Friday, April 27, 2012
Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case, edited by Fay Faraday, Judy Fudge and Eric Tucker (Irwin Law 2012). Here's a description:
On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. This collection of original essays untangles the two stories that are intertwined in the Fraserdecision—the story of the farm workers and their union’s attempt to obtain rights at work available to other working people in Ontario, and the tale of judicial discord over the meaning of freedom of association in the context of work. The contributors include trade unionists, lawyers, and academics (several of whom were involved in Fraser as witnesses, parties, lawyers, and interveners). The collection provides the social context out of which the decision emerged, including a photo essay on migrant workers, while at the same time illuminating Fraser’s broader jurisprudential and institutional implications.
Friday, March 16, 2012
Congratulations to Ron Brown (Hawaii) who has a new book coming out this month that deals with international labor law practice and the comparative aspects of labor and employment laws in Japan, China, and South Korea. The book is entitled: East Asian Labor and Employment Law: International and Comparative Context. While a general read, Ron tells us that he used it this semester in his Asian Labor Law class.
Here is a description from the publisher:
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers’ rights, trade unions, and dispute resolution).
The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.
I have read an initial draft of this book and believe it is an original contribution to this important area of study. Pick up a copy. Here is a link to the brochure on the book, with ordering instructions.
Wednesday, March 7, 2012
On behalf of her co-authors, Susan Bisom-Rapp (Thomas Jefferson School of Law) announces the publication on March 14th of the Second Edition of The Global Workplace – International and Comparative Employment Law: Cases and Materials.
The authorial team is the same as the First Edition: Roger Blanpain, Susan Bisom-Rapp, Bill Corbett, Hilary Josephs, and Mike Zimmer. The second edition will appear in the U.S. as an Aspen publication and in Europe, it will appear under the Kluwer Law International imprint.
Susan tells us that one of big challenges of producing the Second Edition was grappling with the global economic crisis, which is therefore featured prominently in this edition. Of course, there have also been many legal changes since the first edition was published in 2007. The authors have also completed the Teacher’s Manual, which runs about 250 pages.
You can find the Aspen press release here.
I used the First edition on numerous occasions for both teaching and research purposes and have always found it a great help in assisting my understanding of how the labor and employment law regimes of other countries operate. I look forward to seeing the new edition.
Thursday, December 1, 2011
From slave rebellions, to the Lowell Mill girls, to Wisconsin and the Tea Party; this book tells the stories of law and legal action inevitably intersecting the collective actions of workers, in triumph or in anguish, over all of United States history.
Most people assume labor actions are carried out through trade unions and, therefore, that the relevant law of labor is the regulation of a particular form of collective bargaining between the representatives of workers (unions) and the representatives of owners (management). Neither assumption is accurate. It is striking to discover that most of the key labor struggles described in this book started either spontaneously among a group of workers, or at least began out in front of a sometimes unprepared or skeptical national union leadership that had to catch up to its members. Labor has at different times chosen strategies well beyond bargaining backed by strikes, including: consumer information (the union label); boycotts; picketing; small scale and ad hoc control over the tools, speed, and process of work; occupation of industrial plants; cooperative ownership; civil rights actions; independent and/or party politics; mass exodus; or even rebellion.
Wednesday, July 6, 2011
Anne Kreamer, a former executive vice president at Nickelodeon and part of the founding team of Spy magazine, has published It’s Always Personal: Emotion in the New Workplace. Michelle Singletary reviews the book here for the Washington Post. Singletary writes that the book is about "what should be the rules and boundaries for showing how you feel while you work?". Singletary points out that Kreamer teamed up with advertising firm J. Walter Thompson to commission a poll to get perceptions on what leads to emotional incidents at work. The survey found:
- Nearly three in four respondents said they felt frustrated on the job.
- Forty-two percent of young men believed that anger could be an effective management tool. Only 23 percent of women felt that way.
- An overwhelming majority of workers said they had witnessed their bosses get angry about something.
- Women cry on the job more than men. Forty-one percent of women said they have cried at work, compared with just 9 percent of men. But because women are often embarrassed when the tears come, they are also the most critical of workplace weeping, Kreamer’s research shows. And yet, she says just about every woman she spoke with during her research admitted to having cried at work. And they all wished they hadn’t.
Hat tip: ADR Prof Blog.
Tuesday, July 5, 2011
William Gould (former chairman of the NLRB and professor emeritus at Stanford Law) has published: Bargaining with Baseball: Labor Relations in an Age of Prosperous Turmoil. (A link to the order form for the book can be found here).
