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Each year, the New York University Annual Conference on Labor calls on
outstanding scholars and practitioners in the field to come together to survey
and analyse new developments and trends in U.S. labor law and practice.
Reproduced here are papers delivered at the 2004 conference, the 57th in this
venerable and highly influential series, with other articles either reprinted
from earlier publications or written for this volume. The theme of the 2004
Conference was “Compensation, Work Hours, and Benefits.”
The broad range of contexts in which compensation, work hours, and benefits
issues and disputes arise is clearly on display in the many relevant aspects
with which the authors engage. These issues are gathered into nine categories
problems in ensuring acceptable compensation and work conditions in a global
attempts by states and municipalities to implement living wage measures and
the potential conflict between such attempts and the doctrine of private labor
the possible demise of traditional pension benefits;
recent workplace developments arising in response to the Fair Labor Standards
the legality of policies surrounding attempts to keep workers’ pay secret;
special compensation claims typically found in securities industry arbitration;
state protections for non-salary forms of compensation;
regulation of multiemployer benefit plans by the Employee Retirement Income
Security Act (ERISA); and
compensation, work hours and benefits issues with regard to multinational
As always, this important annual publication offers definitive current
scholarship in its theme area of labor and employment law. As such, it will be
of inestimable value to practitioners, government officials, academics, and
others interested in developments in U.S. employment and labor relations law
Definitive edition of papers presented at the most prestigious and influential
annual conference on U.S. labor and employment law and practice
Comprehensive ‘snapshot’ of the current U.S. legal context of compensation,
work hours, and benefits activity
In-depth analysis of controversial compensation issues affecting current labor
Benefit from expert analysis of current trends in compensation policy and
their practical legal implications
Develop effective strategies for defending or challenging claims involving
compensation, work hours, and benefits
Bring new approaches to litigating or arbitrating disputes over compensation,
work hours, and benefits
Introduction; J. Hirsch. Part One: Trade and Labor Rights. 1
. Appendix A of Section 301 Petition of American Federation of Labor and
Congress of Industrial Organizations, U.S. Representative Benjamin L. Cardin,
and U.S. Representative Christopher H. Smith: Trade Remedies to Enforce
Workers’ Rights in China Are Required by U.S. Law and Do Not Violate WTO
Rules. 2. The Growing Significance of International Labor Standards on
the Global Economy; E.E. Potter. 3. Legitimacy and Capacity in Private
Labor Monitoring: Two Case Studies; M. Barenberg. Part Two: Minimum Wage
vs. Living Wage? 4. The New York Greengrocer Code of Conduct; M. Bodie.
5. Living Wage Ordinances and Traditional Labor Law: An Uneasy
Conjunction; Z.D. Fasman. Part Three: Decline of the Traditional Pension
Benefit? 6. The Shift from Defined Benefit to Defined Contribution Pension
Plans; S. Estreicher, L. Gold. Part Four: Fair Labor Standards Act Litigation
and Compliance. A. The ‘White Collar’ Exemptions. 7. The
White Collar Exemptions: Where Are We, Where Are We Going, And Where Should We
Be; S. Shaulson, B.S. McDonough. B. ‘Off the Clock’ Claims. 8.
Off-the-Clock Claims From the Employee’s Perspective; A. Klein, S. Farhang.
9. ‘Off the Clock’ Claims: When Does an Employer ‘Suffer’ or ‘Permit’ Work
to Occur? R. Batterman, J. Fullerton. C. Conducting Internal FLSA Audits.
10. Conducting Internal FLSA Audits; J.E. Alley, D. O’Gorman.
Part Five: Pay Secrecy Under the National Labor Relations Act. 11. ‘Love,
Sex, and Politics? Sure. Salary? No Way’: Workplace Social Norms and the Law;
L. Bierman, R. Gely. 12. The Law and Social Norms of Pay Secrecy; M.
Edwards. Part Six: Compensations Issues in the Securities Industry. 13.
Compensation Claims in Securities Industry Arbitration; E. Brecher. 14.
Securities Industry Bonus Claims; M. Delikat. Part Seven: State Wage
Payment Laws. 15. The Case for Fiduciary Duty as a Restraint on Employer
Opportunism under Sales Commission Agreements; S. J. Samaro. 16.
Compensation Claims under New York Labor Law and the Common Law; T. O. Rogers.
Part Eight: Multiemployer Benefit Plan Issues. 17. Multiemployer Benefit
Plan Issues; M. Brossman, R. Richman, M. Changelo, J. Taran. 18.
Withdrawal Liability Issues; E. Friedman, E. Waldner. Part Nine: Issues for
the Global Organization. 19. Pay Issues in the Securities Industry: The
U.K. Experience; L. Mayhew. 20. The Critical Elements in Navigating
Social Insurance Integration for the Expat: The U.S. Perspective; R. Loebl, H.