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Joint Employment in the United States 在美国的联合雇佣
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2020-07-20 DOI: 10.6092/ISSN.1561-8048/11204
Jeffrey M. Hirsch
{"title":"Joint Employment in the United States","authors":"Jeffrey M. Hirsch","doi":"10.6092/ISSN.1561-8048/11204","DOIUrl":"https://doi.org/10.6092/ISSN.1561-8048/11204","url":null,"abstract":"The joint-employer doctrine in the United States is as fissured as the economy itself. As this paper’s brief survey of the different joint-employer standards used in the U.S. shows, the diverse set of work laws and governing authorities involved in workplace disputes have led to an unpredictable and confusing set of joint-employer standards.Although most of these standards share similarities, there are numerous differences based on the statute involved, whether the dispute is brought under federal or state law, which federal court is hearing the case, and which political party controls a relevant agency. Moreover, thanks in large part to a labor law action against McDonald’s, the joint-employer doctrine has become a politically charged issue, leading several federal agencies recently to change their approach to the question. As a result, businesses and workers cannot be certain that the relevant joint employer standard that exists today will be the same one that applies later. In short, joint employment in the U.S. consists of a complex set of standards that lack clarity and predictability, imposing costs on businesses and workers alike.","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"251 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132129564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
EU-China BIT and FTA Enhance Labor Cooperation and Protection 中欧投资协定和自贸协定加强了劳工合作和保护
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2019-12-31 DOI: 10.6092/ISSN.2531-6133/9820
Ronald C. Brown
{"title":"EU-China BIT and FTA Enhance Labor Cooperation and Protection","authors":"Ronald C. Brown","doi":"10.6092/ISSN.2531-6133/9820","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/9820","url":null,"abstract":"Presentation at the 17th International Conference in Commemoration of Professor Marco Biagi, \"The Collective Dimensions of Employment Relations: Organisational and Regulatory Challenges in a World of Work in Transformation\", March 18th-19th, 2019, Marco Biagi Foundation - University of Modena and Reggio Emilia (Modena, Italy).","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132810661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Is Globalization Finally Re-Balancing? Novel Ways of Leveling the Playing Field for Labor 全球化终于重新平衡了吗?为劳动创造公平竞争环境的新方法
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2019-09-16 DOI: 10.2139/ssrn.3474333
Joost Pauwelyn
{"title":"Is Globalization Finally Re-Balancing? Novel Ways of Leveling the Playing Field for Labor","authors":"Joost Pauwelyn","doi":"10.2139/ssrn.3474333","DOIUrl":"https://doi.org/10.2139/ssrn.3474333","url":null,"abstract":"Globalization as well as global governance, especially since the 1990s, has suffered from an imbalance to the detriment of labor, and in favor of the free flow of goods, services and capital (benefitting disproportionately capital as compared to labor). More recently, however, some re-balancing may be occurring: less liberalization and protection of cross-border trade and investment flows; more protection of labor. This contribution offers a number of novel, unorthodox instruments that have emerged or have been discussed or proposed that may slowly “level the playing field” in favor of labor. Some are (i) focused on liability of multinational parent or sourcing companies, others (ii) target the traded product (be it by means of import duties or income tax adjustments), yet others (iii) concentrate on work or the worker him or herself (anti-trust enforcement in favor of workers; construing “data as labor” or putting in place mechanisms allowing for “tele-migration”). These avenues are novel in that they are not focused on employers in the production country, nor centered around ILO conventions with labor commitments on host states and relatively soft compliance mechanisms. Indeed, most of these instruments are market- or technology-based, hard-law instruments embedded in domestic law or arbitration, or in international organizations or treaties outside of the ILO.","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121802153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Rights Granted to Trade Unions Under the Companies Act 71 of 2008 2008年第71号公司法赋予工会的权利
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2013-08-29 DOI: 10.17159/1727-3781/2013/V16I3A2365
H. Schoeman
{"title":"The Rights Granted to Trade Unions Under the Companies Act 71 of 2008","authors":"H. Schoeman","doi":"10.17159/1727-3781/2013/V16I3A2365","DOIUrl":"https://doi.org/10.17159/1727-3781/2013/V16I3A2365","url":null,"abstract":"With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130561939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Employee Share Ownership Plans: Evaluating the Role of Tax and Other Factors Using Two Case Studies 员工持股计划:用两个案例评估税收和其他因素的作用
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2006-06-01 DOI: 10.2139/ssrn.917065
I. Ramsay, Andrew Barnes, Tanya Josev, Jarrod Lenne, S. Marshall, R. Mitchell, C. Rider
{"title":"Employee Share Ownership Plans: Evaluating the Role of Tax and Other Factors Using Two Case Studies","authors":"I. Ramsay, Andrew Barnes, Tanya Josev, Jarrod Lenne, S. Marshall, R. Mitchell, C. Rider","doi":"10.2139/ssrn.917065","DOIUrl":"https://doi.org/10.2139/ssrn.917065","url":null,"abstract":"Employee share ownership (ESO) has been the subject of significant public policy debate. In these debates, ESO plans are usually said to be implemented for a variety of reasons including alignment of employer and employee interests, increased employee productivity, improved workplace harmony, and increased employee remuneration. This study explores, through case studies of ESO plans at two Australian companies, three key issues relevant to the implementation of ESO plans and the policy and regulation applicable to ESO plans. These issues are: (1) whether ESO plans better align the interests of employees with those of their employer, leading to better enterprise performance; (2) whether the objectives of companies in implementing ESO plans are primarily \"ownership objectives,\" \"remuneration objectives\" or \"workplace change objectives;\" and (3) whether the concessional taxation treatment of ESO plans provides an incentive for the implementation of plans in a way that leads to improved enterprise performance.","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"27 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120894966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Gender Earnings Gap in German Firms: The Impact of Firm Characteristics and Institutions 德国企业性别收入差距:企业特征和制度的影响
LSN: Trade & Labor Relations Law (Topic) Pub Date : 2006-04-01 DOI: 10.2139/ssrn.896062
A. Heinze
{"title":"Gender Earnings Gap in German Firms: The Impact of Firm Characteristics and Institutions","authors":"A. Heinze","doi":"10.2139/ssrn.896062","DOIUrl":"https://doi.org/10.2139/ssrn.896062","url":null,"abstract":"Most existing analyses on the gender wage gap (GWG) have neglected the establishment as a place where inequality between male and female employees arises and is maintained. The use of linked employee-employer data permits us to move beyond the individual and consider the importance of the workplace to explain gender pay differentials. That is, we first provide a comprehensive study on the effects of various firm characteristics and the institutional framework on the GWG in Germany. The innovation of our research is that we do not just compare average male and female wages (of specific groups of employees), but look at within-firm gender wage differentials. Our results indicate that the mean GWG within firms is smaller than the average overall GWG. Furthermore, we can show that firms with formalized co-determination (works council) and those covered by collective wage agreements are more likely to have smaller GWG. It is also interesting to note that the wage differential between men and women decreases with firm size and increases with the wage level.","PeriodicalId":396288,"journal":{"name":"LSN: Trade & Labor Relations Law (Topic)","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116205291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 29
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