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The COVID-19 pandemic caused a significant decline in output, as well as economic policies aimed at mitigating the negative effects of the pandemic. Both of these factors had an impact on the labour market. This paper investigates changes in employment across groups of workers during the coronavirus pandemic in Poland and the effect of output on these changes. Firstly, it examines changes in employment growth rates across different groups of workers in 2020. Secondly, the paper analyses the impact of the coronavirus crisis on employment by comparing actual and predicted employment growth during the pandemic period (2020). Using Okun's law, Ordinary Least Squares, and quarterly data, the elasticities of employment growth with respect to GDP growth in the pre-pandemic period (2003–2019) are calculated. These elasticities are then used to estimate projected employment growth during the pandemic. The results suggest that the total employment response to output change was relatively small, compared to the historical pattern. However, the response was unequal across groups of workers. The youngest workers, particularly women, and those with temporary employment contracts were most affected by the pandemic. [ABSTRACT FROM AUTHOR]

Prior literature finds senior executives can influence auditor decision making. However, few studies have discussed the impact of employee's personal characteristics. Our research aims to fill the above research gaps by examining the impact of employee level education on audit costs. Taking A-share listed companies in Shanghai and Shenzhen from 2006 to 2021 as the research object, this paper examines the impact of employee education on audit fees. It is found that highly educated employees can effectively reduce the audit fees borne by the company, but the implementation of the Labor Protection Law weakens this inhibitory effect. In the case of low marketization level and weak Confucian culture intensity, employee education level has a more significant inhibitory effect on audit fees of listed companies. This study provides a basis for empirical research on the impact of employee attributes on auditor decision making, provides a new research perspective on the impact of labor protection law at the corporate micro level, and enriches the theoretical research on corporate governance rooted in traditional Chinese culture. We contribute to the practice that implications for evaluating the effectiveness of adopting labor protection. [ABSTRACT FROM AUTHOR]

The paper aims to provide theoretical insights and explore the comparative legal practice of approaching mental health and well-being at the workplace by applying legal normative and comparative methods in a digitalized world of work. In this regard, subordination vs autonomy needs to be considered as a starting theoretical point accompanied by an overview of comparative legal approaches that have recently introduced some novel legal mechanisms, such as the right to disconnect to deal better with the exercise of fundamental labor rights. Additionally, introducing a psychosocial risk management model in occupational health and safety could significantly improve workers’ mental health and well-being in the digital age. Therefore, the proactive, holistic, and integrated approach to workers’ rights and status in the digital environment must be analyzed by exploring the bounding point between organizational management views on the subject and labor law standpoints. [ABSTRACT FROM AUTHOR]

Digitally enabled firms such as Alphabet, Amazon, and Meta achieved rapid growth in part through business model innovations that challenged the existing norms and regulations of the markets they entered. Research has explored aspects of their norm-breaking behavior—for example, getting users to behave differently, or offering free services to forestall competitors. I focus on their tactics for getting through or around regulatory infrastructure designed to protect consumers and other stakeholders. Specifically, I examine the relationship between large digital firms and three sets of institutional structures—competition policy, employment law, and individual property rights. I identify three tactics firms have used to overcome potential resistance: some have finessed regulations by identifying gaps and inconsistencies they could take advantage of, some have sidestepped regulations by arguing that those regulations do not apply to their situation, and others have nullified those rules by denying their existence altogether. I discuss regulatory responses to these tactics, from providing a free pass on one extreme, to doubling down on existing rules on the other extreme, and negotiating a new set of rules in themiddle. I concludewith thoughts on the role of institutional innovation in fostering economic development in the context of digital innovation. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Economia e Sociologia Rural is the property of Sociedade Brasileira de Economia e Sociologia Rural and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper focuses on how Spain's labour and employment law is dealing with technological disruption and, particularly, with algorithm management, looking for a harmonious equilibrium between traditional structures and profound changes. It pays special attention to the different actors affected and the most recent normative changes. [ABSTRACT FROM AUTHOR]

