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Journal articles on the topic 'Employment standards act'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

Jacobs, John. "The Employment Standards Code Amendment Act." Manitoba Law Journal 6 (January 1, 2009): 193. http://dx.doi.org/10.29173/mlj1065.

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Morris, Gillian S. "The Employment Relations Act 1999 and Collective Labour Standards." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (2001): 63–78. http://dx.doi.org/10.54648/337850.

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The Employment Relations Act 1999 affected major changes to collective labour law in Britain: a procedure for the mandatory recognition of trade unions by employers; more extensive (albeit still limited) protection for employees against dismissal for taking part in industrial action; and greater protection for trade union members against discrimination by employers. However, much of the Conservative Government's legacy in this area remains untouched, including the legislation that governs whether industrial action is lawful and trade union governance. This article analyses the implication of t

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3

Fudge, Judy. "Flexibility and Feminization: The New Ontario Employment Standards Act." Journal of Law and Social Policy 16, no. 1 (2001): 1–22. http://dx.doi.org/10.60082/0829-3929.1050.

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4

Grundy, John, Andrea M. Noack, Leah F. Vosko, Rebecca Casey, and Rebecca Hii. "Enforcement of Ontario's Employment Standards Act: The Impact of Reforms." Canadian Public Policy 43, no. 3 (2017): 190–201. http://dx.doi.org/10.3138/cpp.2016-064.

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5

Arai, Bruce. "Re-organizing Flexibility and the Employment Standards Act in Ontario*." Journal of Change Management 7, no. 1 (2007): 89–102. http://dx.doi.org/10.1080/14697010701232009.

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6

Blair, Chase. "Students in Name Only: Improving the Working Conditions of Articled Students Via the Application of the BC Employment Standards Act." Windsor Yearbook of Access to Justice 38 (December 12, 2022): 102–24. http://dx.doi.org/10.22329/wyaj.v38.7778.

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Articled students in Canada tend to be exempt from provincial employment standards legislation, which govern minimum hourly wages and overtime and statutory holiday pay rates. Exemption from these provisions, along with the strong power dynamic present in the articled student-principal relationship, has fostered exploitative working conditions for articled students. To justify the exclusion of articled students from employment standards legislation, supporters of the status quo have propagated the narrative that articled students’ labour is not that of an employee, despite evidence to the cont

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Okoli, Eluma Izuchukwu, and Emuobo T. Emudainohwo. "Unlawful Termination of Employment Contracts in Nigeria: Legal Framework, Challenges, and Remedies." Global Journal of Politics and Law Research 12, no. 6 (2024): 64–78. https://doi.org/10.37745/gjplr.2013/vol12n66478.

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Labour and industrial relations are vital for socio-economic development in Nigeria and globally. Employee working conditions and job security significantly influence productivity and national progress, making their protection essential. To enhance employee safety, the International Labour Organization (ILO) has established standards for terminating employment that protect workers' rights. This study analyzes employment contracts and the termination practices in Nigeria, focusing on wrongful termination as a major issue. The research reviews Nigerian Labour Law to promote job security and redu

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Fairey, David B. "Exclusion of Unionized Workers from Employment Standards Law." Articles 64, no. 1 (2009): 112–33. http://dx.doi.org/10.7202/029541ar.

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The technique of permitting unions to derogations from core employment standards has been increasingly advocated as a means of making labour law more flexible while still protecting workers since the union is considered to bring countervailing power in support of workers’ preferences. The new British Columbia Employment Standards Act contains a broad union derogation provision. Industrial relations experts have commented that employment standards that permit the opting out of statutory employee protections in this way invites corrupt arrangements between employers and employer-dominated unions

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9

Kim, Jong-Hyun. "Constitutional Review of Platform Workers’ Labor Rights." Korean Constitutional Law Association 30, no. 3 (2024): 299–343. http://dx.doi.org/10.35901/kjcl.2024.30.3.299.

