Wednesday, November 6, 2019
Congratulations to Tequila Brooks and Lance Compa (emeritus, Cornell ILR) on the publication of the second edition of NAFTA and NAALC: Twenty-Five Years of North American Trade - Labour Linkage (Wolters Kluwer 2019)! The book is an excellent resource on the various petitions that have been filed, and includes comparisons of labor provisions of various recent US, Canadian and Mexican FTAs - as well as a comparison of NAALC with USMCA's labor chapter. Here's the publisher's description:
The 25th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations is a comprehensive and up-to-date 270-page resource that contains essential background on the structure and operation of labour provisions in North American free trade agreements, including NAFTA, USMCA, CAFTA-DR, TPP, CPTPP, TTIP, CETA, EU-Mexico, and Canadian and US bilateral free trade agreements with partners in Latin America and around the world. It also contains a complete digest of all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada, and the Washington Apple and DeCoster Egg cases in the United States – not to mention recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US.
In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty-Five Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 25 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition, which was dual filed under both mechanisms, and dual petitions filed under NAALC and the OECD Guidelines about working conditions at Chedraui grocery stores in Southern California and Northern Mexico.
Thursday, May 16, 2019
Steven Greenhouse, long-time labor journalist for the New York Times, has a new book coming out just in time for your Labor Day gift-giving: Beaten Down, Worked Up: The Past, Present, and Future of American Labor (Knopf, forthcoming August 2019). Here's the publisher's description:
In an era when corporate profits have soared while wages have flatlined, millions of Americans are searching for ways to improve their lives, and they're often turning to labor unions and worker action, whether #RedforEd teachers' strikes or the Fight for $15. Wage stagnation, low-wage work, and blighted blue-collar communities have become an all-too-common part of modern-day America, and behind these trends is a little-discussed problem: the decades-long decline in worker power.
Steven Greenhouse sees this decline reflected in some of the most pressing problems facing our nation today, including income inequality, declining social mobility, the gender pay gap, and the concentration of political power in the hands of the wealthy. He rebuts the often-stated view that labor unions are outmoded--or even harmful--by recounting some of labor's victories, and the efforts of several of today's most innovative and successful worker groups. He shows us the modern labor landscape through the stories of dozens of American workers, from G.M. workers to Uber drivers, and we see how unions historically have empowered--and lifted--the most marginalized, including young women garment workers in New York in 1909, black sanitation workers in Memphis in 1968, and hotel housekeepers today. Greenhouse proposes concrete, feasible ways in which workers' collective power can be--and is being--rekindled and reimagined in the twenty-first century.
Thursday, April 11, 2019
This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.
Friday, November 16, 2018
Congratulations to Nestor Davidson (Fordham), Michèle Finck (Oxford), and John Infranca (Suffolk) on the publication of their book The Cambridge Handbook of the Law of the Sharing Economy (Cambridge U. Press). I had the pleasure of serving as a peer reviewer on the original proposal, and can verify that the book takes a comprehensive look at the sharing economy -- not just the employment stuff that readers of this blog mostly focus on. Here's the publisher's description:
This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.
Thursday, November 15, 2018
Congratulations to Ken Dau-Schmidt, Marty Malin, Roberto Corrada Chris Cameron, and Catherine Fisk on the imminent publication of their casebook Labor Law in the Contemporary Workplace (3d ed. West, 2019). Here are the publisher's notes:
Labor Law in the Contemporary Workplace prepares students for the practice of labor law by introducing them to the principles of American labor law and many of the issues that labor attorneys face. The book is organized around contemporary problems as a means of teaching the core principles of labor law. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing importance in contemporary practice. The third edition takes account of changes in the law since the first edition and second editions were published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.
Saturday, October 13, 2018
ILERA is pleased to announce the third call for book proposals with the theme of comparative labour and employment relations. The term “labour and employment relations” will be interpreted broadly to include all aspects of work including labour policy, labour market analysis, labour relations and collective bargaining, human resource management, and work- and workplace- related topics. Book proposals by a single author, multiple authors, or edited volumes will all be welcome. Books in this series will be published by ILERA in English, French or Spanish, based on the language of the manuscripts received.
