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This was certainly needed as technology has also evolved from time to time and the nature of labor that was being used in the 1920s or so is not the same as is the nature today. This is certainly commendable. Along with the changes in laws, the emphasis on labor and its problems have also been shifted out of the center stage and matters that were directly being dealt with by the Secretaries Office have shifted out. This shows clearly that importance of the problems of labor have now become of a much lower priority and this is also clearly seen in the patterns of development of American business and industry where many production units have transferred their labor problems by shifting them out of United States. The government has also clearly remained out of the ambit of labor laws as no laws are applicable to government laborers. Thus it…
Norris-LaGuardia Act" Wikipedia. Retrieved at http://www.answers.com/topic/norris-laguardia-actAccessed 2 September, 2005
Taft-Hartley Labor Act" (2001-05) The Columbia Encyclopedia. Sixth Edition. Retrieved at http://www.bartleby.com/65/ta/TaftHart.html . Accessed 2 September, 2005
The NLRB: The Wagner Act of 1935" United States National Labor Relations Board.
Retrieved at http://www.stfrancis.edu /ba/ghkickul/stuwebs/btopics/works/wagner.htm. Accessed 2 September, 2005
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…
Bernstein, D. (1993). The Davis-Bacon Act: Let's Bring Jim Crow to an End. Accessed 12 December 2012. http://www.cato.org/pubs/briefs/bp-017.html
Cornell. (2007). Lilly M. Ledbetter, Petitioner v The Goodyear Tire & Rubber Company. Accessed 12 December 2012. http://www.law.cornell.edu/supct/html/05-1074.ZD.html
US DOL. (2012). The McNamara-O'Hara Service Contract Act (SCA). Accessed 12 December 2012. http://www.dol.gov/compliance/laws/comp-sca.htm#.UMrWu3Pjmjc
US DOL. (2012a). Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA). Accessed 12 December 2012. http://www.dol.gov/whd/flsa/#.UMrWpXPjmjc
Goodyear which effectively denied employees the right to sue for wage discrimination after the passing of 180 days that "Justice Ruth ader Ginsberg was so incensed she read her scathing dissent aloud from the bench. She defended Lilly Ledbetter's right to sue her employer, Goodyear Tire & Rubber Co., Inc. For pay discrimination on the basis of sex, giving a not-so-gentle reminder of the realities of the American workplace." (Steiger, 2007) Specifically written by Justice Ginsburg is that as follows:
worker knows immediately if she is denied a promotion or transfer, if she is fired or refused employment. And promotions, transfers, hirings, and firings are generally public events, known to co-workers. When an employer makes a decision of such open and definitive character, an employee can immediately seek out an explanation and evaluate it for pretext. Compensation disparities, in contrast, are often hidden from sight." (Steiger, 2007)
Steiger reports that…
Abrams, Jim (2009) House Approves Bill to Fight Wage Discrimination. Yahoo News. 9 Jan 2009. Online available at http://news.yahoo.com/s/ap/20090109/ap_on_go_co/pay_equity
Barko, N. (2000. June 19). The Other Gender Gap. (Online) Available http://www.prospect.org/archives/V11-15/barko-n.html .
Bland, T.S. (1999, July). Equal Pay Enforcement Heats Up. HR Magazine, p. 138-145.
Bland, T.S., Nail, T.N., Knox, D.P. (2000, May). OFCCP, White House push comparable worth. HR News, p. 22-24.
The Department of Labor is present today to promote, foster and develop the welfare of the employees or the labor force in the United States. The labor system focuses on the improvement of the working conditions and the fulfillment of opportunities for more profitable employment. As it would be known, rules and regulations are there to keep things in order. Similarly, the Labor system in the country is guided by laws that guarantee the rights and privileges of the labor force of the country.
The Department of Labor has made laws concerning working conditions, minimum hourly wage, and freedom from employment discrimination, worker's compensation and unemployment insurance. The labor system also aids in job training programs and it helps workers find jobs. Everyone needs a decent source of income and if a person has some sort of skill or talent, they should definitely make use of it.
Baron, J.N., Jennings, P.D. & Dobbin, F.R. (1988). Mission control? The development of personnel systems in us industry. American Sociological Review, pp. 497 -- 514.
Bronfenbrenner, K. (1996). Role of union strategies in nlrb certification elections, the. Indus. & Lab. Rel. Rev., 50 p. 195.
Democratizing the Global Economy: Empowering Workers, Building Democracy, Achieving Shared Prosperity. (2005). [e-book] Available through: AFL-CIO http://www.aflcio.org/content/download/6904/74567/file/res_6.pdf [Accessed: 21 Feb 2014].
Lindsey, A. (1964). The pullman strike. Chicago: University Of Chicago Press.
Many Chinese workers, including children, are forced to work in poor conditions (Ka Wai, 2004). Many workers are working in the town ship and village factories. According to a government report in 1984, the majority of township and village enterprises in China have at least one major problem that causes occupational disease. Many factory workers are working in dangerous conditions, in which poisonous chemicals, dust, and noise are predominant. As a result, many workers suffer from a variety of preventable health conditions.
Companies like Nike and eebok often subcontract factories in poor countries because they do not have to deal with production. By distancing themselves through subcontracting, benefiting from low production costs without having to take responsibility, they make huge profits.
In Indonesia, United States sportswear company Nike is often at the center of labor concerns (CNN, 2001). Workers at nine Indonesian factories under contract by Nike say they have…
2001). Hazardous forms of Child Labor in Nepal. GEFONT Paper presented in Preparatory Meeting on Developing Asian Network on Hazardous Child Labour
Manila 26-28, 2001. (Retrieved from the Internet at http://www.gefont.org/views/2001/child_labour.htm .(March 13, 2003). Informal sector marred by poor working condition. Mercantile Communications. Retrieved from the Internet at http://www.nepalnews.com.np/contents/englishdaily/trn/2003/mar/mar13/local1.htm.
CNN.com. (February 22, 2001). Abuse rife at Nike's Indonesia plants. Retrieved from the Internet at http://archives.cnn.com/2001/WORLD/asiapcf/southeast/02/22/indonesia.slaveshop/ .
Ellis, Becky. (2000). Globalisation, Sweatshops and Indonesian Women Workers. Retrieved from the Internet at http://www.angelfire.com/pr/red/feminism/globalisation_ss_indo_women.htm .
"eak protections under U.S. law allow children as young as 12 to work unlimited hours outside of school on tobacco farms of any size, and there is no minimum age for children to work on small farms. Despite the known risks of nicotine poisoning, there are no special provisions in U.S. laws or regulations to protect children from the unique hazards of tobacco work."
I was aware that there were a few exceptions to child labor laws on family farms. This alone is a sensitive issue given the potential for injury with lifelong consequences, along with the conscription of children into farming labor that may detract from their ability to pursue other careers. Yet until reading this passage, I had no idea that child labor was still permitted in a larger context in the United States, especially in large farm contexts. hen it comes to exposure to pesticides, dangerous…
Dorsey, James. "Study asserts that controversial gulf labor regime reduces global inequality." The World Post. 2014. Retrieved online: http://www.huffingtonpost.com/james-dorsey/study-asserts-that-contro_b_6131756.html
The open and free market economies proved successful from a management perspective, and government supported the primacy of the profit motive.
The consequences of these fluctuations has been a system that favors management in the United States. Labor unions have been systematically ridiculed socially, lumped together with communism and therefore derided by the American public. Similarly, labor unions have lost their political clout to a certain degree, and management has secured political power over laborers. Wages have remained deplorably low, so low that income disparity in the United States resembles that of Third World nations. Income disparity in the United States is the steepest of any other industrialized nation. Countries with strong labor laws such as the nations of northern Europe tend to be more egalitarian societies with fewer class distinctions and less of a wealth gap. The American model allows unbridled business growth at the expense of social justice.…
Freeman, R. (1996). Solving the new inequality. Boston Review. Retrieved April 13, 2007 at http://bostonreview.net/BR21.6/freeman.html
One example is when Teamsters president Ron Carey, during the UPS strike, was scheduled to stand for reelection against James P. Hoffa (Baird pp). Shortly before the UPS strike, questions were being raised by government officials regarding alleged illicit campaign donations to Carey's campaign in exchange for Teamster donations in the congressional and presidential elections of 1996 (Baird pp). Many believe that the strike diverted attention from Carey's legal problems and helped to solidify the political support and create the illusion that he was securing significant gains for the rank-and-file (Baird pp). Union officials routinely claim that the strike-threat system makes unionized workers much better off than nonunion workers, however the data from EPF disputes such claims (Baird pp).