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Platform work has emerged and spread due to fundamental changes in the economy and labor environment and the avoidance of direct employment. Platform work refers to “paid labor provided through a digital platform that brokers work to an unspecified number of people and coordinates the labor provision process through algorithms,” and its types include local-based and web-based. The right to work, a fundamental right under the Constitution, is embodied in individual labor relations laws, including the Labor Standards Act, and the recognition of worker status under the Labor Standards Act is the

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Vosko, Leah F. "A New Approach to Regulating Temporary Agency Work in Ontario or Back to the Future?" Articles 65, no. 4 (2011): 632–53. http://dx.doi.org/10.7202/045589ar.

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In 2009, the province of Ontario, Canada adopted the Employment Standards Amendment Act (Temporary Help Agencies) partly in response to public concern over temporary agency workers’ limited access to labour protection. This article examines its “new” approach in historical and international context, illustrating that the resulting section of the Employment Standards Act (ESA) reflects continuity through change in its continued omissions and exclusions. The article begins by defining temporary agency work and describing its significance, explaining how it exemplifies precarious employment, part

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Vickers, Lucy. "Religion and Belief Discrimination and the Employment of Teachers in Faith Schools." Religion & Human Rights 4, no. 2-3 (2009): 137–56. http://dx.doi.org/10.1163/187103109x12459002443655.

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AbstractThis article considers the extent to which the right to freedom of religion of teachers is adequately protected in English schools under the Employment Equality (Religion and Belief) Regulations 2003 and the Schools Standards and Framework Act 1998. It first considers the context in which religious schools operate, then considers the legislation that protects the religious freedom of teaching and non-teaching staff in state schools. It concludes that the legislative framework provides inadequate protection for the right of teachers to enjoy freedom of religion and belief, and, further,

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Barnow, Burt S., and Jeffrey A. Smith. "Performance Management of U.S. Job Training Programs: Lessons from the Job Training Partnership Act." Public Finance and Management 4, no. 3 (2004): 247–87. http://dx.doi.org/10.1177/152397210400400302.

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Performance management systems that provide (relatively) quick feedback to program operators play an important role in employment and training programs around the world. This paper brings together evidence on the effects of such systems, drawn primarily from the widely studied U.S. Job Training Partnership Act (JTPA) program. the questions addressed include the effects of performance standards systems on who gets served, on what services they receive, on the technical efficiency of program operation, on the economic efficiency of program operation, and on strategic behavior by program managers

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Gullett, Carlos Ray. "Reverse Discrimination and Remedial Affirmative Action in Employment." Public Personnel Management 29, no. 1 (2000): 107–18. http://dx.doi.org/10.1177/009102600002900108.

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Public sector employers are governed by two standards in the design and application of voluntary remedial affirmative action plans: Title VII of the Civil Rights Act of 1964 (as amended) and the equal protection provisions of the Constitution. Since these plans are subject to challenge under reverse discrimination claims, they must be carefully designed to avoid vulnerability to such charges under either a statutory or constitutional claim. However, the Supreme Court has interpreted the legal acceptability of voluntary affirmative action differently under the statute than under the Constitutio

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14

Swee Kian, Catherine Tay. "Recent Developments in Labour Laws in Singapore." Business Law Review 30, Issue 2 (2009): 24–27. http://dx.doi.org/10.54648/bula2009008.

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Singapore’s Employment Act has been updated for the first time since 1995. The significant changes that have been introduced are to keep pace with a changing labour market, a growing number of white–collar workers and rising salaries. The new labour laws, which came into effect on 1 January 2009, offer basic benefits and standards such as salary protection, minimum employment terms and a dispute mechanism. The Employment Act’s scope of coverage has been expanded in many ways, such as to include all workers with a monthly salary ceiling of USD 2,000, up from USD 1,600. The revision on the cover

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Suberi, Auni Syamimi Mohamad, Diyanah Fatini Derin, Nik Nur Amalin, et al. "Advancing Equality: A Comparative Analysis of Employment Rights for Disabled Individuals in Malaysia and Japan." International Journal of Research and Innovation in Social Science VIII, no. XII (2025): 3753–60. https://doi.org/10.47772/ijriss.2024.8120313.

