2014-02-17
Total Pages: 421
ISBN-13: 067472612X
DOWNLOAD EBOOKIn the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
Author: Ellen C. Kearns
Publisher: Bna Books
Published: 1999
Total Pages: 1675
ISBN-13: 9781570181085
DOWNLOAD EBOOKBeginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.
Author: Stephanie Luce
Publisher: Russell Sage Foundation
Published: 2014-01-31
Total Pages: 362
ISBN-13: 1610448197
DOWNLOAD EBOOKThe majority of new jobs created in the United States today are low-wage jobs, and a fourth of the labor force earns no more than poverty-level wages. Policymakers and citizens alike agree that declining real wages and constrained spending among such a large segment of workers imperil economic prosperity and living standards for all Americans. Though many policies to assist low-wage workers have been proposed, there is little agreement across the political spectrum about which policies actually reduce poverty and raise income among the working poor. What Works for Workers provides a comprehensive analysis of policy measures designed to address the widening income gap in the United States. Featuring contributions from an eminent group of social scientists, What Works for Workers evaluates the most high-profile strategies for poverty reduction, including innovative “living wage” ordinances, education programs for African American youth, and better regulation of labor laws pertaining to immigrants. The contributors delve into an extensive body of scholarship on low-wage work to reveal a number of surprising findings. Richard Freeman suggests that labor unions, long assumed to be moribund, have a fighting chance to reclaim their historic redistributive role if they move beyond traditional collective bargaining and establish new ties with other community actors. John Schmitt predicts that the Affordable Care Act will substantially increase insurance coverage for low-wage workers, 38 percent of whom currently lack any kind of health insurance. Other contributors explore the shortcomings of popular solutions: Stephanie Luce shows that while living wage ordinances rarely lead to job losses, they have not yet covered most low-wage workers. And Jennifer Gordon corrects the notion that a path to legalization alone will fix the plight of immigrant workers. Without energetic regulatory enforcement, she argues, legalization may have limited impact on the exploitation of undocumented workers. Ruth Milkman and Eileen Appelbaum conclude with an analysis of California’s paid family leave program, a policy designed to benefit the working poor, who have few resources that allow them to take time off work to care for children or ill family members. Despite initial opposition, the paid leave program proved more acceptable than expected among employers and provided a much-needed system of wage replacement for low-income workers. In the wake of its success, the initiative has emerged as a useful blueprint for paid leave programs in other states. Alleviating the low-wage crisis will require a comprehensive set of programs rather than piecemeal interventions. With its rigorous analysis of what works and what doesn’t, What Works for Workers points the way toward effective reform. For social scientists, policymakers, and activists grappling with the practical realities of low-wage work, this book provides a valuable guide for narrowing the gap separating rich and poor.
Author: Arne L. Kalleberg
Publisher: Russell Sage Foundation
Published: 2011-06-01
Total Pages: 309
ISBN-13: 1610447476
DOWNLOAD EBOOKThe economic boom of the 1990s veiled a grim reality: in addition to the growing gap between rich and poor, the gap between good and bad quality jobs was also expanding. The postwar prosperity of the mid-twentieth century had enabled millions of American workers to join the middle class, but as author Arne L. Kalleberg shows, by the 1970s this upward movement had slowed, in part due to the steady disappearance of secure, well-paying industrial jobs. Ever since, precarious employment has been on the rise—paying low wages, offering few benefits, and with virtually no long-term security. Today, the polarization between workers with higher skill levels and those with low skills and low wages is more entrenched than ever. Good Jobs, Bad Jobs traces this trend to large-scale transformations in the American labor market and the changing demographics of low-wage workers. Kalleberg draws on nearly four decades of survey data, as well as his own research, to evaluate trends in U.S. job quality and suggest ways to improve American labor market practices and social policies. Good Jobs, Bad Jobs provides an insightful analysis of how and why precarious employment is gaining ground in the labor market and the role these developments have played in the decline of the middle class. Kalleberg shows that by the 1970s, government deregulation, global competition, and the rise of the service sector gained traction, while institutional protections for workers—such as unions and minimum-wage legislation—weakened. Together, these forces marked the end of postwar security for American workers. The composition of the labor force also changed significantly; the number of dual-earner families increased, as did the share of the workforce comprised of women, non-white, and immigrant workers. Of these groups, blacks, Latinos, and immigrants remain concentrated in the most precarious and low-quality jobs, with educational attainment being the leading indicator of who will earn the highest wages and experience the most job security and highest levels of autonomy and control over their jobs and schedules. Kalleberg demonstrates, however, that building a better safety net—increasing government responsibility for worker health care and retirement, as well as strengthening unions—can go a long way toward redressing the effects of today’s volatile labor market. There is every reason to expect that the growth of precarious jobs—which already make up a significant share of the American job market—will continue. Good Jobs, Bad Jobs deftly shows that the decline in U.S. job quality is not the result of fluctuations in the business cycle, but rather the result of economic restructuring and the disappearance of institutional protections for workers. Only government, employers and labor working together on long-term strategies—including an expanded safety net, strengthened legal protections, and better training opportunities—can help reverse this trend. A Volume in the American Sociological Association’s Rose Series in Sociology.