This paper focuses on how Spain's labour and employment law is dealing with technological disruption and, particularly, with algorithm management, looking for a harmonious equilibrium between traditional structures and profound changes. It pays special attention to the different actors affected and the most recent normative changes. [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer's will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither new nor safely applicable, and the benefits of relatively simplified procedural requirements do not outweigh increased financial burden. To reveal the impact of statutory amendments in question on the regulation of termination of employment relations in Lithuania, the historical background and the impact of obligations established in international documents on it are assessed, key indicators (such as legal grounds, procedural requirements, burden of proof and order of its distribution, etc.) are identified, and the relevant case law is examined. [ABSTRACT FROM AUTHOR]

In situations where the fundamental human right to work is threatened by unlawful termination of employment, i.e., if the termination of employment occurs contrary to the provisions of the Labor Law or another special law, the employee achieves protection through the court in a procedure which is regulated by the Civil Procedure Law. In the paper, the authors deal with the peculiarities of the litigation procedure for protection against unlawful termination of employment, but also with the normative solutions and legal consequences of unlawful termination of employment that occur for the employer. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

While ESG thrives, labor rights are being left behind. Environmental, social, and governance standards largely ignore workers' rights to organize a union. American labor law has not kept pace with the technology that enables employers to engage in old-school and modern union-busting. Companies like Starbucks, Amazon, and Apple trimipet sustainability while using intimidation, surveillance, and coercion to quash their employees' attempts to unionize. As the SEC and EU begin to mandate workforce-related disclosures for publicly traded companies, it's time to revise ESG standards to prioritize sustainable labor rights. This paper is the first to propose changes to the ESG regime to fill critical gaps in legal protections for union organizing. [ABSTRACT FROM AUTHOR]

Women laborers form an important part of the labor workforce in India; however, not all are recognized, not many are protected, and very few are treated equally to men. The Equal Remuneration Act of 1976 clearly states that persons doing "same work or work of a similar nature" are not to be discriminated against on the ground of gender. The Factories Act of 1948 has special provisions for women workers pertaining to washrooms, changing rooms, creches, and work hours. The Maternity Benefit Act of 1961 entitles a woman, inter alia, to twenty-six weeks of paid maternity relief. The protection given to women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 is also of vital importance for women workers in India. The laws prima-facie seem to be protecting the rights of women workers, but a deeper analysis of their effectiveness is required to take the concerns of women into account. It is to be noted that one of the areas of concern is the amount of unpaid labor put in by women in Indian households and home industries, which remains unrecognized. This paper offers a feminist analysis of labor legislation affecting women laborers in India from the perspective of women and their rights. Also analyzed are the various schemes of the Government of India pertaining to welfare and empowerment of women, various international instruments, and international labor standards. The research methodology used is a combination of analytical and critical research. Pay parity and equality in opportunity, recruitment, promotion, transfer, and facilities at the workplace are a few pertinent steps towards the amelioration of the conditions of women laborers in the country. The ultimate goal is to address the issues which need to be resolved for women workers to exercise their rights at par with the other labor categories. These issues are significant and have far-reaching implications. This research has found that the Indian legal framework with respect to protection of rights of women laborers is quite progressive and in tandem with the changing needs and requirements of the time. However, the implementation of these schemes in true letter and spirit is the real challenge that lies ahead. [ABSTRACT FROM AUTHOR]

The article summarizes recent judicial decisions in employment and labor law cases. It highlights rulings on wage payment claims, disability discrimination lawsuits, employment discrimination challenges, retaliation claims, and other related matters. It focuses on the legal issues addressed, such as the interpretation of statutory definitions, dismissal of claims for failure to state a cause of action, and the determination of discrimination or retaliation.

