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)
Wednesday, May 28, 2014
The AALS is hosting a Workshop June 22-24 in Washington DC on Transnational Perspectives on Equality Law. The full program is here, and this is a summary:
Workshop on Transnational Perspectives on Equality Law
Sunday, June 22 - Tuesday, June 24, 2014
The Renaissance Mayflower Hotel
Antidiscrimination law is an American invention that has spread all around the world. During the American civil rights movement of the 1960s, antidiscrimination law promised radical social transformations towards equality for women and minorities in the workplace, in politics, and in education. But recent developments in Equal Protection and Title VII doctrine have paralyzed this trajectory. Meanwhile, the last decade has seen the unprecedented globalization of antidiscrimination law, as well as its expansion and alternative development outside the United States, catalyzed largely by the European Union's two directives in 2000, on race equality and on equal treatment in employment. Over the last few years, a new body of equality law and policy experimentation has emerged not only in the EU and in European countries, but also in South Africa, Canada, Latin America, and Asia. There is a range of public policies adopted to mitigate the disadvantages of vulnerable groups such as racial, ethnic, and religious minorities, women, the disabled, the elderly, and the poor, constituting an "equality law" that goes beyond norms prohibiting discrimination.
At the same time, antidiscrimination law in the United States seems to be changing. U.S. Supreme Court decisions over the last several years (Ricci v. DeStefano, Parents Involved in Community Schools v. Seattle School District, Wal-Mart v. Dukes, and Shelby County v. Holder) have signaled the end of antidiscrimination law as envisioned by the civil rights movement in the United States. In response, there is growing scholarly interest in finding new approaches to the persistent problem of structural inequality. Comparative reflection is a productive tool, particularly when energy and optimism surrounds the trajectory of antidiscrimination law and equality policy outside of the United States. Now that there is over a decade's worth of new antidiscrimination activity in the EU countries following the 2000 equality directives, the time is ripe for scholarly reflection and evaluation of these developments. From an intellectual, practical, and strategic perspective, antidiscrimination scholars in the United States can no longer ignore developments in antidiscrimination law in other countries.
While a growing number of American legal scholars are lamenting the limits of antidiscrimination law, the recent growth of this body of law outside of the United States has largely gone unnoticed. The central purpose of this mid-year meeting is to widen the comparative lens on U.S. equality law - its failures, its achievements, and its potential - across a variety of subject areas. The meeting will provide a unique and much-needed opportunity to bring together scholars from various fields - constitutional law, employment discrimination law, comparative law, comparative constitutional law, election law, education law - to deepen and enrich the scholarship and teaching of equality. The meeting will also provide a unique opportunity for U.S. scholars to interact with a wide, varied, and stimulating group of antidiscrimination scholars working around the world.
Additionally, law schools are increasingly making their curricula more transnational and comparative. This conference will assist teachers in integrating comparative perspectives to illuminate constitutional law, employment discrimination law, employment law, and other traditional subjects.
This Workshop will explore a number of critical questions including what is at stake in looking comparatively when doing equality law; how affirmative action is understood in other legal systems; understanding disparate impact, accommodation, and positive rights. There will be discussions of religion, profiling, and equality and social movements. Transnational perspectives on equality law will be a greater component of antidiscrimination scholarship going forward. This meeting should not be missed.
AALS Planning Committee for 2014 AALS Workshop on Transnational Perspectives for Equality Law
Timothy A. Canova, Nova Southeastern University Shepard Broad Law Center
Guy-Uriel E. Charles, Duke University School of Law, Chair
Richard T. Ford, Stanford Law School
Reva B. Siegel, Yale Law School
Julie C. Suk, Benjamin N. Cardozo School of Law Yeshiva University
May 28, 2014 in Conferences & Colloquia, Disability, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Religion, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)
Tuesday, May 20, 2014
Please welcome guest blogger Joseph Seiner from the University of South Carolina School of Law. Joe teaches Employment Discrimination, Principles of Labor Law, Individual Employment Law, a workshop in ADR in Employment Law, and a seminar in Comparative Employment Discrimination. From his faculty bio:
Joseph Seiner received his B.B.A., with High Distinction, from the University of Michigan in 1995, where he was an Angell Scholar. Professor Seiner received his J.D., Magna Cum Laude, Order of the Coif, from the Washington and Lee University School of Law, in 1998. Professor Seiner was a lead articles editor for the Washington and Lee Law Review.
