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Workplace Privacy

Author: Jonathan Remy Nash
Publisher: Kluwer Law International
ISBN: 9041131639
Size: 55.73 MB
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Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.

Compensation Work Hours And Benefits

Author: Jeffrey M. Hirsch
Publisher: Kluwer Law International
ISBN: 9789041131201
Size: 12.37 MB
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Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyse new developments and trends in U.S. labor law and practice. Reproduced here are papers delivered at the 2004 conference, the 57th in this venerable and highly influential series, with other articles either reprinted from earlier publications or written for this volume. The theme of the 2004 Conference was "Compensation, Work Hours, and Benefits." The broad range of contexts in which compensation, work hours, and benefits issues and disputes arise is clearly on display in the many relevant aspects with which the authors engage. These issues are gathered into nine categories as follows: problems in ensuring acceptable compensation and work conditions in a global economy; attempts by states and municipalities to implement living wage measures and the potential conflict between such attempts and the doctrine of private labor law preemption; the possible demise of traditional pension benefits; recent workplace developments arising in response to the Fair Labor Standards Act (FLSA); the legality of policies surrounding attempts to keep workers' pay secret; special compensation claims typically found in securities industry arbitration; state protections for non-salary forms of compensation; regulation of multiemployer benefit plans by the Employee Retirement Income Security Act (ERISA); and compensation, work hours and benefits issues with regard to multinational organizations. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

The Right To Privacy In Employment

Author: Marta Otto
Publisher: Bloomsbury Publishing
ISBN: 1509906134
Size: 35.17 MB
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At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

Human Rights In Labor And Employment Relations

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 9780913447987
Size: 33.78 MB
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The concept of human rights at work has advanced significantly in the last decade. The authors of the essays in Human Rights in Labor and Employment Relations focus in various ways on how the promotion and protection of human rights at workplaces here and around the world posit a new set of values and approaches that challenge every orthodoxy in the employment relations field, every practice and rule based in that orthodoxy, and even the underlying premises and intellectual foundations of contemporary labor and employment systems. The authors constitute a diverse and accomplished group of human rights activists, practitioners, and scholars. Implementing the theme of the volume, they address a wide range of important subjects: worker health and safety, child labor, worker freedom of association, migrant and forced labor, the human rights obligations of employers, workplace discrimination, and workers with disabilities. The authors also discuss the implications of their findings for labor and employment research and, where relevant, make pragmatic proposals for change. Contributors: Susanne M. Bruyére, Cornell University; Lance Compa, Cornell University; James A. Gross, Cornell University; Jeffrey Hilgert, Cornell University; Barbara Murray, International Labour Organization; Tonia Novitz, University of Bristol; Maria L. Ontiveros, University of San Francisco Law School; Edward E. Potter, Director of Global Workplace Rights, Coca-Cola Company and U.S. Employer Delegate, International Labour Organization Conference; Marika McCauley Sine, Global Stakeholder Engagement Manager, Coca-Cola Company; Rebecca Smith, National Employment Law Project; Burns H. Weston, University of Iowa

The Gloves Off Economy

Author: Annette D. Bernhardt
Publisher: Cornell University Press
ISBN: 9780913447970
Size: 75.68 MB
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Across the United States, increasing numbers of employers are breaking, bending, or evading long-established laws and standards designed to protect workers, from the minimum wage to job safety standards to the right to organize. This "gloves-off economy," no longer confined to a marginal set of sweatshops and fly-by-night small businesses, is sending shock waves into every corner of the low-wage labor market. In the process, employers who play by the rules are under growing pressure to follow suit, intensifying the search for low-cost business strategies across a wide range of industries and ratcheting up into ever higher reaches of the labor market. Although other books have touched on pieces of this problem, The Gloves-off Economy is the first to provide a comprehensive, integrated analysis—and quite a disturbing one.This book examines a range of gloves-off practices, the workers who are affected by them, and strategies for enforcing workplace standards. The editors, four respected labor scholars, have brought together economists, sociologists, labor attorneys, union strategists, and other experts to offer varying perspectives on both the problem and the creative solutions currently being explored in a wide range of communities and industries. Annette Bernhardt, Heather Boushey, Laura Dresser, and Chris Tilly and the volume's other authors combine rigorous analysis with a stirring call to renew worker protections in the twenty-first century.

Restoring The Promise Of American Labor Law

Author: Sheldon Friedman
Publisher: Cornell University Press
ISBN: 9780875463261
Size: 73.59 MB
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The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o

Aging Technology And Health

Author: Richard Pak
Publisher: Academic Press
ISBN: 0128112735
Size: 21.17 MB
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Aging, Health and Technology takes a problem-centered approach to examine how older adults use technology for health. It examines the many ways in which technology is being used by older adults, focusing on challenges, solutions and perspectives of the older user. Using aging-health technology as a lens, the book examines issues of technology adoption, basic human factors, cognitive aging, mental health, aging and usability, privacy, trust and automation. Each chapter takes a case study approach to summarize lessons learned from unique examples that can be applied to similar projects, while also providing general information about older adults and technology. Discusses human factors design challenges specific to older adults Covers the wide range of health-related uses for technology—from fitness to leading a more engaged life Utilizes a case study approach for practical application Envisions what the future will hold for technology and older adults Employs a roster of interdisciplinary contributors

Public Sector Employment

Author: Martin Malin
Publisher: West Academic Publishing
ISBN: 9781634602655
Size: 14.30 MB
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This law school casebook includes materials dealing with the labor and employment law rights of public employees. It covers constitutional rights, civil service, tenure, overtime, pension, and bankruptcy laws specific to public employees, and also public employee collective bargaining statutes and activities of public-sector unions and employers. It emphasizes how the law governing the public sector workplace differs from the private sector. It also focuses on how public-sector labor rules vary significantly among states (and the federal sector) in important areas including employee coverage, union organizing, the duty to bargain, scope of bargaining, impasse resolution (strikes and alternatives to strikes), bargaining units, and grievance arbitration. The book facilitates classroom examination of different policies, issues, and concerns that arise when the employer is a government entity.

Beyond Elite Law

Author: Samuel Estreicher
Publisher: Cambridge University Press
ISBN: 1316654095
Size: 44.86 MB
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Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.

Human Rights

Author: Leah Sarah Levin
Publisher: UNESCO
ISBN: 9231042386
Size: 74.99 MB
Format: PDF
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Human Rights: Questions and Answers is motivated by a strong belief in the value of human rights education. Citizens can only exercise and claim their rights - and respect and defend the rights of others - if they have sufficient knowledge of human rights norms and mechanisms for their protection. This book provides the general public with clear, concise and up-to-date information on human rights standards in an attempt to help prevent past atrocities from happening again and anticipate the emergence of new threats. First published in 1981, Human Rights: Questions and Answers has been reedited and revised several times and translated into more than thirty languages. To mark the 20th anniversary of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, it is hoped that this publication will keep contributing to the promotion of the principles of universality, indivisibility, interrelatedness and interdependence of all human rights which were reaffirmed at the Vienna Conference in 1993.