Workplace Prof Blog

New Book: Worldwide Labor-Related Responses to COVID

Legal Responses to COVID-19 Around the World surveys the labor-related responses of 50 countries to the COVID-19 pandemic. The book currently is available only on kindle, but will be available in hard copy within a week or so. Beyond the book's content, the table of contents provides a really nice list of labor scholars throughout the world.

Here's the complete cite: Legal Responses to Covid-19 Around the World, Cláudio Jannotti da Rocha, Flávia Fragale Martins Pepino, & Rafael Lara Martins, eds. (Lex-Magister [Brazil], 2020) . Disclosure: I contributed the U.S. chapter.

Here's the publisher's description:

This is a collection of papers from 50 countries (6 continents) about the effects of the Covid-19 pandemic on the economy, employment, contracts, business, people’s income, health, courts and dispute resolution systems. The book’s purpose is to allow current and future generations to find, in one place, information about the legal responses to Covid-19 around the world.

rb

Acevedo & others on Regulating the Gig Economy

Congratulations to Deepa Das Acevedo (Alabama) on the publication of her edited volume Beyond the Algorithm: Qualitative Insights for Gig Work Regulation (Cambridge University Press, 2020). Here's the publisher's description:

In Beyond the Algorithm: Qualitative Insights for Gig Work Regulation, Deepa Das Acevedo and a collection of scholars and experts show why government actors must go beyond mass surveys and data-scrubbing in order to truly understand the realities of gig work. The contributors draw on qualitative empirical research to reveal the narratives and real-life experiences that define gig work, and they connect these insights to policy debates being fought out in courts, town halls, and even in Congress itself. The book also bridges academic and non-academic worlds by drawing on the experiences of drivers, journalists, and workers' advocates who were among the first people to study gig work from the bottom up. This book is a must-read for anyone interested in gig work, the legal infrastructure surrounding it, and how that infrastructure can and must be improved.

Look for a paperback edition to be published in about six months, priced at about $35-40.

rb

Lin & Cukor: Litigating LGBTQIA+ Discrimination

Shirley Lin (NYU) & Ezra Cukor (Staff Attorney, Center for Reproductive Rights) have posted on SSRN their chapter LGBTQIA + Discrimination in Employment Discrimination Law & Litigation (Thomson West 2020). Here's the abstract:

Asserting and defending the employment rights of lesbians, gay men, bisexual, and transgender, queer, intersex, and asexual people (LGBTQIA+) is a decades-long civil rights struggle. Increasing awareness and acceptance of LGBTQIA+ individuals in U.S. society does not mean that society has not always been sexually diverse, or that sex has only recently been recognized as socially, rather than “biologically,” defined.

In June 2020, The Supreme Court decided a trio of cases wherein it acknowledged for the first time that federal workplace protections reach anti-LGBTQIA+ discrimination. In the landmark decision Bostock v. Clayton County, the Court held that because under Title VII an employer cannot rely on sex as a but-for cause, even if not the sole or primary cause, to fire an employee, an employer who fires someone for being gay or transgender “defies the law.” The landmark decision is a result of generations of advocacy by LGBTQIA+ communities and their advocates inside and outside of the courtroom. Although Title VII has prohibited sex discrimination since its enactment, early decisions rejected claims by LGBTQIA+ people as outside the statute’s ambit. Even as the doctrine generally reflected a broader understanding of sex discrimination, leading up to Bostock there existed only a patchwork of lower-court and agency precedent that Title VII covered LGBTQIA+ people (see §§ 27:2, 27:3, 27:5, 27:7.25). As a result, a LGBTQIA+ employee’s ability to seek redress for discrimination against a private employer depended on her zip code, even under federal law. The Supreme Court’s forthright decision opened courthouse doors throughout the country to LGBTQIA+ workers.