A Committee of Editors was established under the leadership of Prof. Mia Rönnmar (Lund University, Sweden), President-Elect of ILERA, who will act as Editor-in Chief. Editorial members include: Prof. Anil Verma (University of Toronto, Canada), Prof. Annette Jobert (ENS Cachan, France), and Prof. Cecilia Senén González (University of Buenos Aires, Argentina).
To encourage members to submit high-quality book proposals, ILERA provides an incentive of USD 5,000 as a contribution towards the expenses of preparing a manuscript which is accepted for publication. Future book royalties will accrue to ILERA.
The deadline for submission of the book proposal has been extended to 30 November 2018.
Proposals should elaborate on the following headlines:
- a brief description of the themes of the book;
- its contribution to existing knowledge in the field;
- its novelty compared with similar previous books;
- a summary of the structure and contents of the book;
- the names, full contact details and institutional affiliations of the authors and editors (if necessary);
- a curriculum vitae of all contributors; and
- a proposed time-table for completion of the manuscript.
Wednesday, September 19, 2018
Congratulations to Paul Secunda, Jeff Hirsch, and Joe Seiner on the publication of their book Mastering Employment Discrimination Law (2d ed Carolina Academic Press.). Here's the publisher's description:
The second edition of Mastering Employment Discrimination Law coincides with a defining moment in U.S. culture: the #metoo movement and the many sexual harassment scandals that have roiled American society. In addition to covering all procedural and substantive aspects of U.S. sexual harassment and sex discrimination law, the second edition also takes on a wide variety of employment discrimination law subjects. The book begins first with coverage and jurisdiction issues and then turns to complex federal and state procedural topics surrounding the filing of administrative charges of discrimination and civil lawsuits. Moreover, the book comprehensively addresses the substantive aspects of Title VII, the ADEA, the ADA (including recent amendments), the Equal Pay Act, and the Civil Rights Acts, as well as related issues such as remedies, attorney fees, and settlements. By adding Professor Joseph Seiner of the University of South Carolina School of Law—a former attorney with the EEOC—as a new co-author, the book has added substantial new focus on administrative topics and procedural issues in employment discrimination litigation.
Friday, June 15, 2018
Congratulations to Susan Bisom-Rapp (Thomas Jefferson) and Malcolm Sargeant (Middlesex Univ. London) on the paperback publication of their book Lifetime Disadvantage, Discrimination and the Gendered Workforce (Cambridge Univ. Press). The book has garnered favorable reviews since its publication in October 2016. Richard Poole (Newcastle University, UK) described the book as “a fine achievement…a thorough, compelling, and valuable book.” Erika Kispeter (University of Warwick, UK) called the book a “successful combination of the sociological and legal aspects of women’s lifetime disadvantage in work” and “an accessible often fascinating analysis of current laws and their implementation.”
Nicole Porter (University of Toledo, USA), in a forthcoming review notes, “To my knowledge, this is the only book that outlines, in a systematic way, how all of the disadvantages and discrimination women face over a lifetime accumulate to contribute to women’s economic insecurity in old age.” Praising its “ambitious” and “broad-minded approach,” and “voluminous body of research,” she added, “I thoroughly enjoyed this book.”
Cambridge University Press is presently offering the book at the discounted price of $27.99 (£18.39). The flyer for this pricing is available here.
Monday, May 21, 2018
Congratulations to David Yamada (Suffolk) on a couple of fronts. First, check out his new book, Workplace Bullying and Mobbing in the United States (Maureen Duffy & David C. Yamada eds., Praeger/ABC-CLIO, 2018), a two-volume, multidisciplinary book set for scholars and practitioners, featuring 25 chapters and 27 contributors. Here's a brief description:
With over two dozen contributors (including a Foreword by Dr. Gary Namie of the Workplace Bullying Institute) and some 600 pages packed into two volumes, we believe this will be an important, comprehensive contribution to the growing literature on workplace bullying and mobbing, useful for scholars and practitioners alike. The project deliberately takes a U.S. focus in order to take into account the unique aspects of American employment relations.May 9 issue of
Second, David was quoted in Bloomberg Business Week in the article Companies Have an Aha! Moment: Bullies Don’t Make the Best Managers. Here's an excerpt:
The surprise announcement in March that 55-year-old Nike brand president Trevor Edwards—who had a reputation for humiliating subordinates in meetings—would leave following an internal investigation about workplace behavior issues suggests the coddling of tough guys may have come to an end. “Some companies are realizing that a bullying boss isn’t the best way to manage a company,” says David Yamada, a professor at Suffolk University Law School in Boston who’s authored antibullying legislation. “Maybe we’re starting to see a tipping point.”