Yet labor strikes have played an important role in the economic, political and social life throughout its history (Labor pp). From strikes by shoemakers, printers, bakers, and other artisans in the…
Baird, Charles W. "Who Wins in Strikes?
Thousands of Hotel Workers Poised to Strike for Health Care. http://www.aflcio.org/aboutunions/ns09172004.cfm
National Labor elations Act of 1935, and discuss how it protects employees.
The National Labor elations Act
The conventional union law, which constitutes much of labor law, concentrates on workers and worker rights collectively. One may distinguish this from employment legislation which deals largely with matters pertaining to individual workers' rights. Of the many rules and legislations that constitute labor law, the most important would be the 1935 NLA (National Labor elations Act), codified at 29 U.S.C. § 151-169. This piece of legislation aims at serving U.S. national interests with respect to labor relations in the nation. As one may observe in times of extensive labor strikes, tense employer-workforce relations can swiftly have serious, nationwide negative impacts. Well-defined policies with regard to management and labor foster the nation's best interests of maintaining maximum economic production. Peace in the manufacturing sector is critical to a successfully operating economy. Thus, the Act…
(n.d.). HR and Employment Law Hot Topics Index. National Labor Relations Act (NLRA) - HR Topics for human resources. Retrieved September 19, 2016, from http://topics.hrhero.com/national-labor-relations-act-nlra/#
(n.d.). LII / Legal Information Institute. National Labor Relations Act (NLRA) - Wex Legal Dictionary / Encyclopedia - LII / Legal Information Institute. Retrieved September 19, 2016, from http://www.law.cornell.edu/wex/national_labor_relations_act_nlra
Labor When it's Flat on its Back," by Thomas Geoghegan.
Specifically, it will discuss whether I agree or disagree with Geoghegan's question and title of his book.
THE LABO MOVEMENT
Geoghegan is a labor lawyer who has a dim view of the modern American labor movement. He believes it is past its prime and usefulness, and will eventually dwindle away, dying a lingering and painful death, and leaving millions of Americans unrepresented in its wake. He believes this will occur if total labor union membership falls below 10% in the United States. "U.S. manufacturing has gone down the drain, and with it, it seems, the entire labor movement. Just 16% of the workforce now , down from 20-25% ten years ago. Maybe it will drop to 12. Once it drops to 10, it might as well keep dropping to zero" (Geoghegan 3).
Unfortunately, the author's predictions seem to be coming…
Author not available. "An Interview With Labor Lawyer and Author Tom Geoghegan." All Things Considered (NPR). 25 Oct. 1995.
Editors. "U.S. Union Membership." The Labor Research Association. 2002. 6 Dec. 2002. http://www.lraonline.org/charts.php?id=29
Geoghegan, Thomas. Which Side are You on? Trying to be for Labor When it's Flat on its Back. New York: Farrar, Straus & Giroux, 1991.
Lowery, James. "Do We Need Labor Unions in America?" Resources for Labor Union Organizing (RLUO). 2001. 6 Dec. 2002. http://union-organizing.com/edit.html
While cases such as that of Kukdong graphically illustrate the importance of CS and codes of conduct, anti-sweatshop activists continue to display considerable hesitation and equivocation as they wrestle with implementing CS in China. In the words of the late activist Trim Bissell of the Campaign for Labor ights, China has become a "planetary black hole" attracting global production with its cheap labor, but "the anti-sweatshop movement has been without a China strategy."9For example, in January 2000, the University of California (UC) announced that it would not allow any university-licensed products to be produced in countries that do no tallow freedom of association and collective bargaining, in effect banning products made in China (China and the American Anti-Sweatshop Movement (http://126.96.36.199/search?q=cache:MfmUl9ll5pwJ:laborcenter.berkeley.edu/globaleconomy/china_american.pdf+china+sweatshops+unions&hl=en&gl=us&ct=clnk&cd=9&ie=UTF-8)."
Efforts are underway to accomplish several things when it comes to China's sweatshops. The first thing that the union and labor leaders are demanding is that the world pay closer…
Frequently Asked Questions About Sweatshops and Women Workers
http://www.feminist.org/other/sweatshops/sweatfaq.html (Accessed 5-25-06)
US union to tour China factories (Accessed 5-25-06)
The procedures, rules and regulations for creating the unions are varying in different parts of the world. Moreover, those labors are not accustomed to the working conditions, rules and regulations and provide less desirable attributes for labor works. Hill (2007) also explained with extensive research statistics for the establishment of union programs in different regions such as Mexico.Despite rules and regulations, the labors are forced to work as salves. They are not given the complete incentives that their job description offers. With this in mind, the labor unions continue to present an idea on its rapid growth so that labors can be given their rights with freedoms. According to Hill (2007), labor unions though provide some solutions for immigrant labors however; effective programs and measures are working towards the change that is needed by these unions (Hill, 2007). The formation of labor unions can be useful to control the illegal…
Baldwin, R.E. (2002). The Decline of Us Labor Unions and the Role of Trade. Washington, D.C.: Institute for International Economics.
This book depicts the history of labor unions and tells us the circumstances under most of the labor unions declined. It tells us about the role played by labor unions in the past and what were their failures due to which they faced their decline. Besides this, it also relates the labor unions with trade.
Compa, L. (1993). Labor Rights and Labor Standards in International Trade. Law and Policy in International Business, 165-191.
Compa, in this article describes the problems that labor faces in many companies and how due to these problems many of the members of these unions leave their team. This article tells that it is imperative that labor unions should not involve in each and every matter of the company but should only involve in such matters where they think it is suitable.
The prevailing child labor practices in the world not only jeopardize the childhood of the children but also adversely effects their cognitive, physical, mental, behavioral and social aspects of life. The child labor practices are followed due to the rate of increased poverty and cultural beliefs which enforces the children to contribute in the house hold income. The lawsuits against the child labor exist but are not applied to the fullest due to the poverty rate and lack of educational and institutional services for the under privileged children. Therefore, the awareness among the parents and adults should be increased about the hazards of child labor on the life of children and families should be provided with adequate support to refrain their dependency on the earnings of their children.
Causes of Child Labor
Child Labor Statistics
Law Suits against Child Labor
Steps to Eradicate Child Labor…
Grootaert, C., & Kanbur, R. (1995). Child labor: A review. World Bank Policy Research Working Paper, (1454).
International Labor Organization (2012).Making progress against child labor. Available from:http://www.ilo.org/wcmsp5/groups/public/-ed_norm/-ipec/documents/publication/wcms_221513.pdf
Moehling, C.M. (1999). State child labor laws and the decline of child labor. Explorations in Economic History, 36(1), 72-106.
Shonkoff, J.P., & Phillips, D.A. (2000).From neurons to neighborhoods: The science of early childhood development. National Academy Press, 2101 Constitution Avenue, NW, Lockbox 285, Washington, DC 20055.
American History after 1865: Labor Unions
As technology and the Industrial Revolution advanced following the end of the Civil War, more and more factories opened and more and more workers of all ages were being hired to fill the demanding schedules that factory owners required. Various industries—such as the meat packing industry of the 1900s (memorialized by Upton Sinclair in The Jungle)—were notorious for unsafe working environments. There were no child labor laws in effect nor any wage laws. Workers were often expected to put in long workdays, which led to overwork and an increase in workplace accidents (Schultz, 2018). From 1865 to 1940, the development of labor unions was generally a positive force leading to economic stability and the implementation of necessary laws that made businesses safer and promoted job growth.
By 1871, workplace conditions in factories were already terrible. Whitaker (1871) showed as much in his treatise “The…
Labor Negotiating Practices
The issue of labor negotiating practices is one of the most important issues that companies must address. This is because the sensitiveness of labor problems is reflected in their legal implications. The battle between employers and employees becomes more and more difficult and requires advanced negotiation skills.
