Strategies For Employment Class And Collective Actions

Author : James M Nicholas,WEST GROUP,William C Martucci,Jill S Kirila,William F Allen,Amy K Jensen,David J B Froiland
Publisher : Unknown
Page : 256 pages
File Size : 53,9 Mb
Release : 2012
Category : Law
ISBN : 0314287108

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Strategies for Employment Class and Collective Actions by James M Nicholas,WEST GROUP,William C Martucci,Jill S Kirila,William F Allen,Amy K Jensen,David J B Froiland Pdf

Strategies for Employment Class and Collective Actions provides an authoritative, insiders perspective on key tips for assisting clients through negotiating conditions in a settlement. Featuring experienced partners from law firms across the nation, these experts guide the reader through collecting documentation and evaluating when it is best to settle. These top lawyers offer specific advice on developing relationships with experts and witnesses, encouraging clients to use wage and hour policies, and helping clients stay up-to-date on various class action certification requirements. From fluctuations in wage and hour regulations to the benefits of early action, these experts stress the importance of educating clients on labor laws and taking preventative measures against policies at risk for litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-present field.

Author : David Sherwyn,Samuel Estreicher
Publisher : Kluwer Law International B.V.
Page : 1190 pages
File Size : 52,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041125057

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Employment Class and Collective Actions by David Sherwyn,Samuel Estreicher Pdf

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.

Author : Noah A. Finkel,Brett C. Bartlett,Andrew M. Paley
Publisher : Law Journal Seminars Press
Page : 128 pages
File Size : 43,8 Mb
Release : 2017-07-28
Category : Law
ISBN : 1588521788

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Wage & Hour Collective and Class Litigation by Noah A. Finkel,Brett C. Bartlett,Andrew M. Paley Pdf

Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal.

Author : United States. National Labor Relations Board
Publisher : Unknown
Page : 1856 pages
File Size : 53,5 Mb
Release : 2015
Category : Labor laws and legislation
ISBN : PURD:32754085232738

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Decisions and Orders of the National Labor Relations Board by United States. National Labor Relations Board Pdf

Author : National Labor Relations Board
Publisher : Government Printing Office
Page : 2388 pages
File Size : 48,7 Mb
Release : 2016-02-15
Category : Business & Economics
ISBN : 0160930367

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Decisions and Orders of the National Labor Relations Board, Volume 357, June 29, 2011 Through January 3, 2012 by National Labor Relations Board Pdf

Each volume of this series contains all the important Decisions and Orders issued by the National Labor Relations Board during a specified time period. The entries for each case list the decision, order, statement of the case, findings of fact, conclusions of law, and remedy.

Author : Maurizio Atzeni,Immanuel Ness
Publisher : Springer
Page : 173 pages
File Size : 54,7 Mb
Release : 2018-04-10
Category : Business & Economics
ISBN : 9789811078835

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Global Perspectives on Workers' and Labour Organizations by Maurizio Atzeni,Immanuel Ness Pdf

This book broadens the research on the underworld of precarious and not-represented workers, through a selection of original case studies from across the globe written by leading experts. The book unveils the working conditions affecting this vast labour force that is so important to capital accumulation in the global age. It also helps us to understand the forms and processes of organization that these groups of workers, almost on an everyday basis, put in place to improve their working conditions and lived experiences.

Author : Henry H. Perritt, Jr.
Publisher : Wolters Kluwer
Page : 392 pages
File Size : 43,6 Mb
Release : 2015-01-01
Category : Labor laws and legislation
ISBN : 9781454857273

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Employment Law Update 2015 by Henry H. Perritt, Jr. Pdf

Author : Adrienne E. Eaton,Susan J. Schurman,Martha A. Chen
Publisher : Cornell University Press
Page : 393 pages
File Size : 44,9 Mb
Release : 2017-04-03
Category : Political Science
ISBN : 9781501707957

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Informal Workers and Collective Action by Adrienne E. Eaton,Susan J. Schurman,Martha A. Chen Pdf

