Search

Numerous statutes and common law doctrines conceive of a dividing line between work time and nonwork time and delineate the activities that must be compensated as work. While technological innovations and increasing desires for workplace flexibility have begun to erode this divide, it persists, in part, because of the ways in which the division protects employers and employees alike. Nonetheless, the explosion of data analytics programs that allow employers to monitor and rely upon a worker's off‐duty conduct will soon weaken the dividing line between work and nonwork in dramatically greater and more troubling ways than ever before. The emergence of programs allowing employers to track, predict, rely upon, and possibly control nonwork activities, views, preferences, and emotions represents a major blurring of the line between work and nonwork. This article contends that these advances in data analytics suggest a need to reexamine the notion of work versus nonwork time and to question whether existing protections adequately consider a world in which these lines are so significantly muddled. As a society, we need to acknowledge the implications of the availability of massive quantities of employees' off‐duty data and to decide whether and how to regulate its use by employers. Whether we, as a society, decide to allow market forces to dictate acceptable employer behavior, choose to regulate and restrict the use of off‐duty data for adverse employment decisions, or find some middle ground that requires disclosure and consent, we should choose our own course rather than allowing the technology to be the guide. [ABSTRACT FROM AUTHOR]

Copyright of Jurídicas CUC is the property of Corporacion Universidad de la Costa, CUC 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 discusses the British court case Hughes v. Corps of Commissionaires Management Ltd., which centers on the case of whether the plaintiff, who was employed by the defendant, was given rest breaks as specified in British labor regulations. Topics discussed include provisions of the British Working Time Directive which was used as basis for the case, alleged failure of the court to clarify the difference between rest periods and rest breaks and implication for British labor laws.

The article focuses on the role of collective labour agreements in regulation of work conditions in Estonia, with respect to the effects of Labour-reform law in the country. It explores the coverage and levels of collective labour agreements in Estonia and identifies which material labour relations are being regulated by labour law in the country. It discusses how non-typical labour relations, work and rest time and related work conditions are being regulated. It examines conditions that collective agreements may deviate from the provisions of the Employment Contract Act (ECA) and legislative amendments to improve the regulation collective agreements.

The article focuses on the issue of whether a worker is an employee or independent contractor in accordance to the employment law in Minnesota. It notes that the state government has enacted laws for establishing workplace health and safety protections as well as setting wage and hour controls. It adds that the wage and hour issues in employer or contractor conundrum usually arise under the Fair Labor Standards Act of 1938 (FLSA).

In this article the author discusses the Working Time Regulations 1998 (WTR) and the National Minimum Wage Regulations 1999 (NMWR) in Great Britain. It defines working time found in the WTR, which were formulated in response to the European Working Time Directive. The highlights of the case British Nursing Association v Inland Revenue is presented. Both the WTR and the NMWR were introduced as part of the British government's fairness agenda.

Copyright of Sociología del Trabajo is the property of Universidad Complutense de Madrid 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 focuses on trends in working time patters at the workplace in Germany. The article is divided into several sections, including a section about suggested actions for workplace representative bodies to take in order to organize working time, how the workplace representative bodies can influence working time management, and if giving workers more working time flexibility will give them more freedom.

Abstract: Background: This study examines the effect of implementation of the resident duty-hour regulations on the attrition rate of general surgery residents. Methods: A 7-part survey encompassing the 2001 to 2004 academic years was sent to program directors of general surgery residency programs in the United States. Results: One hundred twenty-four of 252 programs (49%) responded, reporting a loss of 338 categorical residents. The total attrition rate increased from .6 residents lost/program/y to .8 residents/program/y (P = .0013). Lifestyle concerns were the most commonly reported reason for residents leaving during surgical training. The majority (56%) of those who left surgery entered other fields of medicine (ie, Anesthesia and Family Medicine most commonly). Conclusions: More residents are leaving general surgery training since the institution of the 80-hour workweek. Despite improvements in work hours and lifestyle during surgical training, residents migrate to specialties that are conducive to a more controllable lifestyle after experiencing surgery residency. [Copyright &y& Elsevier]

Outlines the amendments made by the European Commission to the working time directive in Europe. Definitions of working time, on-call time and inactive part of on-call time; Provision of the directive on the daily rest periods and weekly working time of employees; Regulation on employee overtime.