Following law school, Professor Seiner clerked for the late Honorable Ellsworth Van Graafeiland of the U.S. Court of Appeals for the Second Circuit. After his clerkship, he practiced law with Jenner & Block, LLP, in Chicago, Illinois, where he focused on labor and employment matters. In September, 2001, Professor Seiner accepted a position as an appellate attorney with the U.S. Equal Employment Opportunity Commission in Washington, D.C., where he presented oral argument as lead counsel in the United States Courts of Appeals in employment discrimination cases.
Prior to joining the faculty at the University of South Carolina School of Law, Professor Seiner was an adjunct professor at the Georgetown University Law Center, where he developed and taught a seminar on comparative employment discrimination. Professor Seiner's articles have been selected for publication in numerous journals, including the Notre Dame Law Review, the Boston University Law Review, the Iowa Law Review, the Boston College Law Review, the William and Mary Law Review, the University of Illinois Law Review, the Hastings Law Journal, the Wake Forest Law Review, and the Yale Law and Policy Review. Professor Seiner's work has been featured in a number of media sources, including The Wall Street Journal. Upon invitation, Professor Seiner has submitted written testimony to committees in both the U.S. Senate and the U.S. House of Representatives. Professor Seiner teaches courses in the labor and employment law area.
Joe is also a prolific scholar. You might check out his most recent article, now on SSRN, The Issue Class. From the abstract:
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This paper does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored. Given that Wal-Mart is detrimental to plaintiffs, what is the best tool currently available for workers to pursue systemic employment discrimination claims?
Surveying the case law and federal rules, this paper identifies one little used procedural tool that offers substantial potential to workplace plaintiffs seeking to pursue systemic claims — issue class certification. Rule 23(c)(4)(A) of the Federal Rules of Civil Procedure permits the issue class, allowing common issues in a class case to be certified while the remaining issues are litigated separately. The issue class is typically used where a case has a common set of facts but the plaintiffs have suffered varying degrees of harm. This is precisely the situation presented by many workplace class action claims.
This paper explains how the issue class is particularly useful for systemic discrimination claims. The paper further examines why traditional class treatment often fails in workplace cases, and addresses how the plaintiffs in Wal-Mart could have benefited from issue class certification. Finally, this Article discusses some of the implications of using the issue class in employment cases, and situates the paper in the context of the broader academic scholarship. This paper seeks to fill the current void in the academic scholarship by identifying one overlooked way for plaintiffs to navigate around the Supreme Court’s decision.
May 20, 2014 in About This Blog, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor Law, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)
Thursday, April 24, 2014
From conference organizers Scott Moss and Melissa Hart, at the University of Colorado Law school comes word that registration is open for the Ninth Annual Colloquium on Labor and Employment Law Scholarship. The dates will be September 11th to the 13th in Boulder.
As many of you already know, this is a terrific opportunity to get to know colleagues in an informal setting and exchange ideas as we discuss works-in-progress. Past participants likely would agree that the friendly, low-key atmosphere and productive sessions, as well as the chance to socialize with our colleagues, make this gathering especially fun and valuable.
The Colloquium will follow the familiar format. We will workshop papers all day Friday through Saturday afternoon. Exact times TBD; check the event webpage for updates as the Colloquium approaches.
To register, click here.
April 24, 2014 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, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Monday, March 24, 2014
I just posted on SSRN an article I've co-authored with a slew of other folks. My purpose in blogging it, however, is not so much the content of the article, but the process of creating it. The article grew out of a panel presentation I gave last May at a LawAsia Employment conference. At that conference, I and attendees from several other countries learned from each other that although labor outsourcing is prevalent in all of our countries, the approach to legally regulating it varies considerably. We decided that we'd each write a summary of our country's laws; I then collected the summaries, organized them into an article, added a section comparing and contrasting the different approaches, and found a journal to publish it.
