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Workplace Privacy

Author: Jonathan Remy Nash
Publisher: Kluwer Law International B.V.
ISBN: 9041131639
Size: 48.26 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.

Employment Class And Collective Actions

Author: David Sherwyn
Publisher: Kluwer Law International
ISBN: 9789041125057
Size: 68.58 MB
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Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.

The Right To Privacy In Employment

Author: Marta Otto
Publisher: Bloomsbury Publishing
ISBN: 1509906134
Size: 55.93 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.

Werbe Und Markenforschung

Author: Andreas Strebinger
Publisher: Springer-Verlag
ISBN: 3834990698
Size: 70.54 MB
Format: PDF, ePub
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Überblick über aktuelle Themen der Werbe- und Markenforschung auf der Basis internationaler Forschungsergebnisse, neuer eigener Untersuchungen und Fallstudien.

Exploring Virtuality

Author: Sabina Jeschke
Publisher: Springer-Verlag
ISBN: 3658038853
Size: 35.58 MB
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Wie beeinflussen virtuelle Umgebungen das gesellschaftliche Zusammenleben und was ist eine „Virtual Production Intelligence“? Mit welchen Awarenessfunktionen ist die Wirklichkeit in virtuellen Welten nachzubilden? Haben virtuelle Unternehmen eigene Organisationskulturen? Wie lässt sich Virtualität konstruktivistisch deuten? Durch die digitale Revolution bestimmt Virtualität seit Jahren nicht nur zunehmend unser Privatleben, sondern spielt auch in verschiedenen Wissenschaftsdisziplinen eine bedeutende Rolle. Sie bietet nicht nur neue Möglichkeiten und Perspektiven, sondern gibt auch Anlass, die Konsequenzen für Wissenschaft, Wirtschaft und Gesellschaft zu betrachten. Dieser Band stellt die Ergebnisse einer interdisziplinären Fachkonferenz zum Thema Virtualität der RWTH Aachen University vor.

Tell To Win

Author: Peter Guber
Publisher: Hüthig Jehle Rehm
ISBN: 9783826691270
Size: 24.80 MB
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