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This article provides a comparative legal analysis of employment rights for people with disabilities in Malaysia and Japan, focusing on the strengths and limitations of the legal frameworks in both countries. The study critically examines Malaysia’s Persons with Disabilities Act 2008 and Japan’s Law for Employment Promotion of Persons with Disabilities, highlighting the effectiveness of each in protecting the employment rights of individuals with disabilities. The analysis reveals that while Malaysia’s legal framework aligns with international standards, enforcement and awareness remain inadeq

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Tucker, Eric, Andrea M. Noack, Rebecca Casey, Leah F. Vosko, Mark Thomas, and John Grundy. "Carrying Little Sticks: Is There a Deterrence Gap in Employment Standards Enforcement in Ontario, Canada?" International Journal of Comparative Labour Law and Industrial Relations 35, Issue 1 (2019): 1–30. http://dx.doi.org/10.54648/ijcl2019001.

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This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there i

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Robiatul Adawiyah, Sulis Suhartini, and Enjum Jumhana. "Perbandingan Hukum Ketenagakerjaan Indonesia dan Singapura Studi Kasus Pengupahan dan Perlindungan Pekerja." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 3, no. 1 (2025): 205–10. https://doi.org/10.55606/eksekusi.v3i1.1750.

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This study compares the labor laws of Indonesia and Singapore with a focus on wages and worker protection. This study uses comparative research methods to analyze the differences and similarities between the Employment Law No. 13 of 2003 in Indonesia and the Employment Act (Cap 91) in Singapore. The results of the study show that Singapore has higher wage standards and more comprehensive worker protection than Indonesia. This study recommends improving labor laws in Indonesia to improve workers' welfare and strengthen their protection.

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YU, Seoung-Jae. "70 years of Labor Standards Act, the Transition and the Significance of Employment Protection Law." Journal of Labour Law 87 (September 30, 2023): 45–94. http://dx.doi.org/10.69596/jll.2023.09.87.45.

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Koczur, Sebastian. "Egzekwowanie zatrudnienia pracowniczego w prawie zamówień publicznych przejawem naruszenia wolności gospodarczej." Zeszyty Prawnicze Biura Analiz Sejmowych 81, no. 1 (2024): 15–39. http://dx.doi.org/10.31268/zpbas.2024.02.

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This article analyzes the regulation regulated in art. 95 of the Public Procurement Law, the contracting authority is obliged to specify in the notice the activities to be performed by persons employed by the contractor under an employment contract. Recognizing the validity of the very idea of protecting employees, it should be stated that the method of determining the necessity to establish an employment relationship adopted in the Act, based solely on the nature of the activities, thus ignores the way of their implementation and, consequently, is an overly rigorous means of implementing the

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Palmer, Stephanie. "Human Rights: implications for labour law." Cambridge Law Journal 59, no. 1 (2000): 168–200. http://dx.doi.org/10.1017/s0008197300000064.

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The author considers the potential of the Human Rights Act to influence the future of labour law. First, the development of common law can be based on fundamental human rights principles. Statutory interpretation of employment legislation can also be grounded on this potentially more principled approach. Second, the new legislation may hasten the development of a common law of privacy and provide greater protection for expression of political and religious views in the employment context. Third, it changes the criteria against which the propriety of restrictions in the employment relationship

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21

Tucker, Eric, Rebecca Casey, and Leah F. Vosko. "Enforcing Employment Standards for Temporary Migrant Agricultural Workers in Ontario, Canada: Exposing Underexplored Layers of Vulnerability." International Journal of Comparative Labour Law and Industrial Relations 35, Issue 2 (2019): 227–54. http://dx.doi.org/10.54648/ijcl2019011.

