Fair warning or foul? An analysis of the Worker Adjustment and Retraining Notification (WARN) Act in practice
Article Abstract:
The US Dept of Labor must ensure that US courts are properly enforcing workers' rights under the Worker Adjustment and Retraining Notification Act (WARN) to deter sudden, unjustified and arbitrary employee dismissals. The class of protected workers under WARN should be widened beyond plant and union employees, and employers should have a stronger burden to prove the necessity for layoffs before workers can be let go. Also, advance notice requirements should be extended beyond 60 days. Actionable adverse employment actions should also be extended to cover such things as business sales and employee transfers.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1993
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The FLSA comp time controversy: fostering flexibility or diminishing worker rights?
Article Abstract:
Reformers proposed changing the Fair Labor Standards Act (FLSA) to allow private sector employers to offer compensatory time off, or comp time, to employees in exchange for overtime work instead of overtime pay. At present, only public sector employers may offer comp time in lieu of overtime pay. Analysis of comp time's usage by the public sector shows that extending the practice to the private sector will not benefit workers as reformers contend.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1999
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Farm labor contractors and agricultural producers as joint employers under the Migrant and Seasonal Agricultural Worker Protection Act: an empirical public policy analysis
Article Abstract:
The Dept of Labor should abandoned its rule which treats agricultural producers as joint employers with farm labor contractors. Producers do not have sufficient control over pay or employment conditions granted migrant workers by labor contractors, as defined under the Migrant and Seasonal Worker Protection Act of 1983. This rule, along with declining opportunities for migrant farm workers, threatens migrant jobs instead of protects them.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1998
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- Abstracts: Fighting on the job: analysis of recent arbitration decisions. Preparing your client for mediation
- Abstracts: A Petition Clause analysis of suits against the government: implications for Rule 11 sanctions. Reclaiming home rule
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- Abstracts: Continuing to look a gift horse in the mouth: state death taxes and IRC section 6166. Renewal commissions and other income items as gifts to charity at death
- Abstracts: Proportionality and force in international law. New ways to make international environmental law. The international response to the dissolution of the Socialist Federal Republic of Yugoslavia