Sunday, May 1, 2016
I'm in Hong Kong this week (with Marley Weiss) for the ABA International Labor/Employment Law Conference. It's early in the conference yet, but I have been struck by how much of the discussion so far has focused on how labor/employment law in Southeast Asia is predicted on the existence, or lack thereof, of the rule of law.
As just one example, Beijing would say that PRC has the rule of law, but would define "rule of law" very differently than we would -- in China, law exists to facilitate the Communist Party's social and political control of the country. Labor/employment "law" fits within this framework.
Hong Kong is different. Because it was a British colony until 1999, the rule of law here is firmly entrenched -- and Hong Kong provides a potent counter-example to the PRC's public position that "Western" rule of law principles are incompatible with Chinese cultural norms. But notwithstanding Beijing's technical sovereignty over Hong Kong, Beijing not only tolerates Hong Kong's relative autonomy and the continued rule of law, but actively encourages rule of law initiatives in the territory, and encourages Chinese companies to do business here. Hong Kong is a key intermediary between PRC and the West not so much because of its physical location and port facilities, but because Western companies are much more willing to contract here with Chinese companies because contracts are enforceable by an independent judiciary.
Wednesday, March 23, 2016
Gillian Lester (Columbia) writes to tell us of the upcoming conference Philosophical Foundations of Labour Law, which will be held June 16-17, 2016 at the UCL Faculty of Laws, Senate House, Malet Street, London WC1. This conference brings together leading labour law scholars (and, I'm excited to say, a terrific mix of established and emerging scholars!) from around the world to explore the broad themes of:
A complete list of speakers is provided after the page break. The size of the event is strictly limited to 65 people to encourage discussion. Registration is required. Doctoral students with an interest in this topic are particularly welcome to attend. Doctoral students should write to the conference administrator Lisa Penfold to learn about available discounts. The conference has been convened by Dr. Virginia Mantouvalou (UCL), Professor Hugh Collins (Oxford), and Professor Gillian Lester (Columbia Law School).
Wednesday, March 2, 2016
On behalf of the ILO, please note that two (2) positions in the field of labour law and international labour law were recently advertised. One is in Geneva, and the other in Santiago de Chile. The closing date for applications is 31 March. Further details can be found here: https://erecruit.ilo.org/public/
Friday, December 18, 2015
Congratulations to Adelle Blackett (McGill) and Anne Trebilcock (University of Paris and Georg-August University, German), editors, on the publication by Edward Elgar Publishing of Research Handbook on Transnational Labour Law. Here's the publisher's description:
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
And here's a more-detailed description of the Handbook, with a special price discount.
Thursday, December 17, 2015
Friend of the blog and Southeastern Association of Law Schools Labor and Employment Law Workshop organizer extraordinaire Michael Green (Texas A & M) sends along this call for papers for the 2016 SEALS annual conference:
The Southeastern Association of Law Schools(SEALS) is pleased to host the fourth annual “New Voices in Labor and Employment Law” program during the 2016 SEALS Annual Meeting in Amelia Island, Florida. This year we have extended the program to also include “Existing Voices in Labor and Employment Law.” The purpose of this works-in-progress program is to give junior and existing scholars feedback on papers from senior scholars before the upcoming submission cycle. We are seeking submissions from labor and employment law scholars with five or fewer years of full-time teaching experience (not counting the 2015-16 academic year) and will also consider drafts from existing labor and employment scholars regardless of experience.
Submissions should be drafts of papers relating to labor and employment law that will be near completion by the time of the SEALS meeting held August 3-9, 2016. To be considered for participation in the program, please send an email to Professor Michael Z. Green, Texas A&M University School of Law, at email@example.com and firstname.lastname@example.org by 5:00 p.m. E.S.T., Monday, January 11, 2016. In your email, please include the title of your paper, a short description of the context (e.g., “Disparate Impact after Dukes”), and a full abstract. Full-time faculty members of SEALS member or affiliate member schools, who have been teaching labor and employment law courses for five or fewer years as of July 1, 2015, will be given a preference in the selection of those contacted to submit final papers but we hope that labor and employment scholars with even more experience will submit papers as well.