Informal Workers and Collective Action features nine cases of collective action to improve the status and working conditions of informal workers. Adrienne E. Eaton, Susan J. Schurman, and Martha A. Chen set the stage by defining informal work and describing the types of organizations that represent the interests of informal workers and the lessons that may be learned from the examples presented in the book. Cases from a diverse set of countries—Brazil, Cambodia, Colombia, the Dominican Republic, Georgia, Liberia, South Africa, Tunisia, and Uruguay—focus on two broad types of informal workers: "waged" workers, including port workers, beer promoters, hospitality and retail workers, domestic workers, low-skilled public sector workers, and construction workers; and self-employed workers, including street vendors, waste recyclers, and minibus drivers.These cases demonstrate that workers and labor organizations around the world are rediscovering the lessons of early labor organizers on how to aggregate individuals' sense of injustice into forms of collective action that achieve a level of power that can yield important changes in their work and lives. Informal Workers and Collective Action makes a strong argument that informal workers, their organizations, and their campaigns represent the leading edge of the most significant change in the global labor movement in more than a century.Contributors Gocha Aleksandria, Georgian Trade Union Confederation Martha A. Chen, Harvard University and WIEGO Sonia Maria Dias, WIEGO and Federal University of Minas Gerais, Brazil Adrienne E. Eaton, Rutgers, the State University of New Jersey Mary Evans, Rutgers, the State University of New Jersey Janice Fine, Rutgers, the State University of New Jersey Mary Goldsmith, Universidad Autónoma Metropolitana-Xochimilco Daniel Hawkins, National Trade Union School of Colombia Elza Jgerenaia, Labor and Employment Policy Department for the Ministry of Labour, Health and Social Affairs, Republic of Georgia Stephen J. King, Georgetown University Allison J. Petrozziello, UN Women and the Center for Migration Observation and Social Development Pewee Reed, Ministry of Commerce and Industry, Republic of Liberia Sahra Ryklief, International Federation of Workers' Education Associations Susan J. Schurman, Rutgers, the State University of New Jersey Vera Alice Cardoso Silva, Federal University of Minas Gerais, Brazil Milton Weeks, Devin Corporation

Author : Xinying Hu
Publisher : Routledge
Page : 232 pages
File Size : 55,9 Mb
Release : 2013-07-03
Category : Social Science
ISBN : 9781136663178

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China's New Underclass by Xinying Hu Pdf

This book examines the implications of China’s economic reforms for domestic work and domestic workers. The author examines the factors that give rise to paid domestic work in a socialist economy, and goes on to look at the need for social protection of domestic workers within cities in contemporary China. Using a socialist feminist approach, the book investigates how China's economic restructuring has deliberately crafted a domestic service sector from the top-down. Through the analysis of the situation of paid domestic labour, it demonstrates how the changes in socialist ideology under a market economy have justified the state’s support for paid domestic labour; the large role of the state in these ideological changes; and how domestic labour is related to economic changes and the market economy itself. The book argues that state’s economic reforms have changed gender and class relations in Chinese society. Based on interviews with domestic workers, their employers, their social advocates, and government officials, this book examines the economic and social security of domestic workers and provides information about their precarious working conditions that could be improved through public policy. It also explores women’s agency and activism, and the current role of NGOs and trade unions in labour protection.

Author : J. Gelb
Publisher : Springer
Page : 194 pages
File Size : 41,6 Mb
Release : 2003-12-11
Category : Political Science
ISBN : 9781403976789

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Gender Policies in Japan and the United States: Comparing Women’s Movements, Rights and Politics by J. Gelb Pdf

This book is the first to explore the similarities and differences in gender related policy making and outcomes in Japan and the United States. It focuses on the role of women's movements and other factors in determining policy. Three policies are examined: Equal employment, domestic violence and reproductive rights, with additional attention to gender equality policy in Japan and 'family friendly policy' in both nations. The analysis examines the significance of international feminism and new standards of gender equity - kansetsu gaiatsu - as a resource for Japanese feminists seeking policy reform, as well as new trends toward policy cooperation. The future role of the United States, long a leader in policy development for women, is critically analyzed, and Gelb suggests that American feminists and policymakers can learn important lessons from the experience of Japanese women's movements and efforts at influencing public policy.

