Wednesday, September 18, 2013
Orly Lobel (San Diego) is about to release (on Sept. 30, 2013) her new book through Yale University Press: TALENT WANTS TO BE FREE: Why We Should Learn to Love Leaks, Raids, and Free-Riding (Amazon link where to find book).From the press release:In today’s fiercely competitive business environment, the “War for Talent” is one of the most significant organizational challenges of the decade. The term, coined by McKinsey & Company in 1997, describes an increasingly competitive landscape for recruiting and retaining talented employees in our innovation-driven economy. Today, the talent wars have become characterized by a singular factor: the control of human capital, or, people and the knowledge they carry. The belief is that if an organization can control these assets – that is, if Google, for example, can prevent its employees from defecting to Facebook, taking critical skills knowledge with them – it will acquire an advantage and become a top player in the industry.But in her new book, TALENT WANTS TO BE FREE: Why We Should Learn to Love Leaks, Raids, and Free-Riding (Yale University Press; hardcover; September 24, 2013), University of San Diego Law Professor Orly Lobel argues that we’ve got the logic all wrong. Far from promoting innovation, too much control of talent – through tactics such as harsh non-compete agreements and strict protection of trade secrets, patents, and copyright – backfires and ultimately stifles the very innovation that organizations so desperately seek. Drawing on original research into motivating employee creativity, analysis of recent litigation, and empirical data from economics, psychology, and network science, Lobel explores how the ways in which we fight over talent can either enhance or inhibit the innovative spirit of an organization. Based on her research, as well as well as her experiences consulting for businesses, inventors and entrepreneurs, Lobel offers leaders a new paradigm for managing people and their ideas in the 21st century.
Looks to be a great and timely read and makes a persuasive argument why restrictive covenants in employment may be squelching worker innovativation America needs to complete in the global economy of the 21st Century. Pick up a copy!
Thursday, September 5, 2013
Laura Cooper (Minnesota) writes to say:
For those who have been awaiting a new edition of the authoritative and insightful hornbook, Basic Text on Labor Law: Unionization and Collective Bargaining by Professors Robert A. Gorman and Matthew W. Finkin, you should know that the new edition is out and even better than its predecessors. The new version comes from Juris Publishing and is titled Labor Law Analysis and Advocacy. In addition to the excellent analysis of the predecessor hornbooks, this new book includes not just substantive updating but also commentary from two experienced labor attorneys (management attorney Lawrence J. Cazza and union attorney David A. Rosenfeld) who have inserted in boxes throughout the book relevant advocacy and planning advice for attorneys representing unions and employers.
Friday, July 26, 2013
Sandra Sperino (Cincinnati) writes to remind us that Susan Grover (William & Mary), Jarod Gonzalez (Texas Tech) and herself created a free statutory supplement for employment discrimination law courses.
The statutory supplement contains relevant portions of Title VII, the ADEA, the ADEA, section 1981, section 1981(a), the Civil Rights Act of 1991, the Congressional Accountability Act, the Equal Pay Act and Fair Labor Standards Act (provisions related to employment discrimination), the FMLA, the Federal Arbitration Act, GINA, IRCA and the Portal-to-Portal Act.
The authors give permission for this supplement to be used with attribution for any educational purpose, as long as the materials are provided to students for free or for copying costs. Instructors may also edit the available document to meet their course needs. The statutory supplement is available here in Word and pdf formats.
Bonus: the website also contains edited versions of Vance v. Ball State University and University of Texas Southwestern v. Nassar.
Tuesday, May 28, 2013
Onwuachi-Willig's New Book: According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family
Congratulations to worklaw prof Angela Onwuachi-Willig (Iowa) on the publication of her new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family (Yale University Press 2013).
Angela presented one of her chapters of the book to the Marquette Law faculty as part of our Faculty Workshop series and it really was quite captivating. Although the book focuses on issues surrounding family law, it also provides insights into many area of civil rights and work law as well. Here is the press release.
