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In an increasingly global economy fraught with foreign law land mines, the
breadth of concerns for lawyers advising clients employing or employed across
borders is vast and growing. Finding ways to realize the expectations of the
parties when the employment relationship spans multiple jurisdictions with
potentially conflicting policies, different conceptions of employment, and
even different vocabularies to describe employment events is a major
challenge. In recognition of the growing importance of global labour and
employment law, the Center for Labor and Employment Law at New York University
School of Law dedicated its 61st Annual Conference on Labor to an in-depth
examination of issues arising in this area.
This volume of the proceedings of the 2008 conference contains papers
presented at that meeting, all here updated to reflect recent developments, as
well as additional contributions from other practitioners and academics with
extensive knowledge and experience in the field. Experts from both the
practicing bar and academia – twenty-seven in all – use their unique strengths
to address issues worthy of concern in each juridical realm. Among the many
important topics presented and discussed are the following:
• application of international law “soft norms” through domestic legal systems;
• jurisdictional issues in employee benefits;
• extraterritorial application of the U.S. Employment Retirement Income
Security Act (ERISA);
• impact of the application of international human rights standards to
employment issues;
• drafting of specific types of employment agreements in a multijurisdictional
context; • obstacles to cross-border enforcement of restrictive covenants;
• how U.S. securities law affects global stock option plans;
• workplace electronic privacy issues;
• publicly mandated social benefits;
• effect of both immigrant and non-immigrant visas on high-skill workers;
• how bilateral labor agreements can solve transnational immigration problems;
• codes of business conduct;
• role of labor rights in foreign direct investment;
• application of anti-discrimination laws to religious discrimination across
jurisdictions; and
• whistleblower protection.
An unusual feature of this volume in the series is its in-depth attention to
comparative law in the field, with exploration of developments in China,
France, and New Zealand, as well as in European Union law. As always, this
annual conference captures valuable insights and syntheses of central labour
and employment law issues and will be of great value to practitioners and
academics in the field. With insights that can assist lawyers engaged in
counselling both employers and employees, this volume goes a long way toward
meeting the expectations of both employee and employer at various stages of
the employment relationship, and handling the disputes that inevitably arise.