In the article, based on the analysis of national legislation, international documents, national and international judicial practice, the views of scientists, the issue of ensuring the employee’s right to privacy at the workplace is considered. It is noted that today domestic labor legislation does not yet enshrine this right (the employee’s right to privacy at the workplace), which, in turn, contributes to abuse by the employer, and leads not only to an unsatisfactory level of protection of the constitutional right to respect for private life, and in the future may lead to the international recognition of Ukraine as a state that does not provide an adequate level of such protection, particularly in the field of labor. It is emphasized that in the conditions of martial law, the right to privacy may be limited by law in the interests of national security, territorial integrity or public order in order to prevent riots or crimes, to protect public health, to protect the reputation or rights of other people, to prevent the disclosure of information, received confidentially, or to maintain the authority and impartiality of justice. As a result, it was concluded that the right to privacy at the workplace, which should be guaranteed to all employees regardless of the type of employment relationship, industry affiliation or form of ownership of the enterprise, should be established at the legislative level, taking into account international experience and judicial practice. Since the regulation of all aspects of the employee’s right to privacy in the workplace in the Ukrainian legislation will prevent abuse by the employer of employee control measures. In particular, supporting the proposals of other researchers, it is proposed to supplement the Code of Labor Laws of Ukraine with a rule that when concluding, changing and terminating an employment contract, persons entering work and employees are guaranteed the right to privacy regarding their personal and family life. At the same time, the limits, grounds and conditions of the employer’s interference with the employee’s right to privacy must meet three criteria: the legal grounds for the interference, the legitimate purpose of the interference, and the proportionality of such interference to the stated goal. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with judicial deference, to fend off state intrusions into the workplace. While the National Labor Relations Act aims to resolve this structural problem by protecting the rights of workers to join unions, strike, and collectively bargain, employers, backed by judicial support for managerial prerogatives and property rights, can often leverage NLRA weaknesses and limitations to its scope to prevail in labor contests. To build union density and political power for low-wage workers who cannot effectively access federal labor rights, such as home health care workers, fast-food workers, and app-based drivers, unions and worker centers seeking to organize these workers have, increasingly, turned to state and local law, instead of or in addition to the NLRA. Groundbreaking state and local economic and racial justice campaigns have expanded labor rights and enabled these workers to participate in state and local labor policymaking to raise their workplace standards. But the turn to state and local government does not avoid the structural problem. Employers reproduce structural inequality in state law, often by dominating state initiatives and legislative processes, in order to limit, nullify, or coopt state and local labor law. The NLRA does not preempt these employer counterstrategies, and federal constitutional challenges to them typically fail because federal courts often view these labor contests as ordinary politics beyond constitutional scrutiny. Mapping the structural problem in state and local labor contests underscores the importance of state law to confront it, as shown in recent legal mobilization of state constitutions by unions and worker centers to reduce structural inequality and build countervailing power. Repositioning state labor law as a potential foundation for labor revitalization has practical and theoretical implications for the future of low-wage worker organizing. State labor constitutionalism, and legal and administrative designs that encourage direct worker participation in state sectoral standard-setting and in local labor policymaking, can protect state labor policymaking from employer cooptation and nullification. These prescriptions can contribute to the foundational NLRA purpose of reducing structural inequality by building countervailing power in the states. [ABSTRACT FROM AUTHOR]

Today's museum workers are rapidly unionizing--a major shift in pace in the fifty-year history of museum unionization efforts; moreover, contemporary efforts to unionize and bargaining goals differ in many ways from the first museum workers' unionization movements of the 1970s. This Note argues that the narrowing scope of the "mandatory bargaining subjects" in the National Labor Relations Act creates difficulty for art museum unions to focus bargaining efforts on issues impacting the professional nature of museum work, which has distinctly shaped museum unionization goals today. Efforts to unionize museum workers are important to the labor community because they generate legal commentary on collective bargaining issues and provide transparency for the social and economic hardships of museum workers, especially those industry hardships stemming from the COVID-19 pandemic. Since the inception of the labor movement, the National Labor Relations Board and courts have narrowed their interpretation of the "mandatory bargaining subjects" for which employers and unionized workers are required to collectively bargain under the National Labor Relations Act. Narrow interpretations of "mandatory bargaining subjects" have impacted museum workers' ability to bargain for a stronger voice in decision-making at the managerial level, and contribute to the grounding of these efforts instead in bargaining over wages, workplace safety, job security, and benefits. Contemporary unionization efforts by museum workers seek to highlight the value of museum work while exposing--and remedying--barriers to employment, inadequate compensation, lack of opportunity for advancement, and availability of employment. [ABSTRACT FROM AUTHOR]

The article discusses the often-overlooked classification processes employed by courts in employment and labor law. Topics include the examination of the different classifications and exclusions of workers such as volunteers; a proposed framework for a narrower set of preconditions to enhance the consistency and predictability of labor laws; and the three suggested preconditions for employment status, which focus on the benefit to the employer.

The article discusses the pivotal year of 1976 in the history of the International Brotherhood of Teamsters (IBT). Topics include the founding and impact of TDU as a grassroots movement aimed at enhancing union democracy, the legal history of TDU in relation to federal labor law and the Labor-Management Reporting and Disclosure Act (LMRDA), and the broader implications of rank-and-file activism in promoting transparency and accountability in labor unions.