What I've particularly enjoyed about this project is the opportunity it's given me to work with labor/employment practitioners throughout the world. I'm looking forward to collaborating with them on future projects, and next time I'm in Istanbul or Jakarta or Melbourne or Beijing, I'll have a new friend there happy to show and introduce me around.
Anyway, the article is A Comparative Analysis of Labor Outsourcing (forthcoming Arizona J. Int'l & Comparative L. (2014 )). Here's the abstract:
This article compares the laws and the practice of labor outsourcing in five countries: Australia, China, Indonesia, Turkey, and the United States. The article finds both significant similarities and differences among the countries. For example, labor outsourcing is globally prolific and seems to be increasing. However, the general legal approach to regulating it varies considerably, with some countries adopting a regulatory model, others a hybrid regulatory-contractual model, and others not regulating it at all. Similarly, the scope of legal regulations varies considerably by country: some focus on protecting existing employees, other focus on curbing exploitation of workers performing outsourced work; some countries regulate the types of work that can be outsourced or subcontracted and others regulate the firms that can provide labor outsourcing services. Thus, a thorough understanding of labor outsourcing can be achieved only from considering the different perspectives and legal regimes in which it operates.
I spent my spring break in Modena, Italy, where every March since 2003, the Marco Biagi Foundation (MBF) at the University of Modena and Reggio Emilia has hosted an international conference devoted to international and comparative employment and labor relations. I’ve attended the event annually since 2007, making this my eighthconsecutive year as a conference participant. The conference was held on March 18th and 19th, with a pre-conference Young Scholars’ Workshop taking place on March 17th.
This year’s conference, “Labour and Social Rights: An Evolving Scenario,” centered on the challenges involved in providing employment-related social protection programs at a time when more and more people work outside of traditional employment relationships. (Social protection, loosely defined, consists of the programs that form the social safety net, including, among other things, unemployment insurance, job retraining efforts, workers’ compensation, disability insurance, and publically provided pensions.) Particular attention was given to the economic forces changing standard employment relationships, the values and interests that should be protected as new types of work emerge, and the theories and strategies that should anchor new forms of protection for working people. Participants addressed these issues from a number of disciplines including law, industrial relations, economics, and human resource management.
As an American, I was struck by the extent to which neoliberalism and austerity continue to drive public policy in many countries, especially in the EU. To the chagrin of many scholars at the conference, the quest for workplace “flexibility” has not abated despite the continuing labor market crisis, which manifests itself in elevated unemployment in many nations. Similarly notable was the concern voiced by commentators about the rise in precarious work and the weakening power of trade unions. These problems are not new but they have been greatly exacerbated by the economic conditions beginning in 2008. Clearly, we in the US are not alone.
On the upside, it is apparent that scholars are eager to theorize beyond the traditional, paradigmatic employment relationship with the goal of extending vital social security protections to greater numbers of people. Rather than clear solutions, it seems we are in a period of complex problem-solving. This requires patience and fortitude, as new models are posed and their utility evaluated. Ultimately, however, this period of theorizing will come to nothing without political movements demanding change from elected representatives. In the meanwhile, however, it’s possible to expand one’s thinking about the existing challenges through interaction with labor and employment scholars from other countries.
I was particularly pleased to see prominent US scholars in the program this year. Trina Jones (Duke) gave an insightful paper on the contemporary challenges facing U.S. civil rights law. Mike Zimmer (Loyola U., Chicago) and Michael Fischl (Connecticut) addressed different aspects of the challenges facing unions with the former suggesting ways in which transnational unionism might be enabled and the latter gleaning lessons from the way low wage union organizing campaigns have strategically deployed traditional labor law and non-labor law claims.
As for me, I served as chair for a panel titled “Social Dialogue and Labour Standards,” which covered six papers written by professors from six countries: Germany; Russia; South Africa; Ireland; Italy; and Brazil. The discussion on this panel was very diverse since the papers were on six very different subjects. Even so, common themes were evident. The papers dealt with the way our understanding of what counts as ‘work’ is evolving and changing over time, as is our willingness to think about the rights and protections all people who work should be entitled to.Another theme that emerged from the panel was the variety of mechanisms that can be used to provide voice to the concerns of the most vulnerable workers.