On April 20, 2004, the U.S. Department of Labor (DOL) issued long-awaited final regulations updating many of the exemptions to the overtime provisions of the Fair Labor Standards Act. The final rules follow up on the draft rules issued in March 2003. The final rules are significantly different from the draft rules. The new rules are extensive; the regulations are 60 pages long and the DOLs explanation of the regulations is over 200 pages long. The final rules were published on April 23 in the "Federal Register" and are scheduled to take effect on August 21, 2004. Senator Tom Harkin is attempting to block these rules. It is not clear what will come of his attempt. The Fair Labor Standards Act governs, on the federal level, minimum wage and overtime. If an employee is not exempt, he or she must be paid time-and-a-half for all hours worked over 40 in a week.

Provides information on the legality of the introduction of the 35 hour working week in Europe with the exception of France as of 2003. Difference of the legal weekly working time from the maximum weekly working time; Manner in which working time is fixed in all countries; Impetus given to a reduction in working hours in the early 1990s.

The article discusses the revised Working Time Regulations of the European Union, which were implemented on December 17, 1999. There has been an intensive debate over the regulations which were aimed at removing some of the administrative burdens imposed on employers. The changes in record-keeping requirements in respect of the individual opt-out from the weekly limit on working time are examined. The article also examines the impact of the regulations on the volume of litigation and criminal sanctions.

The author examines the European Working Time Directive which mandates a 48 hour work week. The battle between the supporters of the opt-out from its provisions, led by the UK, and opponents to such a move, led by the French, has resulted in a stalemate. National governments are having to take into account rulings from the European Court of Justice which hold that on-call duty by a doctor, when it physically requires a hospital presence, must be considered as working time. The conditions apply to hospital workers, emergency personnel and residential establishments, including schools. Currently 21 countries do not comply with the provisions and it seems unlikely that the European Commission can start court action against all of them.

Editorial. Presents an editorial regarding the affect of the European Working Time Directive, which aims to improve workers' safety and protection, on doctors in training as of August 2004. Statement that the demand for doctors is increased by the restrictions on doctors' workweeks; Pressures placed on doctors to opt out of the weekly limit on working hours; Discussion of the rights of individual doctors; Importance of collective injunctions.

The article reports on an agreement signed between the Carpenter-Contractor's Association of East Liverpool, Ohio and Local Unions Nos. 328 and 405 of the United Brotherhood of Carpenters and Joiners of America concerning the work that will fall within the carpenters' jurisdiction and for its provision for establishing and regulating an apprentice system. It provides for the usual 8-hour day and 44-hour week, forbids work of any kind on Saturday afternoons, Sundays, Decoration Day, Fourth of July, Labor Day and Christmas and requires time and one-half for all overtime between 5 pm and 8 am.

The article comments on the reduction of the working hours of medical specialists in Great Britain. Before the implementation of the working time directive, most medical consultants work for an extra evening shift per week. After years of doing isolated practice, specialists can now have shared workload.

Offers a firsthand account of the problems of overworked physicians. Changes in the working time directive for doctors in training in Great Britain; Opening of medical schools to supply enough doctors to compensate for the reduction in working hours; Need for reform of the medical workforce and medical training.

The article discusses the issues concerning the overtime payment of a nurse, who works in a clinic more than the time that was stated in his labor contract. The author recommends the need to consult an attorney regarding the possible infraction of the Fair Labor Standards Act, which mandates the payment of overtime unless the employees falls into one of the three exempt category such as executive, professional, or administrative.