Ultrasonic haptic technology is one of the more interesting novel technologies being intensively developed in recent years. Such technology has a number of undoubted advantages and potential applications, but it can also be a source of ultrasonic noise. Pursuant to the provisions of the labor law, ultrasonic noise at a high sound pressure level can be a harmful factor for human health. The article presents the results of the assessment of ultrasonic noise emitted by an ultrasonic haptic device and the assessment of exposure to noise of a person using the device. The tests were carried out using one of the haptic devices readily available on the market. Ultrasonic noise emission tests were carried out around the device, at selected points placed on the surface of a hemisphere of a radius of 0.5 m, for various haptic objects. The analyzed parameter was the equivalent sound pressure level in the 1/3 octave band with a center frequency of 40 kHz. Variable sound pressure levels ranged from 96 dB to 137 dB. Noise exposure tests were carried out both using the KEMAR measurement dummy and with test participants of different heights. In most cases, the sound pressure level exceeded 110 dB, and in the worst case it exceeded 131 dB. Comparison of the results of ultrasonic noise assessments with the permissible values of this noise in the working environment shows that in the case of prolonged or improper use of the device, the permissible values may be exceeded. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article investigates Georgia's ongoing Europeanization process, a well-established topic in contemporary research. The study, on the other hand, focuses on the highly complex and largely unexplored field of labor relations, which has been in constant motion since the signing of the Association Agreement between Georgia and the European Union in 2014. The article explores the development of the Occupational Safety and Health Policy as a unique case study, showing the Georgian government's partial commitment to meeting its obligations under the Association Agreement. This commitment has raised the Occupational Safety and Health Policy to a critical component of public policy-making, paving the way for considerable changes in labor relations across the country. [ABSTRACT FROM AUTHOR]

This article provides information for individuals interested in pursuing a career in Human Resources (HR). It covers topics such as the responsibilities of HR positions, the types of HR jobs available, and the average yearly salary. The article also includes an interview with a Human Resources Business Partner who shares her experience and advice. It emphasizes the importance of education, skills, practical experience, and ongoing learning in the field of HR. The job outlook for HR careers is positive, with projected growth in employment. [Extracted from the article]

The economic growth and development of a country depend on the inflow of foreign direct investment, and the legal environment factors play an important role in securing it. Compared to other countries in South-Eastern Europe, Serbia has achieved remarkable results in terms of FDI inflows over the last ten years. The research goal of this study is to examine the impact of the legal environment on FDI inflows in Serbia. The study was conducted using a quantitative approach and a survey technique based on a structured questionnaire. The basic set of the research consists of the 300 most prominent foreign investors (response rate of 28%) who invested capital in Serbia in the period 2011-2019. The results of the conducted research show that ownership in Serbian companies is the most important factor in the legal environment that influences a foreign investor's decision to invest capital in these companies. Also, the results show that labor legislation, law enforcement, and confidence in the legal system can significantly contribute to a foreign investor's decision to invest capital in Serbia. The legal environment's implications on FDI inflows are diverse, influencing investor decisions and shaping the overall investment climate of a country. A well-structured and investor-friendly legal framework will increase Serbia's competitiveness and attractiveness for foreign investments. [ABSTRACT FROM AUTHOR]

The dynamic technological transformations that are taking place in the third decade of the twenty-first century, described as the Fourth and even Fifth Industrial Revolutions, pose significant challenges for community partners who act in labour relationships. Transparency and the related right to information are some of the factors that define a democratic state under the rule of law. This also applies to labour relationships as widely understood. The regulations of collective employment law grant various rights in this respect to entities that represent staff, who may, among other things, demand information on the use of artificial intelligence by the employer in the work environment. In the Polish labour law system, the widest scope of competences in this regard is granted to trade unions. This article focuses on the legal and functional aspects that are related to the transfer of this type of data. [ABSTRACT FROM AUTHOR]

This text analyses the legal aspects of teleworking in Slovak labour law and remote working in Czech and Polish labour law. The text shows how Slovakia, the Czech Republic and Poland have used their experiences of employment during the COVID-19 pandemic in different ways. The basic difference is already apparent in the notions of remote working, teleworking and working from home. There are also some differences in the regulation of employers' obligations related to the implementation of remote working. The legal regulation of remote working is in its formative stage, as evidenced by recent Polish and Czech labour-law changes. The analysis of the legal regulations of the three countries shows that remote working is a challenge. It is legitimate to analyse different legal solutions and share experiences between the countries. The text analyses the latest legal developments. [ABSTRACT FROM AUTHOR]