In addition to chairing the panel, I helped organize and was a commentator at the MBF’s annual Young Scholars’ Workshop. This was my third year of involvement with this portion of the annual conference events. This year we heard and commented on papers from Ph.D. students from the U.K., the U.S., Italy, Hungary, and Spain. There were eight papers presented in all. Creating ties with the new generation of comparative scholars is one of the most exciting parts of the conference. The quality of the scholarly work they are doing is impressive.
Over time, the MBF has become my academic home-away-from-home. I have been privileged to serve on the Foundation’s International Council since 2009, and two weeks ago was appointed to the MBF’s Scientific Committee, the academic advisory board that advises the Foundation on all of its scholarly projects. The Scientific Committee met in Modena during the conference to discuss and approve the theme for the Thirteenth International Conference in Commemoration of Marco Biagi. The theme, tentatively stated, is: Employment Relations and Transformation of the Enterprise in the Global Economy. Stay tuned for the call for papers. I hope many of you will consider submitting a proposal.
Sounds like it was great, Susan. Thanks!
Thursday, February 27, 2014
This Article takes a different approach. It explains a regime’s preferred method of regulating contracts, especially in the employment and consumer contexts, by reference to macro features of its political economy. Both the normative question of whether a mandatory or default approach is superior, and the positive question of which approach is probable, turn on characteristics of the population set that will be subject to the rule, characteristics of market structure in that jurisdiction, and various political institutions. Unlike others commenting on the mandatory-default divide, this Article emphasizes the importance of political and economic features of the transactional environment, not the microeconomics of the transactions themselves. The four environmental factors I study here are heterogeneity, mobility, sectoral composition and institutional capacity. After exploring their effects on domestic regulatory strategy, I discuss the limitations they pose for transnational regulation. Although “private regulation” might appear a third regulatory mode suitable in the transnational context, I argue that private agreements that constrain other private agreements are not properly regarded as an alternative to either ex ante mandatory rules or ex post interpretive defaults imposed by the state.
Looks worth a read!
Tuesday, February 25, 2014
I am excited to announce the kick-off of a new speaker series in labor and employment law, sponsored by the Labor and Employment Law Program at Marquette University Law School.
We are really starting the program off with a bang.
On March 27th, in conjunction with the Third Annual ERISA National Conference at Marquette, Assistant Secretary of Labor and head of the Employee Benefit Security Administration (EBSA) Phyllis Borzi will be speaking about the Affordable Care Act. You can register here.
Finally, on April 8th, Professor Takashi Araki, former Dean and Professor of Law at the University of Tokyo Law School and Visiting Professor this semester at Harvard Law School, will be coming to speak about contemporary topics in Japanese employment law. You can register here.
All events are scheduled at noon and include lunch.
Thursday, February 6, 2014
Thanks to Pietro Manzella of ADAPT for bringing to my attention the publication of the latest issue of the E-Journal of International and Comparative Labour Studies (Vol 3, Issue 1, January 2014). You can find the full contents here.
Wednesday, January 29, 2014
Thanks to our friends at ADAPT, Chris Leggett and Michele Tiraboschi, for bringing to our attention the Twitter-based version of the ADAPT International Bulletin, which collects the main documentation on labour issues published during the last two weeks. Here is what Chris and Michele write:
The bulletin includes two comments: “The Emotional Timeline of Unemployment: Anticipation, Reaction, and Adaptation”, by Christian von Scheve, Frederike Esche and Jürgen Schupp (German Institute for Economic Research - DIW, Berlin) and The Horizon 2020 Strategy for SMEs”, by Meysam Salimi (International Doctoral School in Human Capital Formation and Labour Relations, University of Bergamo).