Wednesday, April 10, 2013
Craig C. Martin & Amanda S. Amert, ERISA Benefits Litigation Answer Book (PLI 2013). Here's the publisher's notes:
The 1974 enactment of [ERISA] brought to the federal courts an array of claims that had previously been decided under a patchwork of state and local laws. The many subsequent changes in employee retirement options and the resulting federal regulations have created a complex legal web for attorneys to navigate. The newly published ERISA Benefits Litigation Answer Book 2013 provides a comprehensive overview of this important area. Using a straightforward Q&A format, it describes the:
- Causes of action under ERISA
- Types of actions allowed in federal court, including class actions
- Fiduciary duties mandated under ERISA, and what constitutes a breach
ERISA Benefits Litigation Answer Book 2013 fully describes the legal requirements of, defenses to, and unique aspects of each of the following types of litigation that is brought under the Act: stock drop, ESOP, cash balance plan, prohibited transaction, fee, recovery of benefits due under a plan, multi-employer plan, managed care plan, and discrimination and interference with benefits rights. In addition, this comprehensive volume provides separate chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.
Tuesday, April 9, 2013
Congratulations to Seth Harris, Joe Slater, Anne Marie Lofaso, and David Gregory on the publication of their book Modern Labor Law in the Private and Public Sectors: Cases and Materials (LexisNexis, June 2013). Here's the publisher's description:
Modern Labor Law in the Private and Public Sectors: Cases and Materials presents a truly modern approach to labor law in the United States. It incorporates two modern trends in labor law: the shift of union density from the private-sector to the public-sector and the growth of organizing outside the NLRA process. The book incorporates both these modern trends, so students entering the practice of labor law - on the side of unions, employers, or government agencies - will understand what they are likely to encounter.
Modern Labor Law in the Private and Public Sectors: Cases and Materials is structured around the life cycles of the organizing and collective bargaining processes. Each chapter in the book begins with cases and materials relating to private-sector workers and also includes materials relating to the same issue in the context of public-sector employment. During the course of writing, the authors continually updated the content to reflect the changes in public-sector labor laws in several states and the new debates over policy.
Friday, April 5, 2013
Regulating the Employment Relationship in Europe: A guide to Recommendation No. 198 (April 2, 2013).
Over the recent years, there have been increasing developments at the European level regarding the employment relationship in legislation, case law, collective agreements and soft law. In this context, the ILO, and in particular the then Industrial and Employment Relations Department (DIALOGUE) undertook a strategic partnership with the European Labour Law Network (ELLN), a network of independent legal experts from all European Union Member States and European Economic Area countries, to produce an updated version of the 2007 annotated Guide with a specific focus on European countries.
Saturday, March 9, 2013
Rethinking Workplace Regulation: Beyond the Standard Contract of Employment
Editors: Katherine V.W. Stone and Harry Arthurs
(Russell Sage Foundation Press, 2013)
Contributors: Takashi Araki, Harry Arthurs, Thomas Bredgaard, Bruno Caruso, Alexander J.S. Colvin, Mark Freedland, Morley Gunderson, Thomas Haipeter, John Howe, Robert Kuttner, Julia Lopez Lopez, Keisuke Nakamura, Michio Nitta, Anthony O’Donnell, Michael Rawling, Ida Regalia, Katherine V.W. Stone, Kendra Strauss, Julie Suk, and
This volume, composed of chapters by leading scholars from ten countries representing eight disciplines, addresses the impact of globalization, technological change, new management HR strategies, and the financial crisis on the nature of employment relationships in advanced economies. It takes as it premise the fact that the employment relationship has undergone a profound transformation in the past 20 years. For most of the 20th century, employment was built around the standard employment contract, a social practice as well as a legal construct that assumed that workers would be employed with a single firm for an extended period of time, and that they would be provided with decent wages and benefits, and given reliable advancement opportunities within their employer’s internal labor market. That assumption has become untenable. Today many employers have found it to their advantage to outsource work and to reduce their core labor force by utilizing new recruits or temporary workers. They seek to lower labor costs by curtailing pay and benefits and breaking the link between pay and length of service. They are also expanding the use of “project work,” bringing in specialized skilled workers on an as-needed basis rather than developing skills in their own workforce. As a result, precarious employment is becoming common as workers move from the standard employment contract to temporary, part-time and agency work or to self-employment. These developments are documented in an appendix that brings together data from international and domestic sources.
