Employee identity caucuses in Silicon Valley: can they transcend the boundaries of the firm?
Article Abstract:
The predominance of independent contractors in the Silicon Valley, CA has led analysts to focus on the insecurity of these positions, but this could be resolved through a new form of labor organization. Independent contractors could form an innovative labor organization that would transcend loyalties to any specific firm and would provide health benefits, investment advice, training and other benefits typically available to full-time employees but funded by the employee not employer. This would address the difficulties in a labor market where most job tenures are only two years.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Mental disabilities, the EEOC, and labor arbitration
Article Abstract:
Claims made by mentally disabled employees under the Americans with Disabilities Act can be handled by arbitration. A labor agreement's just cause standard is usually compatible with the guidelines established by the Equal Employment Opportunity Commission, preventing employers from disciplining employees for uncontrollable actions but not requiring them to employ a potentially dangerous employee. The one difficulty with arbitration agreements is that they are subject judicial review. The advantages to arbitration include lower-cost and familiarity of arbitrators with the issue.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Employee welfare benefit entitlement and Title I of the Americans with Disabilities Act
Article Abstract:
Pending cases in MD and NY, contending that the Americans with Disabilities Act creates a de facto vesting of current employer-provided medical insurance plans, will not create a regime guaranteeing widespread access to health insurance. Employees desiring such vesting, comparable to that which the Employee Retirement Income Security Act provides for retirement plans, should seek explicit vesting in negotiations, or amendments to ERISA and or the ADA. National health insurance is the only true guarantor of coverage.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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