The achievement of Title VII protection is a vital milestone but not the end point in addressing discrimination: LGBTQIA+ people have long faced unacceptable levels of workplace discrimination. Despite a dramatic increase in public acceptance post the Supreme Court’s decision in Obergefell, during the administration of President Trump, the hateful rhetoric, and the policy positions taken by the President and his administration concerning LGBTQIA+ people, public tolerance for accepting LGBTQIA+ individuals declined. Moreover, because LGBTQIA+ workers who are Black, Indigenous, or people of color face disproportionate employment discrimination, the ongoing struggle for racial justice is integral to achieving meaningful equality for LGBTQIA+ people. Winning a workplace discrimination case can be devilishly difficult, especially for low-income workers who often face formidable barriers even to accessing counsel. Because LGBTQIA+ people face significant hostility and misunderstanding from a variety of social forces, including some courts, lawyers litigating for equal treatment for their LGBTQIA+ clients must innovate and educate as well as advocate. Not only does discrimination in the workplace injure and deprive individual LGBTQIA+ workers of their livelihoods, it stigmatizes LGBTQIA+ people as a group.

rb

Player & Sperino's 9th ed. of E'ment Discrim Nutshell

Congratulations to Mack Player (Santa Clara) and Sandra Sperino (Cincinnati) on the publication of the 9th edition of their Employment Discrimination in a Nutshell. Here's the publisher's description:

This text is designed to assist students—both law and undergraduate—to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.

rb

New edition of Arbitration Law

The new (4th) edition of Arbitration Law will be published in November and available for Spring 2021 courses. Authors are Kathy Stone (UCLA), Rick Bales (ONU), and Alex Colvin (Cornell ILR). Here's an excerpt from the publisher's description:

This casebook presents a comprehensive treatment of the legal issues involved in arbitration. The first four chapters address issues that arise under written agreements to arbitrate contained in private contracts. They present the law that has evolved under the Federal Arbitration Act, a statute that governs arbitration in contracts involving interstate commerce. Chapter 5 looks at arbitration in the labor management context that is governed by the Labor Management Relations Act. Chapter 6 addresses international commercial arbitration. Together the book is designed to give students a thorough understanding of arbitration law, and to provide a solid foundation for legal practice, whether in alternative dispute resolution tribunals or in the civil justice system.

rb

Cambridge Handbook of U.S. Labor Law ... Now in Paperback

The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century is now available in paperback. The list price is $34.99, but there's a 20% discount for ordering from this site and entering the code LAW3820 at checkout. Here's the publisher's description:

Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today’s workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

rb

LEL Arbitration Nutshell

The new (4th) edition of Nolan & Bales, Labor & Employment Arbitration in a Nutshell, is now available for pre-order. No doubt your loved ones all will enjoy a copy in their holiday stockings!

rb

.

.

.

New Edition of "ADR in the Workplace"

I'm happy to see that there is a new edition of the Labor Law Group textbook, ADR in the Workplace (West). Congratulations to all of the authors!

Jeff Hirsch

 

ADR in the Workplace, 4th Edition

Laura J. Cooper, Minnesota Dennis R. Nolan, South Carolina Richard A. Bales, Ohio Northern Stephen F. Befort, Minnesota Lise Gelernter, SUNY-Buffalo Michael Z. Green, Texas A&M ADR in the Workplace, 4th Edition will be published in April and available for your Fall 2020 course. About the Casebook: This text is suitable for use in law schools, business schools, and schools of industrial relations. It addresses ADR topics through a wide diversity of materials, including judicial decisions, arbitration awards, essays, and questions and problems for class discussion. Sections on judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair representation offer thorough coverage of legal issues. Extensive treatment of the substance and practice of labor arbitration provides material for courses focusing on labor arbitration practice. Materials on dispute resolution in the nonunion setting address a broad range of issues including law, theory, practice, and policy.

 

Travis' Dads for Daughters Book

Michelle Travis (University of San Francisco School of Law) has just published a new book, Dads For Daughters: How Fathers Can Give Their Daughters a Better, Brighter, Fairer Future. It's available for pre-order on Amazon and is launching a the end of January from Mango Publishers. Here's the abstract:

 

For decades, women have been breaking down barriers, cracking the glass ceiling, and proving and re-proving themselves. Yet our next generation of girls is still growing up in a profoundly unequal world. It's time to expand our efforts and accelerate our progress toward equality. To do that, we need more men to get involved.

 

Dads For Daughters is an invitation for more to join the fight for women's rights. Inspired by their daughters, fathers are uniquely positioned to become powerful allies for girls and women. But in a post-#MeToo world, it can be difficult for men to step in and speak up. Despite these challenges, many men are still coming forward as ready, willing, and able supporters, who want to learn more about becoming part of the solution. That's where Dads For Daughters can help. This book arms fathers with the data they need to advocate for gender equality. It also provides role models by sharing inspiring stories of dads of daughters who have already had an impact. Most importantly, it offers concrete strategies and expert advice for how more men can get involved.