Company's Stance towards Labor Issues
The company that is analyzed in this case is represented by the companies that joined their forces in order to purchase Twinkies and other important brands from Hostess in their attempt to invest in their revival. These companies are represented by Metropoulos and Co. And Apollo Global Management. The potential of these brands has been acknowledged by the two companies that are interested in opening up new production plants. This means that they will hire a large number of employees. However, the issue in this case is that these companies are not interested in allowing…
1. Feintzeig, R. (2013). New Twinkie Maker Shuns Union Labor. The Wall Street Journal. Retrieved May 20, 2013 from http://online.wsj.com/article/SB10001424127887324474004578443062380660262.html .
2. Farrell, J. (2013). Twinkies and Labor Unions: Explaining the Hostess Collapse. Retrieved May 21, 2013 from http://www.policymic.com/articles/19288/twinkies-and-labor-unions-explaining-the-hostess-collapse.
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…
EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment
Opportunities Commission. Retrieved on September 25, 2013 from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human
Resource Management. Retrieved on September 25, 2013 from http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx
Labor Relations in Public Sector
Collective bargaining in the public sector organizations will be quite different from that of the private sector organizations. The factors that drive the collective bargaining process in the private sector might not be present in the public sector. Private sector organizations are more concerned on the profit maximization philosophy whereas the public sector firms are more focused on serving general public therefore their priorities would be totally different and management approaches to collective bargaining would also be different. Moreover, private sector firms project for long-term budget forecasting, whereas in the public sector it is managed through third party legislature depending on the voters. These create challenges for the public sector to formulate a policy document that looks after the labor relations.
The Public Employees Fair Employment Act, commonly known as the Taylor Law, is a labor relations ruling policy document that covers public employees in…
The question is should a worker have the ability to stop work as part of their collective bargaining rights at the expense of the public good. And, how much is the public good actually represented by the interests of the organization the company is striking against vs. its own selfish interests?
Ultimatately wokers should have the right to choose when they will work and under what conditions. The Taft-Harley Act is aply labeled the "slave-labor" bill. As economist Murray Rothbard explains,
There is no moral excuse, in a socity claiming to be opposed to slavery and in a country which has outlawed involuntary servicture, for any legal or judicial action probibiting strings-or jailing union leaders who fail to comply. Slavery is all too often more convenient for the slavemasters."
Further, if the public good is truly at stake, public pressure will help ensure that a strike is quickly resolved by…
Foner, Eric. Give Me Liberty!: An American History. New York: W.W. Norton, 2004.
Gordon, Jerry. "The Taft-Hartley Act: Why the American Labor Movement Called it a "Slave Labor Bill. http://www.owcinfo.org/campaign/ILWU/Slave%20Labor%20Act.htm
Harry S. Truman." The American Presidency Project. http://www.presidency.ucsb.edu/ws/index.php?pid=12675
Taft-Hartley Act. http://en.wikipedia.org/wiki/Taft-Hartley_Act "Taft-Hartley Labor Act http://www.infoplease.com/ce6/bus/A0847620.html
Labor and Union Studies in ashington and Oregon States
The United States labor movement has its roots in the complex trappings of the industrial revolution. Laborers were just starting to come to the United States from foreign countries because they had learned that there were many jobs available for even the most unskilled worker. People were also moving from rural areas in America to the cities in an attempt ti have a better life also without the uncertainties that governed farm profits. The growth in many industries was a result of new technologies that allowed people to purchase items that had previously been made by hand far cheaper because the products could now be mass produced in the factories. The problem was that the owners of these factories did not care how the workers were treated because there were many more begging to have a low-paying job in a factory…
Bloom, Nick, Toby Kretschmer, and John van Reenen. Work-Life Balance, Management Practices and Productivity. London: London School Of Economics -- Center for Economic Performance, 2006. Print.
Brundage, Michael. "Working at Microsoft." qbrundage. Web.
Bureau of Labor Statistics. "Union Membership in Oregon -- 2010." United States Department of Labor (2010). Web.
Grant, Michel, and Jean Harvey. "Unions and Productivity: Convergence or Divergence in Perspectives." International Studies of Management & Organization 22.4 (1992): 93-98. Print.
Surveys have found that the public find business leaders to be more trustworthy than union leaders and many members of non-union families disapprove of unions. Other factors include the increased trend towards smaller sizes of new factories. Moreover, the American workforce has changed significantly in terms of composition, i.e. age, sex, education and race. Some cyclical phenomenon in the political, social and economic environment in the U.S. has also lead to the decline in union membership. These cyclical explanations for the decline include economic factors like the rising unemployment rates in the U.S., the mounting influence of the epublicans since 1952 in national politics, and the drop in class conflicts in the country. The unions also must take a major portion of blame for failure to deploy significant portions of their budgets for organizing new union activities. (Caplow; Bahr; Chadwick; Modell, 1994); (Goldfield, 1989)
As of 2006, only 12.5% of…
Bennett, James T; Kaufman, Bruce E. (2002) "The future of private sector unionism in the United States" M.E. Sharpe.
Caplow, Theodore; Bahr, Howard M; Chadwick, Bruce A; Modell, John. (1994) "Recent Social
Trends in the United States, 1960-1990" McGill-Queen's University Press.
Farber, Henry. S; Krueger, Alan. B. (1992) "Union Membership in the United States: The
The more effective such systems of transport, the easier it is for labor to either to commute to work a fair distance from their home. Cities provide concentrated sources of labor that may not need to commute far distances. Also, the willingness of laborers to leave their home communities and relocate is an important cultural factor to remember, as well as the cost of transportation. Finally, in some areas, gas for cats is quite expensive, while public transportation is fairly cheap, which will affect labor patterns of migration and may be different than one might expect from one's experience in America.
Local attitudes to international companies, towards a diverse workforce, and to employing refugees may vary from country to country.
The diversity of the labor force, whether it is primarily skilled or unskilled, diverse or homogeneous in its ethnic, age, or skill composition will affect what types…
Reference for Business. Business Encyclopedia. Published by Thomson, Inc. Available 21 Nov 2006 at http://www.referenceforbusiness.com/management/Gr-Int/International-Management.html
ubstance Abuse Testing - the substance abuse testing policy for the construction industry that are union workers in British Columbia allows for: (1) pre-access testing prior to entering a job site; (2) voluntary testing; (3) post-accident testing; (4) reasonable suspicion testing; (5) return-to-work testing; and (6) testing following a probationary status. (eale, 2008) However, pre-employment and random testing for substances is considered unacceptable in British Columbia. (Harassment - the law in British Columbia makes it a violation of an employer to allow or contribute to sexual harassment of an employee in the workplace. Ministry of Attorney General, British Columbia, 2008)
Employment Contracts and Restrict Covenants - Restrictive covenants make the provision for several limitations: (1) Employee may be prohibited from working for business competition for a period of time after they leave their employment:; (2) territorial limits may restrict the employee from joining competition within defined a defined territory; (3)…
Substance Abuse Testing - the substance abuse testing policy for the construction industry that are union workers in British Columbia allows for: (1) pre-access testing prior to entering a job site; (2) voluntary testing; (3) post-accident testing; (4) reasonable suspicion testing; (5) return-to-work testing; and (6) testing following a probationary status. (Seale, 2008) However, pre-employment and random testing for substances is considered unacceptable in British Columbia. (Harassment - the law in British Columbia makes it a violation of an employer to allow or contribute to sexual harassment of an employee in the workplace. Ministry of Attorney General, British Columbia, 2008)
Employment Contracts and Restrict Covenants - Restrictive covenants make the provision for several limitations: (1) Employee may be prohibited from working for business competition for a period of time after they leave their employment:; (2) territorial limits may restrict the employee from joining competition within defined a defined territory; (3) Other restrictive covenants have to do with intellectual property of the employer. Restrictive covenants may be contractual in nature and always are exceptional in nature. Ministry of Attorney General, British Columbia, 2008)
Workplace Health, Safety and Standards - Workplace safety standards are set out in B.C. Reg. 312/2003, effective October 29, 2003, and amended by B.C. Reg. 243/2006, effective January 1, 2007. These regulations call for safely constructed and maintained workplace environments. (B.C. Reg 258/2009, effective January 1, 2009)
Law of Demand
Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.
Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…
Garegnani, P., (1970). Heterogeneous Capital, the Production Function and the Theory of Distribution. Review of Economic Studies, 37(3), 407 -- 436.
Sullivan, A. & Sheffrin, S.M. (2003). Economics: Principles in Action. Upper Saddle River,
New Jersey: Pearson Prentice Hall.
Vienneau, R.L. (2005). On Labour Demand and Equilibria of the Firm. Manchester School,
All of the employees on an airplane, for example, could form themselves into a vertical bargaining unit if they chose, the unit including stewards and stewardesses, as well as pilots. Similarly, in a school, teachers, janitors, and office staff could all form a vertical unit. In contrast a horizontal bargaining unit unites all those who perform similar work. The fact that the pilots at Spirit Airlines belong to a pilots union that includes pilots from other airlines means that they constitute a horizontal bargaining unit. As well, teachers in the Chico school could form a horizontal bargaining unit if they joined with other teachers at different schools, and even in different districts. Members of a bargaining unit agree to work together because they share common interests and goals. Bargaining units appear either as elements of unions or as workers uniting for a common purpose. An entire union is also frequently…
"Arbitration panel rules in Favor of Spirit Airlines pilots in days-off conflict." Airline Industry Information, 18 March 2009. URL: http://www.allbusiness.com/labor-employment/labor-relations-labor/11818635-1.html .
Beam, Christopher. "Uncivil Union: Does card check kill the secret ballot or not?" Slate.com. 10 March 2009. URL: http://www.slate.com/id/2213352/ .
Craggs, Tommy. "King NBA: What's with the overpraise for pro-basketball commissioner David Stern?" Slate.com. 19 February 2009. URL: http://www.slate.com/id/2211157/pagenum/all/#p2 .
Epstein, Richard a. "Epstein: Mandatory Labor Arbitration." Washington Times. 24 March, 2009. URL: http://www.washingtontimes.com/news/2009/mar/24/mandatory-labor-arbitration/ .
Labor elations/Collective Bargaining
The discussion below is a review of the case between Mach Mining and EEOC
A close look at the sex discrimination case against March Mining LLC, EEOC, and the respondent decided that there was enough ground to believe that the company engaged in hiring malpractices. Mach Mining LLC and the complainant were requested to attend conciliatory proceedings. They were also notified that an appointed representative would contact them to start the meetings. After one year, Mach Mining was sent a letter notifying them that the conciliation process had hit a deadlock and, thus, failed. The commission formally sued Mach Mining in the federal court. Mach Mining on its part claimed that the commission had not made the conciliatory efforts in good faith. The commission sought to demonstrate that it had fulfilled its judicial responsibility, and pointed out the act of sending Mach Mining the letters (MACH MINING,…
(n.d.). Home - Supreme Court of the United States. MACH MINING, LLC v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Retrieved September 2, 2016, from http://www.supremecourt.gov/opinions/14pdf/13-1019_c1o2.pdf
(2015). National Law Review: latest business law news and legal analysis. Supreme Court's Decision in Mach Mining Impacts Employers' Approach to Conciliation with the EEOC - The National Law Review. Retrieved September 2, 2016, from http://www.natlawreview.com/article/supreme-court-s-decision-mach-mining-impacts-employers-approach-to-conciliation-eeoc
In refusing to bargain or negotiate with Mr. Bolton, attorney for Mr. Allen, the Postal Service was upholding its contract with the Union to consider the Union the sole bargaining agent for Mr. Allen and other rural mail carriers. The Union's claim that management discounted the information provided by Mr. Bolton because he was a non-bargaining agent is a gross misrepresentation of the occurrence; no real information was provided by Mr. Bolton that had bearing on this case, and management politely but firmly denied to further correspond with the attorney for matters it had contracted to negotiate through the union. Management had stated that Allen would be reinstated should the charges be dropped or Allen acquitted, and until that time the grievance and dismissal were solely labor -- and not criminal -- concerns.
There is no reason that the Union should not be allowed to provide character witnesses attesting to…
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…
Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA
SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov
Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
Other employment prospects in fields such as petty trading, retailing, transportation and domestic service also developed simultaneously in urban areas. In the nineteenth century, when the industrial working class became much larger and more important in the social structure they begin to assert themselves socially, politically and economically, evolving into the social order we see today.
Growth of Cities
According to Jeffery G. Williamson (1990) Britain grew at an unusually rapid growth rate during the first part of the nineteenth century. Census data of the period indicates that some nineteenth-century cities grew at rates "that would bring cold sweat to the brow of twentieth-century housing committees" (p.2). Glasgow grew at 3.2% annum in 1830's, Manchester and Salford at 3.9% in the 1820's; Bradford at 5.9% in the 1830s, and Dukinfield nearly tripled in size the 1820's. These were the fast-growing cities and towns in the industrializing north.
The British population…
Comanor, W.S. (2005). Life during the Industrial Revolution. World book. irthebest.com. Retrieved November 19, 2011, from http://www.irthebest.com/industry_Industrial_life.html
Emsley, C., Hitchcock, T., & Shoemaker, R. (2011, March). Communities -- Irish London. Old Bailey proceediongs online. Retrieved November 19, 2011, from http://www.oldbaileyonline.org/static/Irish.jsp
"Industrial revolution: The industrial revolution in Great Britain." (2006) The Columbia electronic encyclopedia. Pearson Education Publishing as Infoplease. Retrieved November 16, 2011, from http://www.infoplease.com/ce6/history/A0858818.html
Kreis, S. (2001). The origins of the industrial revolution in England. The history guide. Retrieved November 19, 2011, from http://www.historyguide.org/intellect/lecture17a.html
A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting a dispute with its officials, who formed a union in 2012, when the dispute with the players arose (Parker, 2014). The MLS Player's Union (MLSPU) and MLS had just seen their prior five-year deal expire, and the union was seeking more flexibility for its members. The structure of Major League Soccer is that the league owns all of the contracts for the players. The teams are franchises, and negotiate deals with the players, but ultimately the league has final say over player movements. This restricts the rights of the players with respect to free agency. Soccer players in Europe, where several leagues act as competitors with MLS for playing talent, players enjoy full free agency when their contract ends. In…
Cohen, J. (2015). MLS' CBA negotiations: Federal mediation, salary cap and steps toward free agency. Law in Sport. Retrieved April 5, 2015 from http://www.lawinsport.com/articles/item/major-league-soccer-s-collective-bargaining-negotiations-federal-mediation-salary-cap-and-steps-toward-free-agency
Parker, G. (2014). MLS hopes of growth, grandeur could be slowed by contract negotiations. Al Jazeera. Retrieved April 5, 2015 from http://america.aljazeera.com/articles/2014/4/18/mls-union-contract.html
Brenner, S. (2015). Will MLS players go on strike? The CBA dispute explained. The Guardian. Retrieved April 5, 2015 from http://www.theguardian.com/football/2015/feb/16/will-mls-players-go-on-strike-the-cba-dispute-explained
Carlisle, J. (2015). The details of Major League Soccer's new collective bargaining agreement. ESPN FC. Retrieved April 5, 2015 from http://www.espnfc.us/major-league-soccer/19/blog/post/2332341/the-details-on-major-league-soccers-new-collective-bargaining-agreement
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
Role of Labor Unions in Industrial Relations
In their definition, labor unions have always been known as organizations that have always aimed at getting their members both financial and non-financial benefits. The role of labor unions is however bigger than that and they have been known to aid in helping employers improve the productivity and discipline of their workers. Labor unions respond to issues differently. This is explained by the differences in industrial relations contexts and also policies of different states as well as strategies of the various employers around the country.
Employees come together to form a labor union to achieve a common goal. Labor unions have several goals. Some of the goals include agitating for higher retirement benefits as well as other benefits for its members. They also seek to increase the number of workers assigned for specific job tasks. They ensure that employees work under good and…
Baglioni, G. And C. Crouch (eds.) (1990) European Industrial Relations. The Challenge of Flexibility (London: Sage).
Barrow, C. (2013). Industrial Relations Law. New York: Routledge.
Blanpain, R. (2007). Decentralizing Industrial Relations and the Role of Labor Unions and Employee Representatives. New York: Kluwer Law International.
Blanpain, R., & Baker, J. (2010).Comparative Labor Law and Industrial Relations in Industrialized Market Economies. New York: Kluwer Law International.