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Over 50,000 migrant agricultural workers are employed in Canada each year, almost half of whom are destined for the Province of Ontario. These workers are among the most vulnerable in the country and therefore most in need of labour and employment law protection. One important source of employment rights in Ontario is the Employment Standards Act (ESA), which establishes basic minimum entitlements in areas such as wages, working time, and vacations and leaves. Drawing on an analysis of the Ontario Ministry of Labour’s (MOL’s) Employment Standards Information System (ESIS), a previously untappe

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22

Duncan, Grant. "Advancing in Employment: The Way Forward for Vocational Rehabilitation." Victoria University of Wellington Law Review 35, no. 4 (2004): 801. http://dx.doi.org/10.26686/vuwlr.v35i4.5721.

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While the Injury Prevention, Rehabilitation, and Compensation Act 2001 reestablishes the ACC scheme on firmer foundations, there are still unanswered questions regarding the rights of individuals with permanent partial disability involving an incapacity for their previous occupation. While the existing entitlements appear to work well for the majority of injured workers, the basic goals set by legislation for vocational rehabilitation still allow the termination of support to be based upon a capacity for any suitable occupation, regardless of the availability of actual employment. No regard ne

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23

Cha, Sung-An. "Legal Basis and Nature of the Obligation to Provide Just Accommodation to Employees with Disabilities etc." Kyung Hee Law Journal 57, no. 2 (2022): 225–58. http://dx.doi.org/10.15539/khlj.57.2.7.

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The most direct legal basis for the obligation to provide just accommodation to employees with disabilities is the Anti-Discrimination against and Remedies for Persons with Disabilities Act(ADRPDA). ADRPDA divides discrimination into direct discrimination, indirect discrimination, and refusal to provide just accommodation. The UN Convention on the Rights of Persons with Disabilities(CRPD) has separate provisions for non-discrimination and the obligation to provide reasonable accommodation in relation to employment. CRPD is an international treaty that has been ratified and agreed to by the Nat

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24

Dimitrov, Dara. "Employment Advocate vs Employment Lawyer: A comparative analysis between New Zealand, Australia, and the United Kingdom." New Zealand Journal of Employment Relations 47, no. 1 (2023): 130–44. http://dx.doi.org/10.24135/nzjer.v47i1.119.

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New Zealand is facing a burgeoning number of employment advocates in its legal system, especially since the Covid-19 pandemic. As part of the enactment of the Employment Relations Act (ERA) 2000, New Zealand’s parliament intended that employment disputes be resolved in a non-adversarial and efficient manner that required little legal representation. Employment advocates are meant to meet that need; a relatable agent for an employment litigant that resolves disputes faster and cheaper. However, there have been increasing concerns from the employment judges, the New Zealand Law Society, lawyers

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Seltzer, Andrew J. "The Effects of the Fair Labor Standards Act of 1938 on the Southern Seamless Hosiery and Lumber Industries." Journal of Economic History 57, no. 2 (1997): 396–415. http://dx.doi.org/10.1017/s0022050700018490.

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The Fair Labor Standards Act of 1938 imposed a binding minimum wage on the southern seamless hosiery and lumber industries. However, the process of adjusting to the new minimum differed across the two industries. Seamless hosiery firms substituted capital for labor and converted or replaced old machinery. Southern lumber firms employed fewer workers relative to northern and western firms, however, changes in their resource base and war-related government purchases prevented an absolute decrease in employment levels. Numerous southern lumber firms continued to pay less than minimum rates by ill

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Noack, Andrea M., Leah F. Vosko, and John Grundy. "Measuring Employment Standards Violations, Evasion and Erosion - Using a Telephone Survey." Articles 70, no. 1 (2015): 86–109. http://dx.doi.org/10.7202/1029281ar.