From the press release:
In 1995, William B. Gould, IV, then chairman on the Nationa Labor Relations Board, cast the deciding vote to obtain the injunction that ended the longest strike in baseball history. Sixteen years of peaceful relations between baseball labor and management have followed, as well as unprecedented prosperity in a relationship that previously endured 30 years of strikes and lockouts. This study, which clearly illustrates the practical impact of law on America's pastime, considers the full, 140-year sweep of labor-management relationships and conflict, exploring player-owner disputes, the development of free agency, the collective bargaining process, and the racial integration of baseball, among other topics. It concludes with a discussion of the "steroids era," the problem with maintaining Jackie Robinson's legacy in the 21st century, and globalization.
As one lifelong fan of the game to another, I look forward to reading Bill's book and to my Phillies besting Bill's Red Sox in this year's World Series!
Monday, June 20, 2011
Congratulations to Douglas Ray, Calvin Sharpe, and Robert Strassfeld on the publication of the third edition of their Understanding Labor Law book (LexisNexis 2011). Note that the photo, left, is of the second edition -- though LexisNexis has the third edition up on its website, it's still using the photo of the second edition.
Monday, June 13, 2011
The Regulating for Decent Work Network has just published Regulating for Decent Work: New Directions in Labour Market Regulation, edited by Sangheon Lee (International Labour Office) and Deirdre McCann (University of Manchester) (Palgrave/ILO 2011).
The book is the first edited volume from the work of the Network. It is drawn from contributions to the inaugural RDW Conference, which was held at the International Labour Office, Geneva in July 2009.
Here's information on the 2nd Conference on Regulating for Decent Work: Regulating for a Fair Recovery (RDW), 6-8 July 2011
Wednesday, May 25, 2011
Congratulations to editors Guy Davidov (Hebrew U. Jerusalem) and Brian Langille (Toronto) on the publication of their book (Oxford U. Press) The Idea of Labour Law. There is a tremendous cast of chapter authors on this book -- too many to list in this post, but they are listed on this flyer (which also entitles the reader to a 20% discount on the book). Here's the publisher's description:
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.
Wednesday, April 13, 2011
Congratulations to Arthur Smith (Ogletree Deakins), Charles Craver (GWU), and Ronald Turner (Houston) on the publication of the seventh edition of their casebook Employment Discrimination Law: Cases and Materials. The Lexis link to the book apparently is not yet up.
Tuesday, April 12, 2011
Congratulations to Carrie Basas, Rebecca Williford, and Stephanie Enyart on the publication of their new book: Lawyers, Lead On: Lawyers with Disabilities Share Their Insights (ABA 2011).
From the press release:
Lawyers, Lead On: Lawyers with Disabilities Share Their Insightsis an inspiring collection of letters of encouragement and advice from lawyers with disabilities. The book features authors with a range of experiences that honor different perspectives on work and disability, including people with non-apparent disabilities, people of color, women, LGBT lawyers, older lawyers, and others. Their moving stories help foster a cross-disability community and offer hope and encouragement to students, young lawyers and all who face adversity in the legal profession.
Chapter 1: The Transition to Law School
Chapter 2: Disability and Disclosure
Chapter 3: Disability Identity
Chapter 4: The Foundation of a Meaningful Career
Chapter 5: Awareness Building in the Profession
Chapter 6: Reflections on the Disability Rights Movement
I am particularly looking forward to reading Paul Miller's contribution to this book.
Monday, March 28, 2011
Congratulations to Mark Rothstein (Louisville) and Lance Liebman (Columbia) on the publication of the seventh edition of their casebook Employment Law Cases and Materials. Here's the editor's description:
This popular casebook provides a comprehensive overview of the constitutional, statutory, regulatory, and common law principles of employment law. The doctrinal development of the law is assessed in light of contemporary economic, technological, social, and political conditions. The new edition contains a detailed discussion of health care reform legislation and the role of employers in financing and administering employee health plans. It also considers such important issues as sexual harassment, workplace privacy, wrongful discharge, and employee pensions. Among the statutes covered by the casebook are Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income Security Act, and Worker Adjustment and Retraining Notification Act.
Friday, March 25, 2011
Congratulations to Tim Glynn (Seton Hall), Rachel Arnow-Richman (Denver), and Charlie Sullivan (Seton Hall) on the publication of the second edition of their book Employment Law Private Ordering and Its Limitations. Here's the publisher's description:
Employment Law: Private Ordering and Its Limitations, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and questions examine the laws that are intended to balance the competing interests and contractual obligations between employer and employee. Problem exercises encourage students to think creatively about how best to protect the interests of workers or employers. Practitioner exercises in planning, drafting, advising, and negotiating develop transactional lawyering skills.
