Work Law


Book Description




The Future of Work


Book Description

Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.




Law at Work


Book Description

Law at Work is an accessible text that allows any non-lawyer to understand the basic legal issues involved in human resources work. The text presents not just the fairly settled legal rules, but it also conveys the dynamic aspect of law. The text addresses such questions as: Will gig workers be protected as employees? How do medical and recreational marijuana laws affect workplace drug testing? What protection exists for transgender employees? May an employer discharge a worker for displaying offensive tattoos? Will "comp time" eventually replace overtime pay? The text covers employer responsibilities with respect to immigration, discrimination, health and safety, unionization, family and medical leaves, privacy, compensation, and benefits, among other topics. The chapters start with a set of "Try Your Hand" questions to engage the reader immediately and to entice curiosity about the answers, found in the pages that follow. Each chapter also contains one or more problems illustrating the ambiguous nature of legal rules. The goal of these problems, called "Developing Your Instincts," is to allow students to put into practice the material that they have learned and to help students realize when they should exercise caution in resolving Human Resources issues. The text is suitable for human resources classes at any level of higher education.




Game Changers in Labour Law


Book Description

The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.







Business Law I Essentials


Book Description

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.




Migrant Rights at Work


Book Description

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.







Stories of Care: A Labour of Law


Book Description

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol




The Fair Labor Standards Act


Book Description

Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.