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For many workers in Ontario, the Employment Standards Act (ESA) provides the only formal measures of workplace protection. The complaints-based monitoring system utilized by the Ontario Ministry of Labour, however, makes it difficult to assess the overall prevalence of employment standards (ES) compliance in the labour force. In addition to outright ESA violations, prevailing research highlights the significance of the erosion, evasion, and outright abandonment of ES for workers’ access to protection through practices such as the misclassification of workers and types of work. In this article,

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Riesen, Tim, Faith Thomas, and Kayla Currier Kipping. "Work-Based Learning Experiences for Students With Disabilities: Ensuring Compliance With the Fair Labor Standards Act." Rehabilitation Research, Policy, and Education 33, no. 2 (2019): 156–66. http://dx.doi.org/10.1891/2168-6653.33.2.156.

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BackgroundWork-based learning strategies are often used in secondary transition settings to identify a student's strengths and interest related to competitive integrated employment. Transition professional must not only understand evidence-based practices for creating and supporting work-based learning, they must also understand specific statutory provisions outlined in the Fair Labor Standards Act (FLSA).ObjectiveThis article provides a targeted review of the FLSA to highlight specific provisions that transition professionals must understand when facilitating work-based learning activities in

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JOJO, SIM, and FADILLAH ISMAIL. "EMPLOYEE DEVELOPMENT THROUGH PROBATION: LEGAL, ORGANISATIONAL AND STRATEGIC PERSPECTIVES FROM MALAYSIA AND BEYOND." Quantum Journal of Social Sciences and Humanities 6, no. 2 (2025): 113–25. https://doi.org/10.55197/qjssh.v6i2.625.

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The probation period serves as a critical phase in employee development, providing a structured framework for assessing job suitability, fostering skill enhancement, and ensuring alignment between employees and organizational expectations. While not explicitly defined under Malaysia’s Employment Act 1955 or the Industrial Relations Act 1967, judicial precedents recognize probation as a trial period, necessitating fair and transparent employment policies. This study explores the significance of probationary periods in employee growth, particularly in skill acquisition, feedback mechanisms, and

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Phiri, Chidongo, Kalisto Kalimaposo, Harrison Daka, et al. "Unmasking Corruption-Fraud In The Compensation Systems Of Zambia: A Case Of Retirements On Medical Grounds." International Journal of Research and Scientific Innovation XI, no. V (2024): 511–19. http://dx.doi.org/10.51244/ijrsi.2024.1105034.

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This paper explores the real life experiences of victims of employment accidents and retirements due to the efficacy of the laws and policies governing workplace accidents. To do so the paper delves into effects of diseases and dismissals considering the inevitability of such occurrences to workers. Of concern are the effects of employment laws and policies due to industrial accidents, diseases in factories and other places of work and the subsequent retirements on medical grounds. The paper suggests remedies to these policies and laws arguing that accidents causing griefs to employees can onl

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Laci, Amarildo, Armela Maxhelaku, and Ilir Rusi. "Equality at Work and Discrimination in Employment and Occupation." Journal of Educational and Social Research 7, no. 2 (2017): 67–72. http://dx.doi.org/10.5901/jesr.2017.v7n2p67.

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Abstract The aim of this paper is to give some general views on international labour standards, regarding equality of opportunity and treatment. It is important to mention that respecting freedom from discrimination, as a fundamental human right, places a great importance in guaranteeing other rights for workers. Equality standards applied by ILO provide methods which aim to fight against discrimination in society and in the workplace of the employers. One part of this paper is focused in analyzing the term “discrimination”, focusing in different forms that can occur at work, the target group

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Brock, Louise. "Overcoming Collective Action Problems: Enforcement of Worker Rights." University of Michigan Journal of Law Reform, no. 30.4 (2025): 781. https://doi.org/10.36646/mjlr.30.4.overcoming.