This issue also conveys some of the latest ADAPT publications, among which is the last ADAPT University Press, ADAPT- Labour Studies e-Book Series n. 19, "Violencia, riesgos psicosociales y salud en el trabajo. Estudios desde el derecho internacional y comparado" edited by Lourdes Mella Méndez (Professor of labour law at the University of Santiago de Compostela).
For further information, you can make contact with the ADAPT staff at email@example.com.
Monday, December 16, 2013
Susan Bisom-Rapp (Thomas Jefferson) and Malcolm Sargeant (Middlesex U. Business School, UK) have just posted on SSRN a working draft of their new paper, It's Complicated: Age, Gender, and Lifetime Discrimination Against Working Women—The U.S. and the U.K. as Examples. Susan presented this at the 8th Annual Colloquium on Recent Labor and Employment Law Scholarship held by our friends at UNLV. From the abstract:
This paper 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 or older is nearly double that of their male counterparts. Older women of color are especially disadvantaged. The situation in the U.K. is comparable. One study, analyzing gender and age group, found that women in the U.K. were at a greater risk of poverty throughout their working lives. That study revealed a significant statistical difference in poverty risk between men and women under the age of 50, which decreased for the 50-64 age group, and then increased dramatically for those 65 and older, resulting in a poverty gap that was more than twice the average for the whole population in the UK.
To capture this phenomenon, this paper develops a model of "Lifetime Disadvantage," which considers the major factors producing 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.
An effective and comprehensive regulatory framework could help compensate for these gender-based disadvantages, which accumulate over a lifetime. Using the examples of the U.S. and the U.K., however, we demonstrate that regulatory schemes created by "disjointed incrementalism" (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.
Really interesting work.
Friday, December 13, 2013
1. New Book Volume: Labour Law and Industrial Relations in Recessionary Times. The Italian Labour Relations in a Global Economy, edited by Michele Tiraboschi, Cambridge Scholars Publishing - ADAPT Labour Studies Book Series.
This volume includes a number of papers written in English and published in the last fifteen years in which the Italian labour market underwent many changes. The intent here is to provide the international readership with a frame of reference - in both conceptual and legal terms - that helps to appreciate current Italian Labour Law.
2. Internships: In 2014, ADAPT will commence another selection procedure involving international students and recent graduates in law, economics, sociology and languages to undertake internships or research periods lasting 3 to 6 months in Bergamo (Italy).
Selected candidates will be involved in numerous ADAPT international projects and they will be offered a reimbursement of expenses - the amount of which will vary depending on their age and previous experience - as well as accommodation in our guest apartment in the upper town of Bergamo.
Those interested in undertaking an internship or research period at ADAPT may send their CV/resume and cover letter to: firstname.lastname@example.org.
3. New Bulletin: new Twitter-based version of the ADAPT International Bulletin, which collects the main documentation on labour issues published in the last two weeks.
The bulletin includes three commentary notes: "The New Deal for Apprenticeship in England and USA" by Alfonso Balsamo, "The Internationalisation of Education: Causes and Effects" by Alessandra Sartore and "Understanding regulations for small and medium-size enterprises (SMEs)" by Meysam Salimi, all from the International doctoral school in Human Capital Formation and Labour Relations promoted by ADAPT and CQIA (University of Bergamo).
Friday, November 8, 2013
Our own Paul Secunda has a new paper available for download on SSRN: An Analysis of the Treatment of Employee Pension and Wage Claims in Insolvency and Under Guarantee Schemes in OECD Countries: Comparative Law Lessons for Detroit and the United States. Here is the abstract:
To put the plight of the Detroit city employees into an international and comparative context when it comes to considering how their pension and wage claims should be treated in bankruptcy, it is instructive to consider how similar employee pension and wage claims would be treated in corporate insolvencies in other countries. It is necessary to focus on corporate insolvencies in other countries as the relevant comparison because most other countries do not have government systems in which municipalities have the same financial independence to borrow money and take on debt as municipalities do in the United States as part of the municipal bond market. Additionally, exploring the corporate bankruptcy systems in other countries provides a beneficial way to consider how to approach municipal bankruptcy situations in the United States, especially since corporate and municipal bankruptcies in the United States have a number of features in common when it comes to employee creditor claims.