If the foundations of the NLA are to be supported, the illegal worker will need to be provided with the complete display of NLA solutions. With that said, the tension still remains.
Statistics do show that illegal aliens are accounting for 21% of the foreign born populace in the U.S. In 2000 with that amount snowballing to 30% by 2005(Abraham, 2002). With numbers progressively going up each year, a lot have started asking why. They want to know where are the immigrants coming from and why are there so many of them that are allowed to come into the nation. Statistics display that Mexico is the major distributor of illegal and legal immigrants (http://cis.org/illegal). Statistics show that more than half of the Mexicans that are living in the U.S. In the year 2000 were illegitimate (odriguez, 2006). By 2004, 10.5 million illegal and legal immigrants that were Mexican…
Foreign sourcing decisions under the duty to bargain under the nlra. (1973). The International Executive (Pre-1986), 15(1), 17.
Abraham, S.E. (2002). The supervisory exclusion under the NLRA: Has the Supreme Court gone too far? Working USA, 6(1), 77-77.
Cimini, C.N. (2008). Ask, don't tell: Ethical issues surrounding undocumented workers' status in employment litigation. Stanford Law Review, 61(2), 355-415.
Delaney, J.T., Lewin, D., & Sockell, D. (1985). The NLRA at fifty: A research appraisal and agenda. Industrial & Labor Relations Review, 39(1), 46-46.
3408 Term 1 Coursework 2012-13
Law 3408 course work
Employers engage workers on either contracts of service or contracts for services. Therefore, any person engaged under a contract of service qualifies as an employee and enjoys full protection as per the employment legislation. In addition, a self-employed individual must possess a contract for services with the party for whom one offers their services. It is important for people to acknowledge their status whether they fall under the employed or under the self-employed (Sargeant and David, 2012). In Victoria's case, it is apparent that she does not have a written contract; or rather, a contract to indicate what terms she works under. This clearly verifies that Victoria does not fall under any category of employment because she lacks a contract.
Under the employment law, it is evident that if there is no contract between two parties (employer and employee),…
Honeyball, S. 2011.Great Debates: Employment law. Basingstoke: Palgrave Macmillan
Kidner, R. 2012.Blackstone's statutes on employment law, 2012-2013. Oxford: OxfordUniversity Press
Sargeant, M, and David, L. 2012. Employment law. Harlow: Longman.
But when it just recently occurred in 2004 at a store in Jonquiere, British Columbia, the reader must appreciate that a real battle had been won. The original efforts of that particular store for example had the local labor Commission reject certification by a margin of 74 to 65. When the union announced that it won the coveted certification at Quebec, it was quite a blow to the retailer. The Quebec Labour elations Commission issued the order certifying the United Food and Commercial Workers Union (UFCW) as the bargaining agent of employees in Wal-Mart's store in Jonquiere. As noted, the reason a victory of this magnitude is huge is because of the policies and tactics used by Wal-Mart. The retailer works diligently to prevent its workforce from engaging in any collective action and they have consistently shown that they are willing to cross the line to guarantee their position.
Baek, Seung Wook. (2000.) "The Changing Trade Unions in China." Journal of Contemporary Asia: March.
Budd, John W. (1994). "The Effect of Multinational Institutions on Strike Activity in Canada." Industrial and Labor Relations Review.
Corbett, Brian (2002). "Southern hospitality." Ward's Auto World, August.
Delsohn, Gary. (1997.) "UPS Strike May Revive American Labor Movement." Knight Ridder/Tribune Business News: Sept.
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
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Mayer Brown is a global legal services organisation comprising
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The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
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GOP Aacks on NLRB
Labor Movemen & Srucure of he NLRB
In his paper I explore he sae of he curren relaionship beween he Republican Pary and he Labor movemen in he Unied Saes. In par one I briefly race he hisory of he labor movemen in he Unied Saes and he passage of he Naional Labor Relaions Ac and he emergence of he Naional Labor Relaions Board. . In he paper's second secion, I discuss he GOP's sraegy a he sae level-wih special aenion paid o Wisconsin and Ohio. In par hree, I discuss he GOP's sraegy a he naional level wih respec o heir aacks on he Naional Labor Relaions Board, focusing specifically on he House's refusal o appoin and approve anymore Board Members and heir recen passage of he Proecing Jobs from Governmen Inerference Ac. Finally, I explore boh he fuure prospecs of union busing sraegies and…
to the Board's duties and mission. The site houses a copy of the National Labor Relations Act of 1935 and its subsequent amendments, in addition to an explanation of the duties of the NLRB, its dispute resolution process, directions regarding how to file a complaint, and the life cycle of labor law violations.
Zieger, R.H., & Hall, G.J. (2002). American workers, american unions: The twentieth century. (pp. 13-56). Baltimore: John Hopkins University Press.
Zieger and Hall catalogue the history of the American Labor Movement by beginning with a frank look at the state of unregulated industry in the first quarter of the twentieth century. They move on to catalogue the rise and fall of the American Labor Movement including the emergence of the strikes, the legal battles, the issue of race and labor, and finally the nature of labor in the United States at the beginning of the 21st Century. Zieger and Hall provide an extensive historical and legal overview of the rise of the unions.
During that time he was director of labour market policies, coordinated technical work in eastern Europe following the collapse of the erlin wall and was director of the ILO's Socio-Economic Security Program. In 1998-99, he served as a member of the transition team of the new Director General Juan Somavia. It would be fair to say that he knows the ILO inside out. Now Professor of Economic Security at the University of ath in the UK, he is well placed to reflect on the organization's potential and failings. (Standing)
Focus of the ILO
The roots of the ILO's current problems began in the 1970s, according to Standing, with the rise of economic philosophies that tended to view any kind of regulation as a 'market distortion'. It was not long before the ILO was seen as a symbol of an antiquated way of thinking. The U.S.A. actually pulled out from 1977…
Alston, Philip 2. "Core Labour Standards' and the Transformation of the International Labour
Rights Regime." 2004. Oxford Journals. 29 January 2009 http://ejil.oxfordjournals.org/cgi/content/abstract/15/3/457 .
Alston, Philip. Facing up to the Complexities of the ILO's Core Labour Standards Agenda.
Working Paper. New York: New York University School of Law, 2005.
However, in recent history, the NLB has not always been a 'friend' to nurses. Precisely who constitutes a supervisor and an employee is of critical importance in determining who has the right to engage in collective bargaining under the law. In 2006, the National Labor elations Board (NLB) "dealt a severe blow to nurses' and other workers' rights to join unions and bargain collectively….the board ruled that many charge nurses were supervisors, and therefore excluded from the protections under the National Labor elations Act" (NLB, 2006, AFSCME). The relative ease of defining certain employees as supervisors has been used to limit the ability of nurses to strike. According to the current terms of the National Labor elations Act, a supervisor is "any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to…
Employee rights. . (2011). National Labor Relations Board (NLRB). Retrieved February 22,
2011 at http://www.nlrb.gov/rights-we-protect/employee-rights
FAQ. (2011). National Labor Relations Board (NLRB). Retrieved February 22, 2011 at http://www.nlrb.gov/faq/nlrb
National Labor Relations Act. (2011). National Labor Relations Board (NLRB). Retrieved
" (Turkstra, 2008)
VII. CHURCH & LAOR ALLIANCE ENDS
The alliance between labour and the church began to notably weaken and in 1921 the printers' strike in Toronto "was the final blow that ended the alliance between the churches and labour." (Turkstra, 2008) Turkstra states that this conflict centered around the Methodist ook Room and the refusal of the superintendent S.W. Fallis to agree to the demand of workers for a 44-hour workweek. This strike is stated to have caused "irreparable damage to the alliance between labour and the churches..." (Turkstra, 2008) the labour leaders had been willing to engage with the churches prior to the war because."..a complete rejection of the churches might have alienated potential supports. Also they would have recognized that church bodies and ministers were important models in the community and an alliance, therefore, would help put pressure on the government to pass legislation that was…
Leir, Mark (2003) the Strike as Political Protest. Online available at http://www.sfu.ca/labour/HEU,%20The%20Strike%20as%20Political%20Protest5.pdf
Turkstra, Melissa, Constructing a Labour Gospel: Labour and Religion in Early 20th-Century Ontario. Labour/Le Travail.57 (2006): 53 pars. 12 Aug. 2008 http://www.historycooperative.org/journals/llt/57/turkstra.html
Palmer, Bryan D. (2003) What's Law Got to do With it? Historical Considerations on Class Struggle, Boundaries of Constraint, and Capitalist Authority? Canadian Research Chair 2003. Online available at http://www.ohlj.ca/archive/articles/41_23_palmer.pdf
Private Sector Labor
The National Labor Relations Act (NLRA) and the regulations promulgated under it were enacted to help manage the relationship between private sector employers, employees, and labor unions. These labor laws protect employees' right to unionize. Furthermore, the labor laws protect the rights of both employers and employees to engage in certain protected activities, for example, strikes and lockouts. Almost all employers and employees engaged in businesses that effect interstate commerce are covered under the NLRA and are subject to the jurisdiction of its governing board, the National Labor Relations Board (NLRB).