The changes in the nature of employment have undermined many public policies and labor market practices that developed before and after the Second World War. In most industrial countries, collective bargaining arrangements, employment laws, workplace pensions, social security, health insurance and other social benefits assumed that workers will remain with a single employer for a protracted period. Job security has been typically protected through seniority and notice provisions and/or prohibitions against arbitrary or unjust dismissal, and workers have been insulated from the consequences of unemployment through a contributory insurance system. Finally, unions in most countries organize workers on a firm or sectoral basis, on the assumption that their members’ employment with the firm or within a sector is stable and on-going.
In response to the transformation in the nature of employment relations, many countries are experimenting with new regulatory responses to try to balance workers’ security with firms’ demand for flexibility. These experiments include “flexi-curity” strategies, new schemes of social protection, revised legal concepts of contract, innovative approaches to union organization and firm-based “total HR management”, and regional initiatives to stabilize local labor markets. This volume reports on some of these recent experiments, many of which are too new to have proven themselves. Moreover, they have been conducted in specific national contexts that it may be difficult to replicate elsewhere. Nonetheless, an important finding of our project is that some new labor regulatory and labor market policies are developing and that it is important for national policy makers to inform themselves about how other countries are addressing quite similar problems. Hopefully, new ideas derived from cross-national comparisons will inspire them to try things that are not part of mainstream thinking in their own country.
Friday, November 2, 2012
I posted yesterday on Rachel Arnow-Richman's chapter in an upcoming book, and she responded by suggesting -- rightly so -- that we post as well on the book as a whole. The book is Cynthia L. Estlund (NYU) & Michael Wachter (U. Penn.), Research Handbook on the Economics of Labor and Employment Law (Edward Elgar Publishing forthcoming February 2013). Here's the publisher's description:
This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume’s 17 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims.
Contributors include: R. Arnow-Richman, S. Deakin, Z. Eigen, R. Epstein, C. Estlund, S. Estreicher, B. Hirsch, A. Hyde, S. Issacharoff , C. Jolls, B. Kaufman, M. Kleiner, B. Sachs, E. Scharff, S. Schwab, M. Wachter, D. Weil.
Tuesday, October 23, 2012
Ronald D. Brown sends us word about his new and timely book: Dying on the Job: Murder and Mayhem in the Workplace (press release flyer here).
From the press release:
Dying on the Job is the first book on workplace violence to focus exclusively on workplace murder. While some perpetrators are certainly mentally impaired, many workplace murders are committed by people considered to be “normal.” Brown explores the various motives and drives that spark workplace murder, and answers hundreds of questions that are usually asked only after a workplace murder rampage has already occurred.
Are men or women more likely to commit workplace homicide? How can people more easily spot those likely to commit workplace murder? What are some of the warning signs? How often is "suicide" used as workplace revenge? The answers to these questions and more are based on more than 350 actual cases of workplace murder, and the answers are often surprising.
Brown also addresses different areas of prevention, counseling, and rehabilitation, and analyzes different approaches to gun control for both management and employees to make their job a safer place to work.
The praise that this book has received from top names in the labor and employment law field like Bill Gould, Cindy Estlund, and Lance Liebman, strongly suggest that it is a book well worth a read. Check it out!
Saturday, August 4, 2012
Most businesses see HR departments (as they do law departments) as necessary evils that support the overall business mission. The premise of HR from the Outside In is that HR departments should add value to the business mission itself, for example, by championing innovation and technology throughout the company.
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.