This article therefore undertakes a comparative analysis of the treatment of pension and wage claims in insolvency proceedings and under guarantee schemes in the thirty-four member countries of the Organization of Economic Cooperation and Development (OECD) to understand whether the United States’ approach to employee claims in bankruptcy (in both the corporate and municipal context) is consistent with international norms. After completing the comparative analysis (which is comprehensively set out in the Country-by-Country Appendix at the end of this paper), this article then highlights common approaches to these issues, as well as important distinctions, setting up a number of tables to summarize the results.
All in all, most OECD countries have adopted hybrid systems which combine both some form of priority for both pension and wage claims, as well as some form of guarantee fund to complement the insolvency system. It is especially important to have these guarantee funds in place because insolvency processes can last for years, while the guarantee schemes are more likely to pay employees their claims within weeks or months. Unfortunately, the United States provides only limited priorities in most bankruptcy proceedings (and no such wage or pension priorities in Chapter 9 municipal proceedings), a guarantee system under the Pension Benefit Guaranty Corporation (PBGC) that is limited to pension plans, and then only to private-sector defined benefit pension plans. Neither private-sector defined contribution plans nor public sector pension plans come under a guarantee scheme in the United States.
One possible approach to employee claims in both municipal and corporate bankruptcies would be to pass pension and bankruptcy reform laws similar to what Canada enacted in 2008 as part of its Wage Earner Protection Program Act (WEPPA). Unlike the American system, WEPPA provides limited absolute priorities for pension contributions and a broad array of wage claims in insolvency, as well as a robust wage guarantee scheme. As to the policy reasons supporting this approach, it appears that greater emphasis is placed on the need to protect the weakness of employees creditors in the insolvency process as opposed to focusing on the need to ensure the existence of cheap, accessible credit for companies and governments.
This article concludes that given the relative vulnerability of employees and the sophistication of most lenders, the United States should balance these interests to provide increased protection for employment claims during municipal and corporate insolvency proceedings through giving heightened priority treatment to employees pension and wage claims in bankruptcy in tandem with a federally-operated guarantee scheme for both pension and wages claims.
An important and timely topic, especially as the public pension crisis looms large in this country.
Thursday, November 7, 2013
Michele Tiraboschi, ADAPT Scientific Coordinator at the University of Bergamo in Italy, writes to inform us that the call for applications for the International Doctoral School in Human Capital Formation and Labour Relations promoted by ADAPT and the University of Bergamo has been published.
40 positions are available, 22 of them will be funded through a scholarship and 4 through advanced-level apprenticeship contracts. The deadline to send applications is 18 November 2013 at 12.00 a.m.
This year, they are providing the opportunity to enter an Industrial PhD in Labour Productivity and Workplace Change, in order to strengthen the cooperation between employers and professionals within the productive system. In addition, by way of special agreements, a number of positions will be available to workers employed in highly qualified jobs at their own companies, provided that they pass the selection procedures and are admitted to the PhD Programme.
Employers who are interested in supporting the School or hosting interns, as well as prospective candidates, can send an email to email@example.com for further enquiries.PS
Wednesday, November 6, 2013
Malcolm Sargeant and Michele Tiraboschi of ADAPT in Italy have sent the latest issue of the E-Journal of International and Comparative Labour Studies, which is concerned with whistleblowing.
Malcolm and Michele would like to thank David Lewis and Wim Vandekerckhove who guest edited this edition, and the other authors for their excellent contribution.PS
Congratulations to Neville Harris (Univ. of Manchester School of Law (UK)) on the publication of his new book: Law in a Complex State: Complexity in the Law and Structure of Welfare.
From the publisher:
Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right.
Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens.
This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.
This book represents the culmination of Neville's project on 'complexity' in welfare systems throughout Europe. Although the book focuses on the United Kingdom and some other non-US countries, the lessons to be learned are valuable ones as we consider going forward how to improve the complex social insurance system that we have here in the United States.
Tuesday, October 29, 2013
- Mark Anner, Jennifer Bair, & Jeremy Blasi, Toward Joing Liability in Global Supply Chains: Addressing the Root Causes of Labor Violations in International Subcontracting Networks, p. 1.