However, the NLRA does not apply to relations between government employers and their employees. Therefore, government employees do not have the same right to organize and join labor unions as non-government workers, even when engaged in professions where they would otherwise be able to join labor unions. Instead, employees employed by the Federal government are…
Business Entities, Laws, And egulations
This paper will focus on the challenges faced by one start-up businesses and an established company with labor issues. For the start-up, a birth clinic, a case needs to be made for the type of business entity they should each use. The established company is a construction company whose business entity must be identified and employment law pertaining to the scenario will be discussed. For each business, identification of the best business entity for the given situation needs to be accomplished first. The decision of the type of business entity will take into consideration control, taxation, and liability issues. eview of the laws and regulations that each ownership group must consider and identification of risks that the businesses should protect against will be discussed. eview of the construction company's business structure and how it affects control, taxation, and liability issues along with how employment law…
Cheeseman, H.R. (2010). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues. (6th ed.) Upper Saddle River, NJ: Pearson Prentice Hall.
University of Phoenix. (2010). Course syllabus. Retrieved from University of Phoenix, BUS415 - Business Law website.
Status of the Labor Movement
While labor movements are not as conspicuous today as they were in previous years, they still assume an essential part in representing and protecting the American workforce. Sweatshop conditions that were eradicated at some point are back to the U.S. workplace. Poor workers from foreign countries have been continuous victims of sweatshops. As a result, unions, social activists, and labor groups have reacted by mobilizing campaigns on awareness and lobbying political leaders for action about employee contracts.
Labor movements are essential in the current labor market through the reporting and monitoring of exploitative working conditions. This is because they permit representatives to viably bargain for their wages and provide an emotionally supportive network for workers. Unions provide a check against employers who attempt to infringe the privileges of laborers. The destiny of the labor movement is premised on the destiny of American democracy. Lack of…
Dubofsky, M. (2009). The state & labor in modern America. Chapel Hill u.a: Univ. Of North Carolina Press.
Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall.
Wheeler, H.N. (2012). The future of the American labor movement. Cambridge [u.a.: Cambridge Univ. Press.
In 1981, President onald eagan fired many striking air traffic controllers employed by Federal Aviation Administration. In the face of various challenges confronting labor unions, the union membership drastically, continue to decline. Since support from political party has declined, many workers believe that union's ability to protect their interests has drastically declined, and thus, many private workers belief that it is no longer necessary to be union members.
oberts, (1997) argue that labor unions have faced hard times and sustained membership loss. The hard times ranging from diminishing influence of bargaining to the intense of global competition and technological changes.
Added to the political influence that contributes to the decline of the union, there are other external dynamics affecting labor unions. Globalization has been identified as the one of the external dynamic that has impact on the unions' strategies.
External Dynamics affecting the Labor Unions
One of the external dynamics…
ASHHRA (2010). The Workplace Multigenerational Strategies & Solutions for healthcare employers. American Society for the Administration of Healthcare Human Resources (ASHHRA)
Devinatz V.G.(2011). U.S. Trade Unionism Under Globalization: The death of Voluntarism and the Turn to Politics. Labor Law Journal. 62 (1).
Estreicher, S. (2010). Trade Unionism Under Globalization: The Demise of Voluntarism. Saint Louis University Law Journal .54: 415-426.
Griswold, D. (2010). Unions, Protectionism, and U.S. Competitiveness. CATO Journal. 30 (1): 181-196.
Methodological consideration on the project is designed as tri-partite study of legal and popular culture on UK immigration and the new formations of labour and capital through: Phase I: Archival esearch; Phase II: Data Analysis; and Phase III: Writing. Iterative archival and internet research will be employed throughout the project in order to craft substantive dialogue into the dissemination and publication of the project.
Implications to the Study
A study on migrant workers in the UK during a radical shift in the global economy, the research promises to offer new information on the mechanistic uses of law to redirect labour where capital flows are no longer adequate to sustain them. Integral to prospectus of the project is a comparative legal perspective, meant to engage and challenge our taken for granted assumptions about the role, rights and responsibilities of foreign nationals as they attempt to participate in Britain's democracy. Outcomes…
Downturn cuts foreign worker jobs (2009). BBC News. Available at: http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/politics/8317193.stm
Employment Act, 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009. Office of Public Sector Information (OPSI). Available at: http://www.legislation.gov.uk/uksi/2009/603/pdfs/uksi_20090603_en.pdf
Employment Rights Act 1996. Order 2009. Office of Public Sector Information (OPSI). Available at: http://www.legislation.gov.uk/ukpga/1996/18/contents
A Gillespie 'The Human Rights Act 1998 and the European Convention on Human Rights (ECHR)' Jurist. Available at: http://jurist.law.pitt.edu/World/ukcor3.htm accessed 24 June 2010
Define child and labor separately.
Child labor in the United States has long been a subject of concern. The U.S. enacted strict child labor statutes in 1938 (Labor, 2009), and has continued to enforce that law. However, there remain problems at home in the U.S. And abroad. The United States seeks to enforce the law, but there are times when it is difficult to catch perpetrators of violations. However, the U.S. has trade restrictions against countries that do not have strict enforcement of international standards. This research examines statutes in the United States (including their historic antecedents), what is being done to violators, and how trade is affected by citizen outcry against human rights violators and compliance with international law.
Current thinking on human rights dictates that children reach a certain age before they are to be put into the workforce. However, different cultures have different…
Browne, M.N., Frondorf, A., Harrison-Spoerl, R., & Krishnan, S. (2004). Universal moral principles and the law: The failure of one-size-fits-all child labor laws. Houston Journal of International Law, 27(1), 1-37.
Bullard, M.G. (2001). Child labor prohibitions are universal, binding, and obligatory law: The evolving state of customary international law concerning the unempowered child laborer. Houston Journal of International Law, 24(1), 139-171.
Cox, K. (1999). The inevitability of nimble fingers? law, development and child labor. Vanderbilt Journal of Transnational Law, 32(1), 115-146.
Donald, C.G., Ralston, J.D., & Merker, S.L. (2002). Results of opinion surveys related to Kentucky's child labor laws. International Journal of Public Administration, 25(7), 859- 876.