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In a period of new employment laws, it is important to determine how those laws are enforced, why enforcement of those laws is sometimes limited and how enforcement can be improved. This Note discusses the ways in which the theory of collective action limits enforcement of three employee rights statutes: the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act. Enforcement mechanisms such as class action lawsuits, administrative agencies, employee participation groups, and labor unions represent potential methods of overcom

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Emmanuel Chidi, Ibekwe,. "Labour and Arbitration Act in the 21st Century: Protecting and Promoting Freedom of Workers." African Journal of Culture, History, Religion and Traditions 8, no. 1 (2025): 38–48. https://doi.org/10.52589/ajchrt-kmeh9kdt.

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This paper explores the Labour and Arbitration Act's role in protecting and promoting workers' rights in the 21st century, considering economic shifts, technological advancements, and evolving employment patterns. It examines the effectiveness of arbitration as an alternative dispute resolution (ADR) mechanism within the context of employment relations, focusing on its potential to balance power between employers and workers. Employing a mixed-methods approach that includes statutory analysis, case studies, and qualitative interviews with legal experts and trade union representatives, the pape

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Huysamen, G. K. "The Relevance of the New APA Standards for Educational and Psychological Testing for Employment Testing in South Africa." South African Journal of Psychology 32, no. 2 (2002): 26–33. http://dx.doi.org/10.1177/008124630203200203.

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Some of the major developments, reflected in the most recent revision of the Standards for educational and psychological testing of the American Psychological Association and two other sponsoring organizations, are reviewed. In view of the South African Employment Equity Act of 1998, the focus is on psychometric considerations that have a bearing on employment testing. Topics covered include the, conceptualisation of construct validity as the primary objective in test validation; the introduction of several sources of (construct) validity evidence; the formulation of requirements such as freed

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Athaullah Helmi, Arkan, Muhammad Sood, and Diman Ade Mulada. "Legal Comparison Between Usa’s Federal Law And Indonesia’s National Law on The Implementation of Quota System For Disabled Employee." Commerce Law 4, no. 2 (2024): 359–66. https://doi.org/10.29303/commercelaw.v4i2.5116.

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This thesis examines the legal frameworks in the United States and Indonesia concerning the employment of persons with disabilities (PWDs). It compares the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination and mandates reasonable accommodations, with Indonesia's Law Number 8 of 2016, which establishes a quota system for PWD employment. The research investigates the effectiveness of both approaches in promoting inclusivity and identifies potential shortcomings in Indonesia's quota system, such as ambiguity in enforcement and lack of specific accommodation guidelines.

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Eyongndi, David Tarh-Akong, and Adekunbi Imosemi. "Aloysius V. Diamond Bank Plc: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions." African Journal of International and Comparative Law 31, no. 3 (2023): 356–76. http://dx.doi.org/10.3366/ajicl.2023.0453.

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At common law, the employer is entitled to terminate the employment of an employee, for any reason or no reason at all. At present, the level of unemployment in Nigeria is gargantuan, coupled with a high rate of employment insecurity. In 2010 the status and stature of the National Industrial Court of Nigeria (NICN) were enhanced by the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010, which vests the NICN with exclusive original civil jurisdiction over labour and employment matters, powers it to apply international best practices (IBP) and international labour

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Lyerly, Eric. "DOL proposes new rule to eliminate subminimum wage for disabled workers." Disability Compliance for Higher Education 30, no. 7 (2025): 2. https://doi.org/10.1002/dhe.31900.

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In December 2024, the Department of Labor issued a Final Rule to eliminate employers’ ability to pay subminimum wages to individuals with disabilities under federal law. Currently, Section 14(c) of the Fair Labor Standards Act allows employers to apply for certificates permitting payment below the federal minimum wage of $7.25 per hour if a worker's earning capacity is impaired by age, disability, or injury. This provision applies only when necessary to avoid limiting employment opportunities for these workers.

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Choi, Hong Ki. "A Study on Tasks for Flexible Work Hour System." Wonkwang University Legal Research Institute 40, no. 1 (2024): 61–89. http://dx.doi.org/10.22397/wlri.2024.40.1.61.