- Richard Croucher, Kyoung Eun Joung, & Lilian Miles, Evaluating South Korean Legal Channeels for Individual Employment Disputes Through Budd and Colvin's Framework, p. 45.
- Martin Dumas, Three Misunderstandings about Consumocratic Labor Law, p. 67.
- Loic Lerouge & L. Camille Hebert, The Law of Workplace Harassment of the United States, France, and the European Union: Comparative Analysis After the Adoption of France's New Sexual Harassment Law, p. 93.
- Virginia Doellgast, Disintegrating Democracy at Work: Labor Unions and the Future of Good Jobs in the Service Economy, reviewed by Sabine Blaschke, p. 123.
- Richard M. Locke, The Promise and Limits of Private Power: Promoting Labor Standards in the Global Economy, reviewed by Lance Compa, p. 129.
- Susan L. Kang, Human Rights and Labor Solidarity: Trade Unions in the Global Economy, reviewed by Jeffrey Hilgert, p. 135.
- Melanie Simms, Jane Holgate, & Edmund Heery, Union Voices: Tactics and Tensions in UK Organizing, reviewed by Peter Ikeler, p. 141.
- Rina Agarwala, Informal Labor, Formal Politics, and Dignified Discontent in India, reviewed by Jenny Jungehulsing, p. 145.
- Kathleen C. Schwartzman, The Chicken Trail: Following Workers, Migrants, and Corporations Across the Americas, reviewed by Bryant Simon, p. 151.
- Katherine V.W. Stone & Harry Arthurs (eds.), Rethinking Workplace Regulation: Beyond the Standard Contract of Employment, reviewed by Leah F. Vosko, p. 153.
Thursday, October 10, 2013
From our friends at ADAPT in Bergamo, Italy:
Internship and Traineeship for Students and Young People: Training, School-to-Work Transition or Exploitation? (Bergamo, 25-26 October 2013)
Dear Colleagues and Readers,
Is it fair to work for free in order to learn a trade after years in education and many sacrifices? What is the role of the internship in the programmes of our schools and universities? Which are the rules that apply following the guidelines laid down in the Monti-Fornero Labour Market Reform? Is there clear and uniform legislation regulating the internship in Italy, at least for companies operating overseas? Is there a mapping system on regional regulations? How is the abuse of the internship dealt with in the other countries, particularly considering its relevance in terms of school-to-work transition?
These and other aspects concerning the proper – and often problematic – recourse to internships will be discussed at the 4th International Conference on Young People and Employment, which will take place in Bergamo on 25 and 26 October 2013. You are all welcome to join us.
The conference will have a very practical approach, especially in the Italian language session of the 25th, where a preliminary assessment of the guidelines contained in the Monti-Fornero Reform will be provided, along with some instances of good practices carried out at a company level (e.g. IKEA, BOSCH, ENEL and SCF) and the position taken by the trade unions.
The afternoon session of the 25th and the morning session of the 26th will be devoted to a more international and comparative approach, which will consider the legal, economic, sociological and industrial relations dimension.
A digital book available for free will be presented during the conference containing a detailed overview of regional regulations on internships, along with a position paper drafted by the students of the International Doctoral School promoted by ADAPT and CQIA. The latter will be submitted to the EU officials who will also attend the event, in order to be considered for the setting-up of a Quality and Regulatory Framework for Traineeships.
The questions at hand on the proper implementation of internships and traineeships are complex and go well beyond hard and fast principles and straight answers. At the end of the conference, we will thus attempt to cope with such complexity by holding a debate among our Doctoral students on competing arguments (e.g. Is it fair to pay an intern? Would that be a mistake in the long-term?), with our international guests who will act as “arbitrators”.
Attendance is free. Please fill in the online form here: http://www.bollettinoadapt.it/site/survey.jsp?node=1358&instance=1&channel=25&idSurvey=35&voteable=true
Given the relevance of the topics discussed, I hope to have your full participation and to share your point of view at the different sessions of the conference.