The article offers information on several U.S. court case related to employment law; family law and torts law. The cases discussed include Scott v. Jerry's Enterprises, Inc. wherein employee who was fired for engaging in rude and aggressive behavior lost his claim for unemployment compensation benefits; Orthey v. Orthey related to judgment granted wife temporary spousal maintenance and Secura Ins. Co. v. Deere & Co. on breach of warranty for negligence against dealership.

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Arbetsmarknad & Arbetsliv is the property of Karlstads universitet, Arbetsvetenskap and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal turmoil originating from the ambiguity of independent contractor and joint employment law has been exacerbated by the COVID-19 pandemic and the growth of e-commerce and the gig economy. Chaos and uncertainty have hindered business advancement, especially for franchises. Still, there are exemplary international approaches, proposed U.S. and state laws, uniform tests or guarantees, and fresh methodologies as well as legal presumptions. By narrowing the defnition of “independent contractor” and expanding the defnition of “joint employer,” evolving legal interpretations will foster, inter alia, franchisee collective bargaining and other avenues toward fair and effcient compromise. Greater legal clarity could stimulate business growth and lead to stronger, fairer franchise systems. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the impact of labor laws and workplace surveillance on workforce across U.S. states due to the rise of remote work during the COVID-19 pandemic and argues for better worker protections. Topics discussed include COVID-19 sick and vaccine leave laws, technological surveillance of employees post-COVID, detrimental workplace trends that will affect future workplace environments, and effect of workplace policies exacerbated by the pandemic on labor rights and bargaining.

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Precedente is the property of Universidad ICESI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The McDonnell Douglas framework is the most important analytical structure in employment discrimination law. Scholars and judges have regularly criticized the three-part burden-shifting test. Despite decades of criticism, a central feature of the framework remains unexamined—its second step is incompatible with the summary judgment standard. In employment discrimination cases courts often grant summary judgment in the employer’s favor. Scholars have offered various accounts of why this happens, including docket pressures and published case law that focuses on grants of summary judgment. The second step of the inquiry has largely escaped scrutiny because it appears to be a quirky, but somewhat harmless, part of the McDonnell Douglas framework. This Article demonstrates that the conventional view of the second step is wrong. When a defendant files a motion for summary judgment, a court must draw all reasonable inferences in favor of the plaintiff, the non-moving party. The second step of McDonnell Douglas requires courts to credit the employer’s reason for acting and give it a certain weight and legal effect in discrimination analysis. It also labels an employer’s reason for acting as legitimate and non-discriminatory even though the defendant is not required to establish either proposition. Even when a defendant’s reason does not respond to the plaintiff’s theory of the case, courts still credit the employer’s reason. The year 2023 marks the fiftieth anniversary of McDonnell Douglas. Yet, no one has recognized what has been hiding in plain sight for decades: the second step cannot be reconciled with the summary judgment standard. The second step alters discrimination analysis in ways that deny plaintiffs their right to have juries decide contested cases. [ABSTRACT FROM AUTHOR]

The ministerial exception is a constitutional law doctrine designed to protect the First Amendment right of religious groups to shape their community and define their beliefs. However, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOG the 2012 Supreme Court decision that recognized this doctrine, did so by adopting a shotgun approach to the problem: a per se rule that bars a wide variety of lawsuits by ministers against their religious employers. This categorical approach bulldozed important employment law protections for religious employees and created an irreconcilable conflict with a wide swath of constitutional doctrines that apply a more nuanced balancing test. This Article argues that the Court should reform the ministerial exception to incorporate a constitutional balancing test. The proposed reform recognizes that the government has compelling reasons to protect ministers from abusive behavior by their employers. In addition, rules of procedure and evidence can narrowly tailor litigation to protect the constitutional interests of religious employers. Reforming the ministerial exception in this way better accommodates the competing constitutional interests of religious groups and their employees and restores order to constitutional doctrine. [ABSTRACT FROM AUTHOR]