To ensure enough time for adequate feedback, space will be limited to 6 participants; additional registrants will be placed on a waiting list and invited to participate on a space available basis. Those individuals accepted into the program must submit a complete draft by 5:00 p.m. E.S.T., Friday, June 10, 2016. Please submit your drafts electronically to the email addresses above. The draft should be accompanied by a cover letter with the author’s name, contact information, and confirmation that the submission meets the criteria in this call for papers.
Submissions are limited to a maximum 40,000 word limit (including footnotes). Papers can be committed for publication prior to their submission as long as they are not actually scheduled to be printed prior to August 9, 2016. Each professor may submit only one paper for consideration. No papers will be accepted after the deadline and the submission of an incomplete draft may limit participation in this workshop. Paper commentators may include Professors Brad Areheart (Tennessee), Anthony Baldwin (Mercer), Richard Bales (Ohio Northern), Scott Bauries (Kentucky), Theresa Beiner (Arkansas-Little Rock), Miriam Cherry (St. Louis), Brian Clarke (Charlotte), Michael Green (Texas A&M), Wendy Greene (Samford), Stacy Hawkins (Rutgers Camden), Jeff Hirsch (North Carolina), Nancy Levit (Missouri-Kansas City), Natasha Martin (Seattle), Marcia McCormick (St. Louis), Angela Onwuachi-Willig (Iowa), Elizabeth Pendo (St. Louis), Nicole Porter (Toledo), Jessica Roberts (Houston), Veronica Root (Notre Dame), Ani Satz (Emory), Paul Secunda (Marquette), Kerri Stone (Florida International), Michael Waterstone (Loyola), and others to be determined.
Please be aware that selected participants and commentators are responsible for their own travel and lodging expenses related to attending the SEALS Annual Meeting, including the SEALS registration fee. Any inquiries about the SEALS New and Existing Voices in Labor and Employment Law Program should be submitted to Professor Michael Green at the email above.
SEALS is a great conference because it is not overly formal, and people are quite approachable. Also, like many workshops in the labor and employment community, the commentators are usually supportive and really engaged. I always leave with more energy than I had when I arrived. We'll keep you posted on other programming as it's set.
December 17, 2015 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Wage & Hour | Permalink | Comments (0)
Saturday, August 29, 2015
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.
The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like “soft law” and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.
The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.
K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. Topo
Hat tip: Howard Fenton.
Tuesday, May 26, 2015
On the heels of Jeff's announcement of international labor conferences, Bernard Banks (Keily Thompson, New Zealand) writes to tell us of the LawAsia Employment Conference that will be held in Hanoi on 14 -15 August 2015. Here are the details:
The theme of the Hanoi conference is: Free Trade Agreements and Trans National Employment –Legal Implications, and following the formal opening and keynote address there will be seven business sessions provisionally entitled: employment impacts of FTAs –a regional overview; immigration issues in trans national employment; minimum terms and conditions –employment obligations in host countries; liability for workplace injuries to trans national employees –issues and case studies; cross border taxation issues for employers and employees; liability for actions in host countries – employee obligations and employer liability; and a concluding panel discussion and forum including an international round up of FTA employment issues and contributions from delegates. We are in close liaison with the Vietnam Bar Federation which has a co-hosting role.
Thursday, April 30, 2015
Susan Bisom-Rapp (Thomas Jefferson) sends along the annual call for papers for the 14thInternational Conference in Commemoration of Professor Marco Biagi and the Fifth Young Scholars’ Workshop in Labour Relations. The theme of the 2016 conference is Well Being At and Through Work, a topic that could not be more timely given the lingering effects of the global economic crisis on working people. In addition, in connection with the Young Scholars’ Workshop, this year the Foundation is awarding a Marco Biagi Prize, which will allow the author of the best paper to take up a three-month residence at the Foundation and comes with a prize of 3500 euros.
Tuesday, April 28, 2015
The annual Colloquium on Scholarship in Employment and Labor Law (COSELL) will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience.
Registration is now open at: http://www.law.indiana.edu/cosell.
If you’re planning to come, please go ahead and register now; you can fill in details about the project you will present later in the summer.