 

In this book, dads of daughters will find a wide range of options for where to focus their energy--from mentoring women to equalizing pay, from sports fields to science labs, from building empathy to combating gender bias, from boardrooms to ballot boxes. With every small step, dads have the power to make incredible change and support the progress of girls and women in their families, workplaces, and communities.

 

Dads For Daughters also offers women a practical guide for recruiting passionate men into action. It highlights successful strategies for working with men to support girls and women, along with resources for engaging men in gender equality initiatives. Women and men are stronger working together. Together, we can create a more successful future for all of our daughters to thrive.    

 

Here's an image of the book:

 

Jeff Hirsch

New Book by Richard Bales and Charlotte Garden

Hot off the presses is The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century, edited by Richard Bales and Charlotte Garden.

The publisher summarizes:

Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book offers a politically diverse range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

I'll be pressing our library to get a copy of what couldn't be a timelier contribution.

CAS

New Book: NAFTA & NAALC

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.

rb

New Biography on Ron McCallum

Congratulations to Ron McCallum (emeritus at Sydney) on the publication of his memoir Born at the Right Time : A Memoir (Allen & Unwin, 2019). Here's the publisher's description:

Ron McCallum has been blind from birth. When he was a child, many blind people spent their lives making baskets in sheltered workshops, but Ron's mother had other ideas for her son. She insisted on treating him as normally as possible.

In this endearing memoir, Ron recounts his social awkwardness and physical mishaps, and shares his early fears that he might never manage to have a proper career, find love or become a parent. He has achieved all this and more, becoming a professor of law at a prestigious university, and chairing a committee at the United Nations.

Ron's glass is always half full. He has taken advantage of every new assistive technology and is in awe of what is now available to allow him and other blind people to realise their potential. His is a life richly lived, by a man who remains open to all people from all walks of life.

And here's a brief description of Ron from his U. Sydney bio:

Ronald C McCallum AO was the foundation Blake Dawson Waldron Professor in Industrial Law in the University of Sydney Law School. He took up this position in January 1993 and retired from this position on 30 September 2007. This Blake Dawson Waldron professorship was the first full professorship in industrial law at any Australian university. Ron is the first totally blind person to have been appointed to a full professorship in any field at any university in Australia or New Zealand. Ron McCallum was employed on a fixed-term contract as a Professor of Labour Law in Sydney Law School from 1 February 2008 until 31 December 2010. In January 2011, he was appointed to an Emeritus Professorship in Sydney Law School.

Neither of these descriptions do Ron justice, even halfway. His faculty bio somehow omits the fact that he was a longstanding and very successful dean at Sydney, and I think it's fair to say that he was the first "modern" dean of the law school in the sense that he elevated the position from that of a mostly internal administrator to an external representative of the Law School to the external world at a global level. More than that, Ron was extremely generous with his time mentoring generations of young labor academics, and one of the nicest, down-to-earth academic leaders I have ever had the privilege of meeting. Apropos of this, here's a tribute from Paul Harpur (Queensland), one of Ron's biggest fans:

Ron has had a profound impact upon those he has touched. I lost my eyesight at the age of 14 in a train accident and  followed Ron’s career with interest. It was no surprise that I followed Ron into labor law. in 2003 Ron and I became friends and ever since then I have seen Ron as a hero. It is no surprise that Ron and I are both blind, both labor lawyers, both academics, and both with an interest in the UN Convention on the Rights of Persons with Disabilities (Ron on formerly charring the CRPD Committee and Paul publishing on that same committee). Outside work Ron’s stories and generosity has influenced tens of thousands, and through his work on the UN CRPD Committee all persons with disabilities across the globe.

Thanks to Dennis Nolan (emeritus, South Carolina) for providing a heads-up on Ron's memoir.

UPDATE: Ron wrote to ask me to post the following:

Thank you for all of the very kind comments. I am truly humbled by your words. My life has been devoted to the teaching and practice of labour law to play my part in seeking to ensure fairness between workers and entrepreneurs. My book is titled “Born At The Right Time: A Memoir” and it comes out on 1 July in Australia and is published by Allen and Unwin. Overseas friends can purchase it through the book depository website.

Ron McCallum AO

rb

New Book: Principled Labor Law

Congratulations to Sergio Gamonal C. (Univ. Adolfo Ibanez - Santiago) and César F. Rosado Marzán (Chicago-Kent) on the publication of their book Principled Labor Law: U.S. Labor Law through a Latin American Method by Oxford University Press. Here's the publisher's description:

The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English.

Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.

rb

Seiner's Employment Discrimination Goes to 2d Edition

Congratulation to Joe Seiner (South Carolina) -- the second edition of his Employment Discrimination casebook has just been published by Wolters Kluwer. Here are the publisher's notes:

This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach with interactive materials. While still providing traditional coverage, Employment Discrimination: Procedure, Principles, and Practice, Second Edition (Seiner, Wolters Kluwer, 2019) emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter, which discusses the most effective ways to address workplace discrimination from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Text boxes within cases, historical notes, and news events effectively help bring the material to life. New to the Second Edition: a renewed focus on sexual harassment and a robust discussion of the #metoo movement; an examination of sexual orientation and a review of the conflicting federal appellate cases on whether it is protected by anti-discrimination laws; a new focus on appearance discrimination and the recent case law related to this issue; a discussion of how issues evolving in the gig economy can impact workplace discrimination.

rb

New Book: Learning Employment Law

Congratulations to Francis Mootz (Pacific-McGeorge), Leticia Saucedo (Cal.-Davis), and Mike Maslanka (North Texas) on the publication of their book Learning Employment Law (West 2019). Here's the publisher's description:

Learning Employment Law provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. The book succinctly reviews the historical backdrop of each issue to ensure that students gain the wider understanding necessary to effectively address contemporary problems. The book is comprised of 44 independent Lessons that can be structured by the professor to highlight different themes. Students will be exposed to common law and regulatory regimes, with a focus on the new workplace challenges of the platform economy, outsourced labor, and immigrant labor. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law.

rb

ILERA Call for Book Proposals

Here are the details:

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:

1. a brief description of the themes of the book;
2. its contribution to existing knowledge in the field;
3. its novelty compared with similar previous books;
4. a summary of the structure and contents of the book;
5. the names, full contact details and institutional affiliations of the authors and editors (if necessary);
6. a curriculum vitae of all contributors; and
7. a proposed time-table for completion of the manuscript.

Proposals can be sent by e-mail to: [email protected] and [email protected].

rb

Widiss on Workplace Effects of Intimate Partner Violence

Deborah Widiss (Indiana) has just posted a new book chapter on SSRN: Addressing the Workplace Effects of Intimate Partner Violence, in Violence and Abuse in the Workplace (Cary Cooper & Ronald Burke eds., forthcoming 2018).

Here's the abstract:

Although most physical violence against intimate partners occurs in the home, intimate partner violence (IPV) also affects workplaces. It often causes absences, productivity losses, and employee turnover; less commonly, perpetrators physically attack their intimate partners at work. This book chapter discusses best practices for decreasing workplace disruptions and the risk of workplace violence caused by IPV, and it explains legal standards that may apply. The primary focus is the United States, but research and legislation from other countries is also included. It also identifies websites that provide research, model policies, and other tools for organizations seeking to address IPV, including resources regarding employment of perpetrators of IPV.

This topic feels especially salient given the role of family violence in recent high profile shootings. This chapter looks like a helpful resource, and I'm looking forward to the book's release.

MM

Harpur on Discrimination, Copyright, & Equality

Congratulations to Paul Harpur (U. Queensland/Beirne Law) on the publication earlier this year by Cambridge University Press of his book Discrimination, Copyright & Inequality. The book analyses the interaction between anti-discrimination and copyright laws, in the international human rights and copyright jurisdictions, as well as in the national jurisdictions in Australia, Canada, the UK and USA. This work builds on international and domestic notions of digital equality and rights to access information. The core thesis of this monograph is that technology now creates the possibility that everyone in the world, regardless of their abilities or disabilities, should be able to access the written word.

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.

Congrats, Paul!

 

rb

New Edition of Labor Law: A Problem-Based Approach

Congratulations to Paul Secunda, Jeff Hirsch, and Mike Duff on the publication of the second edition of Labor Law: A Problem-Based Approach (2d ed. 2017). Here's the publisher's description:

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.

rb

Ware & Levinson on Arbitration Law

Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration Law (Concise Hornbook Series, available July 2017). Here's the publisher's description:

The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law―from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements―and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine―from statutes, judicial decisions, and other sources―focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration.

I haven't yet received a copy of the book, but know from reviewing the draft of the labor law chapter that it will be top-flight.

rb