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The ”work hours” are the key terms and conditions of employment in the labor contract (Labor Standards Act Article 17-1(2)), and they are closely related to the “wages” paid to the worker as remuneration for work. The main task of the Labor Act is to regulate the work hours to protect the health rights of workers and guarantee the work-life balance of the workers. The history of Labor Act is also called the history of shortening the work hours. This is because the work hours are the key regulatory matters in the Labor Act. It is also a crucial task to regulate the work hours to guarantee the h

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Kim, Jin Gon. "Legislative Shift to Address Inequality in Labor Conditions : Exclusion of Small Businesses from the Application of the Labor Standards Act and Inequality." Korean Constitutional Law Association 31, no. 1 (2025): 325–57. https://doi.org/10.35901/kjcl.2025.31.1.325.

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A significant portion of economic life begins within the framework of labor relations. The majority of the population relies on employment for the foundation of their material and cultural lives. Consequently, individuals seek to integrate into labor relationships and ensure the stability of their continuity and termination. In contrast, employers, influenced by the scale of their business or workplace and the volatility of the economic environment, may prefer the formation of less restrictive labor relationships. According to the Labor Standards Act, which governs the general principles of la

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Greenlaw, Paul S., and John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions." Public Personnel Management 23, no. 4 (1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.

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In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for e

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Kang, Jung Soo. "A small consideration on the partial amendment of the Labor Standards Act (draft) related to worker representatives." Legal Studies Institute of Chosun University 31, no. 1 (2024): 127–64. http://dx.doi.org/10.18189/isicu.2024.31.1.127.

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The worker representative system has been expanded as the subject of written agreement and hearing opinions in labor laws, including the Labor Standards Act. Workers' representatives are recognized as important in determining working conditions at workplaces in a situation where the limitations of the traditional working condition determination system are faced due to the low labor union organization rate and diversification of employment types. However, in fact, there are no legal protection regulations for the selection procedure, method, status and activity guarantee of worker representativ

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Shin, Lai-Yi, and Ho-Chang Roh. "A Study on The Right to Agree on the Continuance of Employment in Labor Standards Act and Business M&A Act in Taiwan." LABOR LAW REVIEW 52 (March 31, 2022): 41–70. http://dx.doi.org/10.32716/llr.2022.03.52.41.

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Hee-Won Kang and 선미란. "Study on the Legal Characteristics of Employment Rule -Based on the Legislation History of the Labor Standards Act-." HUFS Law Review 37, no. 2 (2013): 233–52. http://dx.doi.org/10.17257/hufslr.2013.37.2.233.

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Landau, Ingrid, and Dominique Allen. "Major court and tribunal decisions in Australia in 2018." Journal of Industrial Relations 61, no. 3 (2019): 421–37. http://dx.doi.org/10.1177/0022185619834049.

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The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review; a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed

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Shepley, Collin, and R. Joseph Waddington. "NCLB Alternate Assessment Policies and Postschool Employment Outcomes for Individuals With Significant Cognitive Disabilities." Intellectual and Developmental Disabilities 62, no. 1 (2024): 1–13. http://dx.doi.org/10.1352/1934-9556-62.1.1.

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Abstract The participation of students with significant cognitive disabilities in accountability assessments aligned with general education standards is a heavily debated topic in the field of special education. Attempts to understand the impact of these assessments have generally been limited to correlational methods. We employed a difference-in-differences approach using select waves of the National Longitudinal Transition Study-2 dataset to estimate the impact of alternate assessment policies from the No Child Left Behind Act of 2001 on the employment outcomes of individuals with significan

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Kobroń-Gąsiorowska, Łucja. "EXTENSION OF LABOR LAW PROTECTION STANDARDS IN THE ASPECT OF FIXED-TERM CONTRACTS OF ACADEMIC TEACHERS. COMMENTS DE LEGE LATA AND DE LEGE FERENDA." Roczniki Administracji i Prawa specjalny II, no. XXI (2021): 387–400. http://dx.doi.org/10.5604/01.3001.0015.6439.