The conference is free, and we will provide all meals during the conference. Travel & hotel information is found on the website.
Please feel free to contact any of us with questions.
We will look forward to hosting you in Bloomington!
April 28, 2015 in About This Blog, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0)
Tuesday, March 31, 2015
Congratulations to blogger emeritus and our friend Paul Secunda (Marquette), who has been awarded a Senior Fullbright Scholar award for this fall. He will be teaching and conducting research on the national pension program in Australia. Paul will become a senior fellow at the Melbourne University Law School, teaching courses and conducting research on the Australian Superannuation workplace pension system, which is widely considered to be a global benchmark for workplace pension programs. You can get more detail from Marquette's press release. Great work, and wonderful news, Paul!
Wednesday, January 28, 2015
The Thirteenth International Conference in Commemoration of Professor Marco Biagi will take place on March 19 – 20, 2015. This year’s conference theme is “Employment Relations and Transformation of the Enterprise in the Global Economy.” This annual conference is organized by the Marco Biagi Foundation at the University of Modena and Reggio Emilia, Italy. The Conference will be preceded on March 18th by the Young Scholars’ Workshop in Labour Relations, also organized and hosted by the Marco Biagi Foundation. The Conference and Workshop programs are here.
Hat tip: Susan Bisom-Rapp. Susan is both a Conference and Workshop participant and serves on the Marco Biagi Foundation’s scientific committee and international council. She tells us that this will be her ninth consecutive year attending the event.
Wednesday, December 10, 2014
The Los Angeles Times has published a series of stories—“Product of Mexico,” by reporter Richard Marosi, with photos and video by Don Bartletti—on the harsh conditions faced by farm laborers in Mexico who work to supply tomatoes, cucumbers, and other fruits and vegetables for sale in US stores. Parts one and two of this four-part series are here and here.
Marosi and Barletti spent eighteen months traveling across nine Mexican states. They observed conditions at thirty farm labor camps, and interviewed “hundreds” of workers. They found that many farm labors “are essentially trapped for months at a time in rat-infested camps, often without beds and sometimes without functioning toilets or a reliable water supply.” Some growers withhold weekly wages (in violation of Mexican law) “to prevent workers from leaving during peak harvest periods.” And farm workers “often go deep in debt paying inflated prices for necessities at company stores.” Some go hungry. Others face the threat of violence.
They also conclude that although many US companies have “social responsibility guidelines” that preclude buying goods from suppliers that do not comply with minimum labor standards, those commitments are poorly enforced. That’s consistent with the general conclusion of some (e.g., Locke 2013) that, given complex cross-national supply chains, such private voluntary agreements are quite limited in their ability to ensure minimum labor standards.
Saturday, December 6, 2014
A zero-hour contract is a "contract" of employment creating an on-call arrangement between employer and employee and in which the employer asserts it has no obligation to provide any work for the employee. It's become common in the United Kingdom, and apparently is being "offered" to employees by many American-owned companies including McDonald's and Burger King. In many ways, it's similar to just-in-time scheduling that has become increasingly common in the U.S. retail/fast-food economy, except that in some weeks an employee many receive zero work hours.
Are zero hours contracts lawful? This note responds to the DBIS consultation on banning exclusivity clauses (August 2014). It asks the following: what is a zero hours contract? To what extent are zero hours contracts legal? Why have zero hours contracts spread? And finally, what is the right thing to do?
Bernard Banks (Kiely Thompson Caisley - New Zealand) informs us that the annual LawAsia Employment Conference (which he chairs) will be held May 15-16, 2015 in Ho Chi Minh City, Vietnam. If you are interested in presenting, contact Bernard. I attended this last year, and through the conference ended up collaborating with labor/employment practitioners from all over the world on an article (forthcoming Arizona J. Int'l & Comparative L.) on labor outsourcing. The conference is a great opportunity to see labor/employment issues from myriad perspectives, and to meet labor/employment folks from everywhere. If you're interested, let me know and I'll be happy talk with you.