population of California underwent dramatic changes in the last 60 years. In the 1940s, the Latinos were a minority of only 6% of the state or roughly 374,000 (autista 1991). ut by 1980, the Latino population grew to 4 million, almost doubling the figure and increased to more than 7 million in the 90s. In the 2000s, Latinos accounted for a third of California's total population, creating huge political, economic and social impact upon its entire society (autista). esides sheer volume, the continuously increasing Latino population has developed the distinct feature. efore the 60s, immigrants were rare and less than 20% of these Latinos were foreign born, most of them from Northern Mexico. Immigration, however began to fill the ranks since the 80s so that, today, the majority of adult Latinos in California are immigrants. These developments are among the most important criteria to social and demographic policy makers in…
California Labor and Workforce Development Agency. (2004). 1975 Agricultural Labor Relations Act. Agricultural Labor Relations Board. http://www.alrb.ca.gov
Democrats Assembly. (2004). Measure to Prohibit Employers from Locking In Their Workers Passes Assembly. California State Assembly. http://democrats.assembly.ca.gov/template/ademmain.sp?articleid=122&zoneid=2
Full Assembly Approves Proposed Increase in the State's Minimum Wage. http://democrats.assembly.ca.gov/templates/ademmain.asp?articleid=106&zoneid=2
House of Representatives. ((1998). Hearing on the Failures and Promises of the California Garment Industry. 105th Congress, Subcommittee on Oversight Investigations, Committee on Education and the Workforce, serial 105-110. http://commdocs.gov/committee/edu/hedo&i5-110.html
United States Department of Labor
Department of Labor is a Cabinet branch of government. Its role is to secure occupational safety, wage considerations, and other working conditions of the American workers. The department sets out plans for how the workers and other wage earners in the country are treated. The body was first formed in the year 1884. It was given the mandate and power to manage the workforce by the Congress. It was during a special meeting of the U.S. Congress that the decision to come up with this body was passed. Once started, the body began collecting economic data two years later and has since been using the data to produce economic policies regarding the welfare of the workers in America. The other issues that this body deals with include making up the rules to be played by the workers in a country. Every state has a department…
Arnesen, E. (2007). Encyclopedia of U.S. Labor and Working-class History, Volume 1. Taylor & Francis
Arnesen, E., Greene, J., & Laurie, B. (1998). Labor Histories: Class, Politics, and the Working Class Experience. University of Illinois Press
Bayou Lawn and Landscaping Services v. Secretary of Labor. From http://www.fedregsadvisor.com/2013/04/01/11th-circuit-holds-labor-department-has-no-authority-to-issue-h-2b-rules/
Casil A.S. (2005). The Department of Labor. The Rosen Publishing Group
Human esources: Fair Labor Standards Act
An Examination of the Fair Labor Standards Act of 1938 and Its Implications for American Workers Today
Although most Americans take for granted the wide range of social programs that are in place for their protection, many of these initiatives are fairly recent in origin, but one that has been around for quite some time is the Fair Labor Standards Act of 1938. The legislation established a minimum standard wage and a maximum work week of 40 hours in industries that were engaged in interstate commerce. The implications of the Act were profound, and today, in what has become a classic pattern over the years, calls for increases to the federal minimum wage are followed by impassioned cries from industry leaders that such an initiative will do more to harm business than it will to help minimum-wage workers. ather than routinely bankrupt America's businesses,…
An overview of the Fair Labor Standards Act. (2005). U.S. Office of Personnel Management.
Retrieved May 12, 2005 from http://www.opm.gov/flsa/overview.asp .
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Cocheo, S. (2004). Banks Must Labor to Comply with New Overtime Rules; Fair Labor
freedom of association refers to the freedom to join a union or association without fear of outside interference. Australia does not guarantee freedom of association in her Constitution. As a result, Australia has ratified several international covenants on freedom of expression, and used international laws as a basis for the Industrial Relations Reform Act 1993.
The orkplace Relations Act of 1996, which specifically protected the freedom of association, and provided specific penalties for breaching the Act, superseded the 1993 Act. Recently, the war on terrorism has presented an unexpected threat to Australia's freedom of association laws. This renewed the argument that the freedom of association should be guaranteed, by law, within the body of Australia's constitution.
Freedom of association has taken an important place in international labor law and social justice. The International Labour Organization (ILO) has long had conventions that deal specifically with freedom of association, the importance of…
Amnesty International. Australia: Senate Must Consider Human Rights When Considering Terrorism Laws. Media release - 13 May 2002. 24 September 2002. http://www.amnesty.org.au/airesources/press-02-05-13.html
Australasian Legal Information Institute. COMMUNICATING WITH THE HUMAN RIGHTS COMMITTEE: A Guide to the Optional Protocol to the International Covenant on Civil and Political Rights. 24 September 2003. http://www.austlii.edu.au/au/other/ahric/booklet/part3.html
Human & Constitutional Rights. Australian Laws of Freedom of Association. Site maintained by the Arthur W. Diamond Law Library at Columbia Law School. 24 September 2002. http://www.hrcr.org/safrica/freedom_assoc/australia_law.html
International Labour Organization. Fundamental International Labour Standards on Freedom of Association. 24 September 2002. http://www.ilo.org/public/english/standards/norm/whatare/fundam/foa.htm
1926 Railway Act & Aviation Legislation
The reasons that Congress passed the 1926 Railway Act go well beyond just labor disputes in the railway industry. This paper covers those issues and also delves into how the airline industry became part of the Act.
The 1926 Railway Act -- Background
The Act became law in 1926 because there was a need to keep "…the American economy flowing without the disruption of railway labor disputes" (Bank, 2006). But the Act also related to protecting the rights of railway employees to join a union if they wish to. In fact the Act has proven to be "…one of the most crucial laws passed" in America's economic history, Bank writes on page 1. At the crux of the matter was the unionization of railway workers, but the Act became a model for other industries where union activities were taking place.
In the book Airline…
Bank, B. (2006). Railway Labor Act. Saint Francis University. Retrieved September 20, 2014,
From http://www.stfrancis.edu .
Larsen, P.B., Sweeney, J., and Gillick, J. (2012). Aviation Law: Cases, Laws and Related
Sources: Second Edition. Boston, MA: Martinus Nijhoff Publishers.
Managing Expatriate Employees Employment Law
Expatriate' could be defined as someone who has left his own country in order to find employment in another country. (Definitions of 'Expatriate on the Web) Expatriate employees in China are diverse and the numbers of employees are vast. For example, the city of Hong Kong, which became free and independent of British rule in 1997, turned into a Special Administrative egion of China. On account of this, the city started to follow two diverse policies of administration and this allowed it autonomy from China, and this in turn resulted in Hong Kong being able to retain control over her schools and also her legal systems, while enjoying a free market economy. This very factor has attracted investors from all over the world to China, American numbering almost 1,100, and American residents in China numbering almost 50,000. (Hong Kong City Guide)
Hong Kong having the…
Author Unknown. (May 15, 2003) "Demand for Expatriates in China remains high" Retrieved at http://www.hewittasia.com/hewitt/ap/resource/articleindex/articles/article_05_15_03.htm
Falkoff, Rebecca. "Hong Kong City Guide" Retrieved at http://workabroad.monster.com/print/?article=/articles/hongkongguide/Index.asp
Glossary: Women Artists of the Americas" Retrieved at http://www.getty.edu/artsednet/resources/Maps/Women/glossary.html
Gross, Ames; McDonald, Timothy. (Spring 1998) "Meeting Diverse Staffing Needs in China" GROing Connexions. Retrieved at http://www.pacificbridge.com/pdf/pub_china_1998_diverse.pdf
Business Ethics and Law
Over the last several years, the issue of ethics and legal challenges has been increasingly brought to the forefront. This is because globalization has created a change in the way firms are interacting with employees. Over the course of time, this has resulted in firms outsourcing jobs to key locations (which have lower labor costs). This has given executives greater amounts of flexibility in determining: what is asked of employees, the kind of benefits that are received and the impact on labor relations. (Franklin, 2001, pp. 7 -- 16)
In the case of Caterpillar, they have been using this kind of strategy to reduce their costs and to begin selling their products in developing markets. This has resulted in the company realizing increasing profit margins and it has helped the firm to aggressively market to consumers in these areas. However, a problem has emerged inside many…
Franklin, S. (2001). Three Strikes. New York, NY: Guilford Press.
Miller, P. (2002). Rethinking the Factory. Cultural Values, 6 (2), 91 -- 117.
Orelman, E. (2006). Caterpillar. St. Paul, MN: Motor Books.
Torres, J. (1996). The Corporate Campaign at Caterpillar. Journal of Labor Research, 17 (3), 377 -- 394.
An increase in employee-management teamwork and communication likewise reduced the need for labor union representation. Labor unions, thus, no longer play the critical role they once did in labor-management relations (Encyclopedia of Small usiness, Maxwell).
