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Canada has recently emerged as a hotspot in a burgeoning global surrogacy bio‐economy. On the grounds that any commercial trade in reproductive capabilities would result in the exploitation of marginalised women willing to sell their eggs and wombs, Canada's Assisted Human Reproduction Act (AHRA) bans commercial surrogacy, allowing only for altruistic arrangements. Drawing together analysis of the AHRA and related legal, regulatory, and policy documents, feminist political economic theory, and a growing body of critical social scientific scholarship on surrogacy, this paper troubles altruism as a means of insulating surrogacy from market‐based exploitation. It contributes to the extant literature an explicit focus on the law as a key site in the reproduction of the gendered division of labour. Acknowledging the serious concerns that dog commercial markets in reproductive biology, it argues that the legal constitution of gestational work as altruistic is part of a broader juridico‐economic apparatus that has systematically devalued reproductive labour under capitalism. Efforts to insulate surrogacy from the market by legally designating it as a gift freely given facilitate the ongoing appropriation of reproductive labour, which is assigned, once again, to the realm of non‐value. A feminist political‐economic critique of altruism, this paper does not forward an argument in favour of commercialisation. Rather, its aim is to upend the commercial/altruistic binary that has circumscribed so much of the thinking and legislating around surrogacy. This paper explores the role of the law in devaluing reproductive labour under capitalism. It does so via an examination of Canada's burgeoning surrogacy bio‐economy and the legislation – the Assisted Human Reproduction Act – designed to regulate it. [ABSTRACT FROM AUTHOR]

Foreign workers holding H‐1B visas gained recourse to federal employment rights under the Immigration & Nationality Act (INA) for the very first time when Congress passed the Immigration Act of 1990 (IMMACT90). This paper examines H‐1B employment rights enforcement under the INA as it has intersected with broader features of the American legal system: what political scientists call judicial retrenchment and the quasi‐judicial state. I first show how H‐1B rights, already limited by the domestic politics that shaped the IMMACT, became subject to judicial retrenchment when the federal courts confined H‐1B disputes under the INA to the quasi‐judicial state at the Department of Labor (DOL). I then use published data on DOL investigation outcomes, published and unpublished administrative case records, and judicial cases reviewing agency action to examine the extent to which and how H‐1B workers can use the quasi‐judicial state to solve workplace problems. My empirical findings contribute to a new understanding of the relationship between rights retrenchment, the judiciary, and the rise of alternatives to court in immigration and employment law and point to possible fine‐grained changes for future immigration reform. [ABSTRACT FROM AUTHOR]

Previous studies have largely interrogated the challenges of workforce casualisation in Nigeria with sparse attention to the reactions of the trade unions to this work arrangement. The paper, therefore, explores the survival strategies of trade union to employment casualisation in the Nigerian beverage sector. It explores the narratives of trade union relevance amidst increased informalisation, and the efficacy of its strategies. The Marxist conflict theory was employed as a theoretical leaning to understand labour unions' position in contending with management exploitations in the workplace. A total of 12 trade union officials were selected for interviews through purposive and convenient sampling. The study found a diminishing trade union relevance with the increasing spate of informalisation, while the collective bargaining strategy of the union was hardly utilised in addressing employment casualisation, although education and (re)training programmes show a positive outlook. The study takes the position for a review of the Nigerian labour laws, specifically the Trade Union Act of 2005 as amended, as no provisions in this legislation give recognition to casual employment, an act that is further hampering trade unions' strategic effort in ensuring a decent workplace for all. [ABSTRACT FROM AUTHOR]

This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology – Max Weber's 'labour constitution' and Seymour Martin Lipset's 'occupational community' – it focuses on possibilities for the emergence, within groups of workers, of shared normative beliefs concerning 'industrial justice' (Selznick); for collective solidarity and agency; for the transformation of shared beliefs into legally binding norms; and for the enforcement of those norms. If labour law is currently in 'crisis', then a promising route out of the crisis, we argue, is for the law to recover its procedural focus, facilitating and encouraging these processes. [ABSTRACT FROM AUTHOR]

This paper presents the first estimates of the returns to formal labor market experience and tenure in a developing country context. We take advantage of rich matched employer–employee data from Brazil and Chile, exploiting job displacement as a source of identification. We find positive returns to both dimensions in these countries, with larger returns to tenure in Brazil and larger returns to experience in Chile. Our findings suggest the more rigid Brazilian labor legislation may encourage firms to invest in young workers' specific skills. Chile's institutions, on the contrary, might promote the acquisition of general skills. [ABSTRACT FROM AUTHOR]

Analysis of UK employment and labour law is often characterised by a curious dissonance. The overarching narrative mandates that labour law is a countervailing force to the inequality of bargaining power, embedded with values and assumptions concerning the nature of employment relations and the role of labour law. And yet, labour law jurisprudence tends to treat with respect, and seeks to decipher, abstract statutory concepts and tests derived from judicial pronouncements as if they were, indeed, a 'brooding omnipresence in the sky'. This paper seeks to bridge that gap, by offering a legal realist account of the legal doctrine that governs the employment of agency workers, focusing on the 'necessity' and 'sham' tests. It assesses the legitimacy of importing legal tests from one (commercial) context to another (employment) context; questions the courts' protestations that their use is mandated by precedent; and outlines the real implications for the status and rights of agency workers in the UK. [ABSTRACT FROM AUTHOR]

In this paper we investigate the evolution of occupational health and safety ( OHS) legislation aimed at harnessing workplace bullying. We begin with a brief discussion of workplace safety and literature covering workplace bullying. Then we present an overview of the development of Australian OHS legislation in recognising the influence of psychosocial hazards such as bullying. Following this we examine the Fair Work Commission's anti-bullying jurisdiction which commenced on 1 January 2014. We argue that while the new anti-bullying laws are a welcome response to the problem of workplace bullying, they offer a minimalist rather than a comprehensive remedy to the problem. We conclude that the only way to provide an adequate response is to create stand-alone legislation that recognises bullying as a criminal offence with remedies sufficiently castigatory to act as a deterrent to would-be workplace bullies and prompt proactive workplace cultural change. [ABSTRACT FROM AUTHOR]

This paper examines union grievances dealing with the body, appearance and demeanour fought by the Canadian Air Line Flight Attendants Association, on behalf of its female and male members over a 30-year period. Taking a historical, materialist-feminist approach, we examine how workers used the grievance system to resist regulations they believed contradicted their right to dignified labour. We ask how and why bodily regulation differed for men and women, and how this changed over time, as the union merged its male and female job occupations. Using arbitrated grievances, union records and discussion of these issues in the mass media, we show how both feminism and service union activism encouraged flight attendant resistance to airlines' efforts to regulate the appropriate body and attire for male and female workers. The use of labour law offered workers some respite from regulation, but did not facilitate fundamental questions about the power of management to 'dress' its workers. [ABSTRACT FROM AUTHOR]

The increasing pervasiveness of web-based technologies presents employers with particular challenges in terms of employee voice and resistance, as well as surveillance, privacy and discipline. This paper is concerned with the implications for human resource management and labour law of the social media policies with which employers increasingly regulate employee online behaviour when off-duty. The object is to consider in particular the content of employers' social media policies in relation to expression of employee voice, and the limits which national labour laws might impose. Employment laws in Australia and the United States are compared. Through focusing on the implications of social media policies for the regulation of employees' online behaviour outside the workplace, this paper is concerned also with the purpose and scope of employment law and human resource policy, particularly in relation to employees' private lives and, by association, the scope of employees' implied contractual duties. [ABSTRACT FROM AUTHOR]