Monday, December 1, 2014
Thanks to Monique Lillard (Idaho), chair of the AALS Labor Relations and Employment section and Natasha Martin (Seattle), chair of the AALS Employment Discrimination section for sending along the joint newsletter of the two sections for posting. Download it while it's hot: Download Joint Newsletter for AALS Sections
December 1, 2014 in Disability, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor and Employment News, Labor Law, Public Employment Law, Scholarship, Teaching, Wage & Hour | Permalink | Comments (0) | TrackBack (0)
Monday, October 6, 2014
The Southeastern Association of Law Schools holds its annual meeting every summer at the end of July/beginning of August, and planning for next year's programming has started. For the past several years, a workshop for labor and employment law has taken place over several of the days. Michael Green (Texas A & M) is helping to organize the workshop for next summer. If you are interested in participating, feel free to get in touch with him: email@example.com. Some suggestions already made include panels or discussion groups on whistleblowing, joint employer issues, termination for off-duty conduct (including recent NFL scandals), disability and UPS v. Young, and a junior scholars workshop.
One additional piece of programming already proposed is a discussion group on attractiveness issues in Employment Discrimination cases. Wendy Greene is helping to organize it, so get in touch with her if you are interested in participating on that topic.
And regardless of whether you get in touch with Michael or Wendy, you should think about proposing programming for the annual meeting if you are at all interested and regardless of the topic. The meeting is surprisingly (because of the lovely environs) substantive, and the environment is very relaxed and is designed to be egalitarian. Here are the details:
The SEALS website www.sealslawschools.org is accepting proposals for panels or discussion groups for the 2015 meeting which will be held at the Boca Raton Resort & Club http://www.bocaresort.com/ Boca Raton, Florida, from July 27 to Aug. 2. You can submit a proposal at any time. However, proposals submitted prior to October 31st are more likely to be accepted.
This document explains how to navigate SEALS, explains the kinds of programs usually offered, and lays out the rules for composition of the different kinds of programming: Download Navigating submission. The most important things the Executive Director emphasizes are these: First, SEALS strives to be both open and democratic. As a result, any faculty member at a SEALS member or affiliate school is free to submit a proposal for a panel or discussion group. In other words, there are no "section chairs" or "insiders" who control the submissions in particular subject areas. If you wish to do a program on a particular topic, just organize your panelists or discussion group members and submit it through the SEALS website. There are a few restrictions on the composition of panels (e.g., panels must include a sufficient number of faculty from member schools, and all panels and discussion groups should strive for inclusivity). Second, there are no "age" or "seniority" restrictions on organizers. As a result, newer faculty are also free to submit proposals. Third, if you wish to submit a proposal, but don't know how to reach others who may have an interest in participating in that topic, let Russ Weaver know and he will try to connect you with other scholars in your area.
October 6, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Monday, August 25, 2014
Susan Bisom-Rapp (Thomas Jefferson) and Malcolm Sargeant (University of Middlesex Business School) have posted on SSRN the page proofs for their article, It’s Complicated: Age, Gender, and Lifetime Discrimination Against Working Women – The United States and the U.K. as Examples, forthcoming at 22 Elder L.J. 1 (2014). From the abstract:
This article considers the effect on women of a lifetime of discrimination using material from both the U.S. and the U.K. Government reports in both countries make clear that women workers suffer from multiple disadvantages during their working lives, which result in significantly poorer outcomes in old age when compared to men. Indeed, the numbers are stark. In the U.S., for example, the poverty rate of women 65 years old and up is nearly double that of their male counterparts. Older women of color are especially disadvantaged. The situation in the U.K. is comparable.
To capture the phenomenon, the article develops a model of Lifetime Disadvantage, which considers the major factors that on average produce unequal outcomes for working women at the end of their careers. One set of factors falls under the heading “Gender-based factors.” This category concerns phenomena directly connected to social or psychological aspects of gender, such as gender stereotyping and women’s traditionally greater roles in family caring activities. A second set of factors is titled “Incremental disadvantage factors.” While these factors are connected to gender, that connection is less overt, and the disadvantage they produce increases incrementally over time. The role of law and policy, in ameliorating or exacerbating women’s disadvantages, is considered in conjunction with each factor, revealing considerable incoherence and regulatory gaps. Notably, the U.K.’s more protective legal stance toward women in comparison with the U.S. fails to change outcomes appreciably for women in that country.