A New Global Labor Federation
Representatives from trade unions throughout the world organized a new global labor federation to insure that workers' rights are not overlooked in economic globalization (Associated Press, 2006). The new body, the International Trade Union Confederation, replaced the International Confederation of Free Trade Unions. It would adapt itself to the fresh challenges to the rights of unionized workers. It would also take bolder steps against forced and child labor. Appointed head of the new federation was Guy Ryder, who assured everyone that "the strong tradition of solidarity" would continue. He emphasized the importance of trade union unity in the international level in insuring effective representation of workers rights and interests in…
Associated Press (2006). Delegates launch global labor union. Deseret News: Deseret
News Publishing Company. Retrieved on June 8, 2009 from http://findarticles.com/p/articles/mi_qn4188/is_20061102/ai_n16831637/?tag=content;col1
Encyclopedia of Small Business (2002). Labor unions. CBS Interactive, Inc. Retrieved
on June 8, 2009 from http://findarticles.com/p/articles/mi_qx5201/is_2002/ai_n19121346/?tag=content;col1
mployment and Labor Relations
The National Labor Relations Act of 1935 (or Wagner Act) protects the rights of most workers in the private sector of the United States to organize unions, to engage in collective bargaining over wages, hours, and terms and conditions of employment, and to take part in strikes and other forms of concerted activity in support of their demands. The Act does not, on the other hand, cover those workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, independent contractors and some close relatives of individual employers.
The Wagner Act established a federal agency, the National Labor Relations Board, with the power to investigate and decide unfair labor practice charges and to conduct elections in which workers were given the opportunity to decide whether they wanted to be represented by a union. The NLRB was given more extensive powers than…
Effective Communication of Laws, Regulations and Organizational Policies
An employee handbook (or employee manual) details guidelines, expectations and procedures of a business or company to its employees. Employee handbooks are given to employees on one of the first days of his or her job, in order to acquaint them with their new company and its policies. While it often varies from business to business, specific areas that an employee handbook may address include a welcome statement, which may also briefly describe the company's history, reasons for its success and how the employee can contribute to future successes. It may also include a mission statement, or a statement about a business' goals and objectives.
Orientation procedures usually involves providing a human resources manager or other designated employee completed income tax withholding forms, providing proof of identity and eligibility for employment (in accordance with the Immigration Reform and Control Act of 1986), proof of a completed drug test (by a designated medical center) and other required forms. An area devoted to definitions of full- and part-time employment, and benefits classification also describes timekeeping procedures, such as defining a "work week." This area may also include information about daily breaks, for
However, when child labor is burnt the entire economy may be deflected towards another equilibrium that may not be inferior to the first equilibrium (Basu, 2003). The global labor standards should therefore not ban child labor whenever it is deemed to be happening but ensure that conditions for banning child labor are compatible with adherence to the Pareto principle.
It is a fact that certain contracts, unanimously accepted by both sides, can lead to Pareto improvement. Nevertheless, if the contracts were to be allowed and used by the masses, there would be significant changes in market parameters that would leave some people worse off. Global labor standards should use the large numbers principle to justify banning of certain kinds of contracts like unjust labor practices.
In as much as the international labor organizations would want to use the above named principles to check against unjust labor laws a lot of…
Basu, K. (2003). Global Labor Standards and Local Freedoms. Retrieved from www.wider.unu.edu/publications/.../en.../annual-lecture-2003.pdf
Neeman, Z. (1999). The Freedom to Contract and the Free-Rider Problem. Journal of Law, Economics and Organization 15(3): 685-703.
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
Gender and Sexual Orientation Discrimination
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…
Ashworth, A. 1995. Principles of criminal law. Oxford [England]: Clarendon Press, p. 87.
Computer World. 1996. IT security managers too focused on compliance, experts say. [online] Available at: http://www.computerworld.com/s/article/9237254/IT_security_managers_too_focused_on_compliance_experts_say [Accessed: 12 Jun 2013].
Fay, J. 2007. Encyclopedia of Security Management. Burlington, MA: Butterworth-Heinemann, p. 249.
Fletcher, G. 1998. Basic Concepts of Criminal Law. New York, N.Y.: Oxford University Press, p. 45.
decision -- federal or state court -- where an employer was found NOT GUILTY of violating one of our chief laws (EEO, ADA, EPA, ADEA, etc. - -).
Give us the case citation, briefly summarize the case and explain why the employer was found not to have violated an employment discrimination law.
In Linda Tatom v. es-Care, Inc., No. 14-6125 (10th Cir., Jan. 24, 2015), the teacher Linda Tatom was an at-will employee of the Guthrie Job Corps Center (GJCC). After being involved in an altercation with a male trainee, she was allowed to go home for the day. Tatom refused to return to GJCC until the trainee was removed. She filled out a report but GJCC stated that her report on the incident did not indicate if the offense was a Level I or (lesser) Level II infraction and the employee was not removed (EmployerLinc, 2015).
Tatom was ultimately…
Information on minors and employment. (2015). California Department of Industrial Relations.
Retrieved from: http://www.dir.ca.gov/dlse/dlse-cl.htm
Outsourcing Jobs and Labor Laws
Outsourcing Jobs to Foreign Countries Without Fair Labor Laws
government currently does not prohibit companies from outsourcing jobs to foreign countries that do not have unions and/or fair labor laws. Whether this practice is acceptable or should be stopped is worthy of consideration. There are two main reasons for researching this topic. First, the cost to outsource to foreign countries is often much less than the cost to pay employees in the United States to do the same work (Baldwin, 2006; Dine, 2007). That means that the profit for the company can be larger, and the amount customers have to pay for the products can be lower, which benefits both the customers and the company (Panitch & Swartz, 2003). Second, not all countries have the same types of labor laws, and some countries have no unions and few labor laws at all (Schifferes, 2004). This…
Aneesh, A. (2009). Global labor: Algocratic modes of organization. Sociological Theory 27:4.
Buchholz, T.G. (2004). Bringing the jobs home: How the left created the outsourcing crisis - and how we can fix it. New York: Sentinel.
Krugman, P., Obtsfeld, M., & Melitz, M. (2012) East Asia: Success and crisis, in International Economics: Theory and Policy. NY: Addison-Wesley.
Part III -- Persuasive Paper: Possible Disadvantages and Answers
FREE TRADE AGREEMENT- JORDAN-U.S.
Middle East has been the most volatile and conflict-infested region of the world, which has not only led to political instability but has also adversely affected economic conditions of the area. While the rest of the world is encountering a slow down in the economic activity primarily due to external factors, Middle Eastern areas have no one to blame but their violent history, which is fraught with domestic conflicts. To protect the economic conditions from, further deceleration, Middle Eastern countries refrained from adopting the principles of free trade. Several investment barriers were placed on foreign firms to remove risks of competition and to help the local firms grow and prosper. While on the one hand it did help the local markets, it also resulted in economic problem emerging from lack of competition and lack of foreign investment in the region. Keeping this in view, the last…
1. Daniel Pipes, The real 'new Middle East, Commentary: Volume: 106. Issue: 5. Publication Date: November 1998.
2. King Abdullah Ii - Heir Jordan: one state's story of economic transformation. Journal Title: Harvard International Review. Volume: 24. Issue: 4. Publication Year: 2003.
3. Ahmed Galal and Robert Z. Lawrence: Building Bridges: An Egypt-U.S. Free Trade Agreement. Publisher: Brookings Institution. Place of Publication: Washington, DC. Publication Year: 1998.
4. Moin A Siddiqi ECONOMIC REPORT: JORDAN. Magazine Title: The Middle East. Publication Date: September 2000.
Child Labour: 1880-1920 -- Annotated Bibliography
Paterson, . (2006). Bread and roses, too. New York: Clarion Books.
This book, a secondary resource, is a children's historical novel that depicts the 1912 Lawrence Strike (also known as Bread and Roses) from the perspective of two children, Rosa Serutti and Jake Beale. Born to Italian parents, Rosa attends school, while her mother and sister work at a mill in Lawrence, Massachusetts. Even though they work in the mill, Rosa's family cannot afford the clothes they make. Rosa is portrayed as the protector of Beale, who also works in the mills and resides in the streets to avoid his abusive father. Written by an award-winning author, the novel chronicles one of the most infamous strikes in the history of the U.S. The strike was the first in the country to be organised by women, with immigrants from 25 different nationalities participating in it.…
Klein, C. (2012). The strike that shook America. Retrieved from: http://www.history.com/news/the-strike-that-shook-america-100-years-ago
Smithsonian Source (2016). Primary sources. Retrieved from: http://www.smithsoniansource.org/about/
The History Place (2016). Child labour in America 1908-1912. Retrieved from: http://www.historyplace.com/unitedstates/childlabor/