Thursday, December 28, 2017
Friday, December 15, 2017
Congratulations to Orly Lobel (San Diego) on the publication of her book You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side (Norton 2017). Here's the publisher's excerpt:
The battle between Mattel, the makers of the iconic Barbie doll, and MGA, the company that created the Bratz dolls, was not just a war over best-selling toys, but a war over who owns ideas.
When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle.
This entertaining and provocative work pits audacious MGA against behemoth Mattel, shows how an idea turns into a product, and explores the two different versions of womanhood, represented by traditional all-American Barbie and her defiant, anti-establishment rival―the only doll to come close to outselling her. In an era when workers may be asked to sign contracts granting their employers the rights to and income resulting from their ideas―whether conceived during work hours or on their own time―Lobel’s deeply researched story is a riveting and thought-provoking contribution to the contentious debate over creativity and intellectual property.
Tuesday, September 12, 2017
A huge congratulations to Joe Seiner (South Carolina) on the publication this week by Cambridge University Press of his book The Supreme Court's New Workplace: Procedural Rulings and Substantive Worker Rights in the United States. Here's the publisher's description:
The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court’s new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.
Wednesday, July 19, 2017
The problem-based approach of Labor Law: A Problem-Based Approach moves beyond lectures, the Socratic teaching model, and the casebook method, while developing the critical reasoning skills required to be a successful attorney. The problem-based pedagogical method will directly help students by synchronizing the way labor law is taught with the way it is typically tested. The book is updated through the end of 2016 and features the most important cases, documents, and articles for students to become proficient in the practice of American private-sector labor law.
Wednesday, May 31, 2017
This Nutshell provides an overview of individual employee rights and responsibilities. It addresses a number of areas, including establishing and ending the employment relationship, protection of employee privacy and reputation, discrimination, regulation of wages and hours, employee physical safety, fringe benefits, and employee duties of loyalty. This edition includes a substantially revised treatment of discrimination law, expanded discussion of employment-based health care, and takes into account a number of recent Supreme Court decisions and the use of executive orders. It further addresses how employment law directly impacts the modern economy, discussing how this area of the law effects on-demand workers in the technology sector.
Monday, May 8, 2017
Congratulations to Sandra Sperino (Cincinnati) and Suja Thomas (Illinois) on the publication of their new book Unequal: How America’s Courts Undermine Discrimination Law (Oxford Univ. Press May 2017). Here's a description of this critical and timely book:
It is no secret that since the 1980s, American workers have lost power vis-à-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer.
Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Friday, April 7, 2017
The book is the first Canadian text to explore in depth all three regimes of work law, including Common Law, Regulatory Law, and Collective Bargaining Law and it emphasizes the interaction between the three regimes. For those interested in understanding Canadian work law, this is the book. Also, you might be interested in knowing that the book was written to be accessible to non-lawyers, including the thousands of business, HRM, industrial relations, labour studies students learning work law in Canada. I wrote it because I frequently teach business students and there was no book in Canada that explained the law of work in a sophisticated, contextual manner but that doesn’t also assume the readers have already studied law for a year or two. Finally, the book also extends the subject matter beyond most labor law texts, by including chapters on subjects such as work and intellectual property law, work and privacy law, trade law, immigration law, and bankruptcy law.
