Cross-border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor

Etukansi
Andrew P. Morriss, Samuel Estreicher
Kluwer Law International B.V., 1.1.2005 - 1003 sivua

As the world's economies grow ever more interdependent, national regulation of labor markets become more and more problematic. Globalization fundamentally alters how labor markets respond to regulatory regimes. Differences in national political solutions of balancing the market's demand for a company's efficiency and productivity and employees' and unions' demands for state interventions become harder to maintain in an environment where employers can shift work among jurisdictions through cross-border movements of workers, trade agreements, and global human resources management.

This important theme was the focus of New York University's 54th Annual Conference on Labor and Employment Law. This long-standing, influential conference is the premier forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labor unions, and human resources specialists to explore solutions to problems in the workplace. The Conference has recently been brought under the umbrella of the Center for Labor and Employment Law at the New York University School of Law, chaired by Professor Samuel Estreicher.

This highly significant book reprints the papers presented at the 54th Conference, with several additional papers. In its pages more than 40 noted labor and employment experts from a diverse range of countries and disciplines offer penetrating analyses of developments and trends in such areas as the following:

regulation of immigrant labor; legal issues facing undocumented workers; labor markets in border regions; guest worker programs; extraterritorial applications of U.S. law; employee rights under EU law; the role of antidiscrimination law; harmonizing alternative dispute resolution processes worldwide; termination policies; data ownership; linguistic diversity; international labor standards and institutions transnational cooperation among labor unions.

In addition to addressing the various technical legal questions, this volume features empirical work that provides valuable data with which to support or formulate policy arguments. A wide-ranging yet incisive survey of expert opinion and analysis in the field, it will be of great usefulness to all professionals involved in labor and employment law and policy in the multinational arena.

 

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Sisältö

Emerging Issues for Undocumented Workers
11
Does Border Enforcement Protect US Workers from Illegal Immigration?
47
Immigration Restrictions as Employment Discrimination
95
Virtual Immigrants The Evolution of the H1B Program
137
The Myth of Alien Labor Certification
157
Agricultural Guestworker Programs in the United States
175
Allowing Nonimmigrants to Earn the Green Card
207
Protective or CounterProductive? Labor Market Institutions and the Effect of Immigration on EU Natives
229
Globalization of Equity Based Plans
547
Identifying Uniform Employment Termination Practices for Multinational Employers
553
Inequality in America The Recent Evidence
581
Balancing Private Rights and Public Policies Reconceptualizing Property in Databases
589
The EUs Linguistic Diversity Fuel or Brake to the Mobility of Workers
677
Free Trade Agreements and Labor Standards
725
A New Paradigm for International Labor Standards
727
Towards Developmentbased Standard Setting Comments on A New Paradigm for International Labor Standards
753

Global Human Resources Management Compliance Issues for Global Organizations
271
Transnational Employment Law Concerns for Multinationals
273
Overview of the Directives in Force in the European Union on Employer Reorganizations
295
European Works Councils
307
European Union Data Protection Directive
327
CrossBorder Transfer of Executives in Europe Drafting the Employment Agreement and Optimizing Tax Liabilities
339
Retirement Programs for CrossBorder Transfers
365
The Many Faces of Mandates Beyond Traditional Accommodation Mandates and Other Classic Cases
375
A Review and Synthesis of the Cost of Workplace Regulations
433
Issues on the Horizon
469
Adoption of USStyle Employment Law and Remedies in the European Community
471
Issues on the Horizon for Global Organizations Global ADR?
505
Managing Complex International Labor and Employment Litigation Global EPLI Coverage
511
The Way Forward on Trade and Labor
769
US Business View of Corporate Codes of Conduct
785
International Labor Standards From Theory to Policy
795
Political Economy Sectoral Shocks and Border Enforcement
855
Globalization and Labor Markets
887
Labor Responses to Globalization
899
Free Trades Price Tag Human Misery and Degradation
901
Secondary Activities Transnational Union Solidarity
909
Transnational Union Boycotts A Comment on Cohen
921
Reinvigorating the Internationals Transnational Collective Bargaining Union Alliances and other Initiatives
931
Reinventing Labor Law for the Global Economy
977
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