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;
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.
Introduction A. Morriss, S. Estreicher.
Part I: Immigration Issues.
- Emerging Issues for Undocumented Workers; M. Wishnie.
- Does Border Enforcement Protect U.S. Workers from Illegal Immigration? G.H. Hanson, R. Robertson, A. Spilimbergo.
- Immigration Restrictions as Employment Discrimination; H.F. Chang.
- Virtual Immigrants: Evolution of the H-1B Program; G.J. Chin.
- The Myth of Alien Labor Certification; L.B. Benson.
- Agricultural Guest Worker Programs in the United States; A.J. Baker.
- Allowing Non-immigrants to "Earn" the Green Card; S. Mailman.
- Protective or Counterproductive? Labor Market Institutions and the Immigration of EU Natives; J.D. Angrist, A.D. Kugler.
Part II: Global Human Resources Management: Compliance Issues for Global Organizations.
- Transnational Employment Law: Concerns for Multinationals; P.M. Berkowitz.
- Overview of the Directives in Force in the European Union on Employer Reorganizations; Y. Tarasewicz.
- European Works Councils; H. Sanders.
- European Union Data Protection Directive; E.A. Taussig.
- Cross-Border Transfer of Executives in Europe: Drafting the Employment Agreement and Optimizing Tax Liabilities; S. de Keersmaecker.
- Retirement Programs for Cross-Border Transfers; R. Polak.
- The Many Faces of Mandates: Beyond Traditional Accommodation Mandates and Other Classic Cases; Y. Margalioth.
- A Review and Synthesis of the Cost of Workplace Regulations; J.M. Johnson.
Part III: Issues on the Horizon.
- Adoption of U.S.-Style Employment Law and Remedies in the European Community; B. Hepple.
- Issues on the Horizon for Global Organizations: Global ADR E.W. Millard. 20. Managing Complex International Labor and Employment Litigation: Global EPLI Coverage; M.H. Warren.
- Globalization of Equity Based Plans; H. Pianko.
- Identifying Uniform Employment Termination Practices for Multi-National Employers; J.J. Zuehl, D. Sherwyn.
- Inequality in America: The Recent Evidence; R.Z. Lawrence.
- Balancing Private Rights and Public Policies: Reconceptualizing Property in Databases; J. Lipton.
- The EU's "Linguistic Diversity": Fuel or Brake to the Mobility of Workers G. Von Toggenburg.
Part IV: Free Trade Agreements and Labor Standards
- A New Paradigm for International Labor Standards; E.E. Potter.
- Towards "Development Based" Standard Setting: Comments on "A New Paradigm for International Labor Standards;" C. Meyer.
- The Way Forward on Trade and Labor; A.J. Samet.
- U.S. Business Views of Corporate Codes of Conduct; T.M.T. Niles.
- International Labor Standards: From Theory to Policy; N. Singh.
- Political Economy, Sectoral Shocks and Border Enforcement; G.H. Hanson, A. Spilimbergo.
- Globalization and Labor Markets; J. Narveson. Part V: Labor Responses to Globalization.
- Free Trade's Price Tag: Human Misery and Degradation; R. Trumka.
- Secondary Activities: Transnational Union Solidarity; E.A. Cohen.
- Transnational Union Boycotts: A Comment on Cohen; J. Miniace.
- Reinvigorating the Internationals: Transnational Collective Bargaining, Union Alliances and Other Initiatives; K. O'Rourke.
- Reinventing Labor Law for the Global Economy; H. Arthurs.