Wednesday, March 29, 2017
Camabridge University Press has just published, as part of the Cambridge Disability Law and Policy Series, Paul Harpur's (Queensland Law) Discrimination, Copyright and Equality: Opening the e-Book for the Print-Disabled. Here's the publisher's description:
- While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
- A valuable resource for advocates, law makers, librarians and others who seek to reform laws, policies and practices that reduce reading equality.
- Provides a comparative analysis of how copyright and anti-discrimination laws interacts.
- Provides an in-depth analysis of advances in international and domestic laws.
Sunday, February 12, 2017
Aaron Halegua (NYU) writes to give us the heads-up on a free, downloadable book by the ILO: Resolving Individual Labour Disputes: A Comparative Overview. Here's the ILO's description of the book:
The number of individual disputes arising from day-to-day workers’ grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States.
Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
And here's Aaron's description of the chapter he wrote on the U.S.:
I contributed a chapter on the United States, which I think provides a good overview of the role played by administrative agencies (USDOL, EEOC, NLRB, New York State DOL, NYS Division of Human Rights, etc.), federal and state courts, firm's internal efforts, and both labor and employment arbitration -- as well as how ADR is used in all those contexts. It also seeks to evaluate each one and pulls together statistics on the performance of each institution. I think that people already familiar with the United States might find the evaluation/statistics part and use of ADR in these institutions useful. I also think it would be particularly useful for people trying to understand our complex system with its web of overlapping institutions, or professors ... who might be teaching such students.
Wednesday, December 28, 2016
The New York State Bar Association has just published Lefokwitz on Public Sector Labor & Employment Law (4th ed. 2016), edited by William A. Herbert, Philip L. Maier, and Richard K. Zuckerman. Here's the publisher's description:
This landmark text is the leading reference on public sector labor and employment law in New York State. Editors William Herbert, Philip Maier, and Richard Zuckerman bring together leading attorneys in the field to contribute their expertise to this two-volume work.
Covering all aspects of this area of law, Lefkowitz on Public Sector Labor and Employment Law includes chapters on the Taylor Law, the representation process, the duty to negotiate, improper practices, strikes, mini-PERBS, arbitration and contract enforcement, and more. Much of the discussion in this two-volume resource has been revised and contains updated case and statutory references throughout. Practitioners new to the field, as well as the non-attorney, will benefit from the book's clear, well-organized coverage of what can be a very complex area of law. All practitioners will benefit from the exhaustive coverage of this book, whether they represent employees, unions or management.
With this edition, this treatise has been renamed to recognize Jerome Lefkowitz, who served as former Public Employment Relations Board chair, as Editor-in-Chief of the first three editions, and who transformed New York's labor landscape by helping to write the Taylor Law.
Friday, December 16, 2016
Congratulations to Rachel Arnow-Richman and Nantiya Ruan (both at Denver) on the publication of their new book Developing Professional Skills: Workplace Law (West 2016). Here's the author's description:
Incorporating professional skills and ethics into the traditional workplace law course is a critical but challenging undertaking. This easy-to-use book simplifies the effort, offering eleven discrete exercises designed to help students develop skills in the key areas of drafting, counseling, negotiation and advocacy. Each exercise involves a different substantive area of workplace law, including covenants-not-to compete, wage and hour law, employment discrimination, whistleblower protection and general common law and tort principles. The book is flexible enough to supplement any doctrinal casebook, or can be used to teach a stand-alone skills course.
Fortunately for us in the field of workplace law, Rachel Arnow-Richman and Nantiya Ruan have just eliminated a tremendous amount of that work. Over several iterations, they developed a first-rate experiential course in this field. And they are willing to share their work, so that we do not have to reinvent this well-designed wheel. The result is their forthcoming book (due for release in the next week or so), Developing Professional Skills: Workplace Law.
This narrow volume provides a rich set of workplace law problems that can be used, off the shelf, to teach a problem-based course. There are 11 chapters, each of which contains a detailed but manageable workplace law scenario. And while all of the scenarios are fun and thoughtfully crafted, you might consider using even a subset of them, given the book’s low price point ($25, from what I understand).
This is terrific. Developing the material for teaching skills is by far the hardest and most time-consuming part.This book is a very welcome addition to our pedagogical toolbox.