Author : Shilling
Publisher : Wolters Kluwer
Page : 1830 pages
File Size : 46,8 Mb
Release : 2018-09-14
Category : Labor laws and legislation
ISBN : 9781454899945

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Complete Guide to Human Resources and the Law, 2019 Edition by Shilling Pdf

The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2019 Edition provides new and expanded coverage of issues such as: The Supreme Court held in March 2016 that to prove damages in an Fair Labor Standards Act (FLSA) donning/doffing class action, an expert witness' testimony could be admitted Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Executive Order 13706, signed on Labor Day 2015, takes effect in 2017. It requires federal contractors to allow employees to accrue at least one hour of paid sick leave for every 30 hours they work, and unused sick leave can be carried over from year to year. Mid-2016 DOL regulations make millions more white-collar employees eligible for overtime pay, by greatly increasing the salary threshold for the white-collar exemption. Updates on the PATH Act (Protecting Americans From Tax Hikes; Pub. L. No. 114-113. The DOL published the "fiduciary rule" in final form in April 2016, with full compliance scheduled for January 1, 2018. The rule makes it clear that brokers who are paid to offer guidance on retirement accounts and Individual Retirement Arrangements (IRAs) are fiduciaries. In early 2016, the Equal Employment Opportunity Commission (EEOC) announced it would allow charging parties to request copies of the employer's position statement in response to the charge. The Supreme Court ruled that, in constructive discharge timing requirements run from the date the employee gives notice of his or her resignation--not the effective date of the resignation. Certiorari was granted to determine if the Federal Arbitration Act (FAA) preempts consideration of severing provisions for unconscionability. Previous Edition: Complete Guide to Human Resources and the Law, 2018 Edition ISBN 9781454884309

Author : Dana Shilling
Publisher : Wolters Kluwer Law & Business
Page : 1936 pages
File Size : 43,6 Mb
Release : 2023
Category : Labor laws and legislation
ISBN : 9781543879797

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The Complete Guide to Human Resources and the Law by Dana Shilling Pdf

Author : Zev J. Eigen,Samuel Estreicher
Publisher : Kluwer Law International B.V.
Page : 732 pages
File Size : 44,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134578

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Labor and Employment Law Initiatives and Proposals Under the Obama Administration by Zev J. Eigen,Samuel Estreicher Pdf

Barack Obama's famous "Blueprint for Change," part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law's Center on Labor and Employment Law - the 62nd in this venerable and highly influential series - the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.

Author : Shilling
Publisher : Wolters Kluwer
Page : 1820 pages
File Size : 40,8 Mb
Release : 2016-10-21
Category : Labor laws and legislation
ISBN : 9781454871279

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Complete Guide to Human Resources and the Law, 2017 Edition by Shilling Pdf

The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2017 Edition provides new and expanded coverage of issues such as: The Supreme Court held in March 2016 that to prove damages in an Fair LaborStandards Act (FLSA) donning/doffing class action, an expert witness testimony could be admitted Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Executive Order 13706, signed on Labor Day 2015, takes effect in 2017. It requires federal contractors to allow employees to accrue at least one hour of paid sick leave for every 30 hours they work, and unused sick leave can be carried over from year to year. Mid-2016 DOL regulations make millions more white-collar employees eligible for overtime pay, by greatly increasing the salary threshold for the white-collar exemption. Updates on the PATH Act (Protecting Americans From Tax Hikes; Pub. L. No. 114-113. The DOL published the fiduciary rule in final form in April 2016, with full compliance scheduled for January 1, 2018. The rule makes it clear that brokers who are paid to offer guidance on retirement accounts and Individual Retirement Arrangements (IRAs) are fiduciaries. In early 2016, the Equal Employment Opportunity Commission (EEOC) announced it would allow charging parties to request copies of the employer s position statement in response to the charge. The Supreme Court ruled that, in constructive discharge timing requirements run from the date the employee gives notice of his or her resignation not the effective date of the resignation. Certiorari was granted to determine if the Federal Arbitration Act (FAA) preempts consideration of severing provisions for unconscionability. "

Author : Pro Rfza
Publisher : Wolters Kluwer Law & Business
Page : 1860 pages
File Size : 54,8 Mb
Release : 2021-03
Category : Juvenile Nonfiction
ISBN : 9781543836219

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Complete Guide to Human Resources and the Law, 2022 Edition (IL) by Pro Rfza Pdf

Complete Guide to Human Resources and the Law, 2022 Edition