Monday, February 14, 2011
When I'm not teaching, writing, reading, or occasionally blogging, I'm lucky enough to get to work on every issue of the Employee Rights and Employment Policy Journal. I've learned so much by working on the articles published in this really excellent peer review specialty journal, but I rarely get the chance to post about them before the issue comes out. The issue we will send out this June is an exception.
In this issue, Susan Bisom-Rapp (Thomas Jefferson) organized a symposium on Decent Work in a Post-Recessionary World, and assembled a great group of articles on the subject. Here's a little preview:
- Janice R. Bellace (Penn’s Wharton School) examines the connection between “decent work,” as expressed in the ILO's 2008 Declaration and 1998 Declaration of Fundamental Principles and Rights at Work, tracing the ILO’s commitment to social justice back to its founding, demonstrating that the agency’s purposes and goals serve as a link between the human rights principles expressed in the 1998 Declaration and the proactive stance of the ILO’s decent work program, which provides a foundation for sustainable economic recovery.
- Roger Blanpain (University of Leuven (Belgium) and University of Tilburg (the Netherlands)), provides a perspective from Brussels, the capital of the European Union (EU), reviewing EU efforts to promote the goals and principles of decent work in a Europe reeling from the effects of the global economic crisis.
- Susan Bisom-Rapp (Thomas Jefferson), Andrew Frazer (University of Wollongong, New South Wales), and Malcolm Sargeant (Middlesex University Business School, London), employ decent work as a yardstick to examine how older workers fared during the global financial crisis and are faring during the recovery in Australia, the United Kingdom, and the United States.
- Michael J. Zimmer (Loyola, Chicago), tackles the long-standing, global decline of the trade union movement and its connection to global increases in income inequality, the latter a central concern of the decent work agenda.
- Peggie R. Smith (Wash. U)examines the regulatory challenges associated with securing decent work for an economically-marginalized group, those laboring in domestic service, providing both a global and local focus
- Timothy P. Glynn (Seton Hall) writes about decent work and workplace law enforcement at a time in which many US corporations have imported a central characteristic of globalization – shifting production or services to independent thirdparty suppliers.
The symposium is an excellent introduction to international and comparative labor law, and explores many incredibly important questions surrounding the standards of living and working made more complicated by the global recession. We all should be thinking about these things if we're not already. Look for the issue to hit your local library sometime in June.
Tuesday, January 18, 2011
Duru's Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL
Congratulations to Jeremi Duru (Temple) on the publication of his impressive new book: Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL (Oxford University Press).
From the press release:
Two days before Super Bowl XLI in 2007, the game’s opposing head coaches posed with the trophy one of them would hoist after the contest. It was a fairly unremarkable event, except that both coaches were African American--a fact that was as much of a story as the game itself. Head coaching in the NFL had long been a whites-only business, and just a few years earlier such a matchup was unthinkable. In 2002, however, two lawyers, Cyrus Mehri and Johnnie Cochran, together with a few grizzled NFL veterans, began a movement that would expand opportunities for coaching aspirants of color in the NFL and ultimately transform the League’s racial landscape.
Featuring an impassioned foreword by Coach Tony Dungy, Advancing the Ball offers an eye-opening, first-hand look at how a few committed individuals initiated a sea change in America’s most popular sport and added an extraordinary new chapter to the civil rights story.
More information on the book is available at www.advancingtheball.com. I look forward to reading this fascinating book. Everyone should check it out!
Thursday, January 13, 2011
Giuseppe Casale, Ed., The Employment Relationship: A Comparative Overview (Hart Publishing 2011). Here's the publisher's description:
The issue of who is or is not in an employment relationship has become problematic in recent decades as a result of major changes in work organization as well as in the adequacy of legal regulation in adapting to such changes. In different parts of the world there is increasing difficulty in establishing whether or not an employment relationship exists in situations where the respective rights and obligations of the parties concerned are not clear, where there has been an attempt to disguise the employment relationship, or where inadequacies or gaps exist in the legal framework or in its interpretation or application. Vulnerable workers appear to suffer most in these situations. At the same time, social partners and labour administrators have emphasized that globalization has increased the need for protection against circumvention of national labour legislation by contractual and/or other legal arrangements.