An effective, comprehensive regulatory framework could help compensate for these disadvantages, which accumulate over a lifetime. Using the examples of the U.S. and the U.K., however, the article demonstrates that regulatory schemes created by “disjointed incrementalism” – in other words, policies that tinker along the margins without considering women’s full life course – are unlikely to vanquish systemic inequality on the scale of gender-based lifetime discrimination.
Tuesday, July 8, 2014
Susan Bisom-Rapp (Thomas Jefferson) writes to let us know that the Marco Biagi Foundation has put out calls for papers for the 2015 annual conference on labor relations March 19-20, 2015, in Modena Italy.
There is a general call for papers Download MARCO BIAGI CONFERENCE MARCH 2015, and a call for papers from newer scholars Download Call YSW 2015. The topic of the conference is Employment Relations and Transformation of the Enterprise in the Global Economy, and for the general call for papers, the foundation invites papers focusing on one of four tracks:
Organisational structure of the enterprise and the fragmentation of the employer’s role and responsibilities
Employment relations in ‘special’ enterprises
Small and medium-sized enterprises in a global context: relations, interests, protection
Collective solidarity and the representation of interests in the context of recent developments in regulatory provisions and the dematerialisation of the enterprise
Participants who intend to contribute a paper to one of the conference sessions should submit an abstract (maximum 1500 words) no later than 31 October 2014, and fill in the form that will be made available from September 2014 on the Marco Biagi Foundation website: www.fmb.unimore.it
Abstracts should include an indication of the related track. However, the Academic Advisory Board reserves the right to assign papers to the track they consider to be most appropriate.
Abstracts and papers may be submitted either in English or in Italian.
In order to be included in one of the conference sessions, full papers need to be submitted to the conference organisers no later than 13 February 2015.
Download the call for papers or visit the website for more details.
The Young Scholars Workshop will take place on the afternoon of March 18.
Abstracts should describe research projects that fall within the field of Labour relations from one of the following disciplinary perspectives: law, industrial relations, labour economics, organization theory, human resources management. Special consideration will be given to those topics and original research projects that allow for an interdisciplinary dialogue involving two or more of these disciplines, and that show a specific concern for international and/or comparative issues.
Scholars willing to participate in the workshop should submit a 1,000 word abstract along with a resume, including educational and academic career, publications, and contact information, no later than 31 October 2014.
Please submit the abstract electronically (in English). The preferred format for submission is Microsoft Word.
Abstracts should include the paper title and a bibliography, and should make specific reference to disciplinary field, academic affiliation of the author, research question(s), methodology and main results achieved.
The working language of the workshop will be English, some authors may be selected for a poster presentation instead, and some conference expenses will be covered for one author of papers and posters accepted. See the call for more details.
Monday, June 23, 2014
Congratulations to Katherine V.W. Stone (UCLA) on the publication by Vandeplas Publishing of Globalization and Labor Standards Annotated Bibliography: An Essential Research Tool. Here's the publisher's description:
The Globalization and Labor Standards (GALS) Annotated Bibliography is a compendium of articles about international labor rights, national and transnational labor standards, and comparative labor law that have been published in law journals. All of the articles in the library are abstracted and cross-referenced by subject. Each article is accompanied by an annotation that describes its contents clearly and concisely. The annotations have been written by Professor Katherine V.W. Stone with the help of her students at the Cornell Law School, the Cornell School of Industrial and Labor Relations, and UCLA School of Law. This volume compiles all of the content in the GALS bibliographic library from 2000 to 2014. The purpose of the book is to preserve the wealth of material developed over the past fifteen years and make it available to libraries and researchers.
Thursday, June 12, 2014
Just a friendly reminder from conference organizers, Melissa Hart and Scott Moss at the University of Colorado Law School, that the deadline to register to attend, and/or present a paper at, the 9th Annual Labor and Employment Scholars Colloquium is Friday, August 1, 2014. The Colloquium is scheduled in Boulder between September 11-13, 2014.
You can register and submit a paper proposal at this link:
June 12, 2014 in About This Blog, Arbitration, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0) | TrackBack (0)