The expansion of teleworking and the digital transition movement have given companies and workers great flexibility, albeit with significant organisational consequences. The recent COVID-19 pandemic further reinforced the scale of this impact. Thus, the current research aims to understand whether the multiple dimensions of telework have impacted upon workers' time management and work intensity through the unprecedented experiences during the pandemic and, in particular, to assess whether telework intensifies work, in what ways and the main reasons for this. The article analyses the literature on teleworking and work intensity and presents a documentary analysis on the subject, in addition to presenting the results of an exploratory study carried out in 2021 in Portugal which investigates the impact of teleworking on workers' time management. The article underlines that although teleworking can increase a worker's well-being by eliminating travel time, it presents several risks, namely it can intensify work through increased pressure to meet objectives and targets. Therefore, it is essential to develop research on the effects of telework, particularly assessing the relationship between telework and work intensification, as well as its effects on working conditions and workers' well-being. This research will be an important resource for regulating labour laws and designing human resource management policies. [ABSTRACT FROM AUTHOR]

Balancing workers' statutory rights against employers' interests is the heart of labor law. But balancing--or employers' interests, for that matter--is nowhere to be found in the text of our labor statutes. Yet courts and the National Labor Relations Board routinely grind down workers' rights against this loose legal premise. Balancing is the meta-doctrine that stripped workers of their statutory rights to strike, picket, access information, and act concertedly, among others. Balancing inherently dilutes statutory rights. Yet it is practiced and preached by employers and unions, Republicans and Democrats, conservatives and liberals. This consensus is devastating. It weakens an already frail agency, channels legal professionals' biases into doctrine, and encourages employers to break workers' concerted activities using the courts' eagerness for balance. Balancing legal rights leads to an imbalanced economy. Continuing to engage in balancing labor law rights with the hope of achieving any other outcomes is, well, for suckers. There are alternatives to balancing. In other legal contexts, we rarely balance statutory rights with unenumerated interests, even if those are employers' interests. We don't balance workers' rights to a minimum wage or overtime pay with employers' legitimate business interests. We don't balance workers' right to take leave, unemployment insurance eligibility, or workers' compensation either. Here, textualism can serve labor advocates as a doctrinal path of salvaging labor law. It might be that balancing power, not interests, is labor law's goal. For that purpose, I offer a different read of our labor laws that aims to produce a balanced bargaining power between employers like Tesla, Amazon, Starbucks, or Apple and their workers. [ABSTRACT FROM AUTHOR]

Disputes over legal jurisdiction in Canada predate its own Constitution. Even after the 1982 repatriation of the Constitution, First Nations governance remains entangled in a jurisdictional divide. In the spirit of Indigenous self-determination, this article argues the impracticality of First Nations regulating themselves according to federal employment standards under the Canada Labour Code1 in preference of provincial or territorial standards. A review of jurisprudence since NIL/TU,O underscores the inconsistency of trial division and appellate courts across Canada in determining the appropriate jurisdiction for employment law issues in First Nations communities. This incoherence leaves First Nations communities in a precarious position in regulating employment. An employer’s ability to consistently depend on the provincial and territorial regimes is imperative given the innumerable barriers already facing First Nations communities, particularly in an area of law where federal regulation is increasingly convoluted, for example by the Supreme Court of Canada in Wilson. Counter-intuitive as it may seem, the otherwise far more generous federal employment standards have the effect of eroding the autonomy necessary for First Nations’ self-determination. [ABSTRACT FROM AUTHOR]

Copyright of Stanovništvo is the property of Demographic Research Center of Institute of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Upon the abolition of slavery across the British Empire in 1833-1834, the British Caribbean had to revise their labour laws in accordance with, and in a way conducive to, the transition from enslaved to free labour. To do so, they drew on English labour legislation, which, since the mid-14th century, had regulated employment relations by equating civil breaches of agreement by servants with criminal offences punishable by imprisonment. After the establishment of the system of »apprenticeship« in 1834, and even after its abolition in 1838, the emancipated of the British West Indies became increasingly aware that the combination of civil violations and criminal consequences inherent to this labour legislation produced a coexistence between their formal liberty and personal subordination to their employers, who were also their former masters. By turning the formerly enslaved into a mass of servants and enforcing their duty to work, the new Caribbean labour laws maintained the hierarchies of slave society in the new society of theoretically free and equal individuals along the colour line. [ABSTRACT FROM AUTHOR]