The employment relationship is under ever-closer scrutiny, not only by labour lawyers, but also by workers, employers and the judiciary. Changes in the world of work have modified traditional notions of the employment relationship. These changes in the ‘standard employment relationship’ shape the scope of protection and application of labour legislation and automatically affect the way labour law is implemented.
This book presents the ways the scope of labour legislation applies to the realm of the employment relationship. Terms, notions, definitions, laws and practice in the various regions of the world are herein reported.
Tuesday, December 14, 2010
Philip Dray, There is Power in a Union: The Epic Story of Labor in America (Random House 2010), available at Amazon. Here are notes from the publisher:
From the textile mills of Lowell, Massachusetts, the first real factories in America, to the triumph of unions in the twentieth century and their waning influence today, the contest between labor and capital for their share of American bounty has shaped our national experience. Philip Dray’s ambition is to show us the vital accomplishments of organized labor in that time and illuminate its central role in our social, political, economic, and cultural evolution. There Is Power in a Union is an epic, character-driven narrative that locates this struggle for security and dignity in all its various settings: on picket lines and in union halls, jails, assembly lines, corporate boardrooms, the courts, the halls of Congress, and the White House. The author demonstrates, viscerally and dramatically, the urgency of the fight for fairness and economic democracy—a struggle that remains especially urgent today, when ordinary Americans are so anxious and beset by economic woes.
Philip Dray is the author of At the Hands of Persons Unknown: The Lynching of Black America, which won the Robert F. Kennedy Book Award and made him a Pulitzer Prize finalist, and Stealing God’s Thunder: Benjamin Franklin’s Lightning Rod and the Invention of America, and the coauthor of the New York Times Notable Book We Are Not Afraid: The Story of Goodman, Schwerner, and Chaney, and the Civil Rights Campaign for Mississippi. He lives in Brooklyn.
Hat tip: Carol Furnish.
Friday, December 3, 2010
Congratulations to Colin Fenwick (Melbourne L.S.) and Tonia Novitz (U. Bristol) on the publication of their book Human Rights at Work: Perspectives on Law and Regulation (Hart Publishing, Oxford, 2010). Here are the publisher's notes:
Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy.
The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.
The publisher has graciously agreed to give readers of Workplace Prof Blog a 20% discount on orders of the book. To receive the discount, type ‘HRW’ in the special instructions field when ordering online. The discount will not show up on the order confirmation but will be applied when the order is processed.
Wednesday, November 17, 2010
Congratulations to Susan Grover (William & Mary), Sandra Sperino (Temple, en route to Cincinnati), and Jarod Gonzalez (Texas Tech) on the impending publication of their casebook Employment Discrimination: A Context and Practice Casebook (Carolina Academic Press, forthcoming December 2010). Here are the publisher's notes:
Students will be better prepared for professional life if they leave law school with an ability to conceptualize legal theory, a sensitivity to the contexts in which legal rules operate and a concrete understanding of the lawyer's role as a professional problem solver. While retaining the methods used in traditional legal education, this text uses numerous exercises designed to engage students beyond the realm of traditional legal reasoning and to develop a core skill set crucial to employment discrimination attorneys.
Tuesday, October 26, 2010
West Publishing has just announced a December publication date for the 4th edition of Ken Dau-Schmidt, Robert Covington, & Matt Finkin, Legal Protection for the Individual Employee (the photo is of the 3d edition). Here's the publisher's description:
This book is intended for courses on the individual rights of workers in the employment relationship, independent of courses on the law governing collective bargaining or employment discrimination. It can be used for one three credit survey course on employment law, or for two related courses on employment law and employee benefits, each of two credits. The book covers the full range of employment law subjects from pre-employment screening, individual employment contracts, the employment at-will doctrine, exceptions to the employment at–will doctrine, obligations of employees, monitoring and control of employees, the regulation of pay and hours of work (FLSA), the regulation of occupational safety and health (OSHA), state and federal regulation of workers compensation, unemployment compensation, and the regulation of employee benefits (ERISA). The book has been substantially updated from the last issue to facilitate teaching and to include such topics as: the Genetic Information Non-discrimination Act (GINA), employee privacy issues in the new information technology, the proposed restatement of employment law, and recent enactments in unemployment compensation and health care. Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, sociological and economic perspectives. Efforts were also made to include relevant empirical evidence on important employment law questions. A recurring theme in the book, especially in the introductory chapter and the chapters on individual employment contracts, is the historical tension in the United States between legal ideologies of “free labor,” i.e., of the law as conducing toward freedom in the contracting which is indifferent to outcome or of the law as conducing toward outcomes that conduce toward equality and fairness.