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This paper attempts to determine the scope of protection of academic teachers in the context of repeated concluding fixed-term contracts and the partial exclusion by the Act on higher education of the application of Art. 25(1) of the KP to employment contracts of this group of employees. The author does not intend to duplicate the extensive literature in this area presented by labor law doctrine. In this publication, the author defends the thesis that the employment relationship of an academic teacher should be subject to a broader impact of the protective provisions of the Labor Code, includi

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Tucker, Eric, Alan Hall, Leah Vosko, Rebecca Hall, and Elliot Siemiatycki. "Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 31, no. 01 (2015): 65–86. http://dx.doi.org/10.1017/cls.2015.34.

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Abstract The purpose of this paper is to advance an approach to analyzing decision-making by front line public officials. The notion of discretion in front line decision-making has been examined widely in the law and society literature. However, it has often failed to capture the different kinds and levels of decisions that enforcement officials make. Taking an interdisciplinary approach that draws on political, sociological, and legal analysis, we propose a new conceptual framework, one that draws a sharper distinction between discretion and judgment and teases out distinct levels in the scop

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Meyer, C. Kenneth, Allen Zagoren, Kelsie Wolfe, Tristan Lynn, and Bill Moorman. "Disabled Laborers And The Equal Employment Opportunity Commission’s (EEOCs) Nightmare." Journal of Diversity Management (JDM) 11, no. 2 (2017): 17–26. http://dx.doi.org/10.19030/jdm.v11i2.9906.

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In 2012, EEOC v. Henry’s Turkey Service was one of the largest disability settlements in American history. Henry’s Turkey Service was ordered to pay $240 million for paying mentally disabled workers with I.Q.s estimated in the 60-70 range, 41 cents per hour and housing them in unsafe housing and health conditions (Hsieh, 2013). Over forty years, Henry’s Turkey Service relocated hundreds of mentally disabled workers from Texas to Iowa where they were subjected to horrendous living conditions with unlawful, minimal pay—about $65.00 per month, while they worked at a local turkey processing factor

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Van Niekerk, Juani. "Mediese Sertifikate ingevolge die Traditional Health Practitioners Act: Die Kwessie van Geldigheid en Betroubaarheid /Medical Certificates in terms of the Traditional Health Practitioners Act: The Issue of Validity and Reliability." Potchefstroom Electronic Law Journal 22 (August 19, 2019): 1–35. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5762.

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On 1 May 2014, various provisions of the Traditional Health Practitioners Act 22 of 2007, came into effect. This resulted in the establishment of the Interim Council for Traditional Health Practitioners with the accompanying requirement that traditional healers must register with the council in order to practice lawfully in South Africa. Due to this development, a registered traditional healer is now included in the provisions of section 23 of the Basic Conditions of Employment Act 75 of 1997 for the purposes of issuing a valid medical certificate. Section 23(2) of the Basic Conditions of Empl

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Grześków, Małgorzata. "Ochrona sygnalistów w miejscu pracy – portugalski model implementacji dyrektywy (UE) 2019/1937." Studia z zakresu Prawa Pracy i Polityki Społecznej 31, no. 4 (2024): 275–92. http://dx.doi.org/10.4467/25444654spp.24.021.20281.

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This article addresses the protection of whistleblowers in employment relationships. The European Union has created a framework (minimum standards) for the protection of whistleblowers in Directive 2019/1937. As an act of EU law, the Directive 2019/1937 is binding on each Member State to which it is addressed with regard to the result to be achieved, but leaves national authorities freedom to choose the form and means. This article presents the model of implementation of the Directive 2019/1937 used in Portugal (the country that was one of the first to implement the Directive).

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Bras, Jean-Philippe. "Les privatisations au Maroc." Revue française d'administration publique 59, no. 1 (1991): 455–68. http://dx.doi.org/10.3406/rfap.1991.2481.

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Privatization in Morocco. The 1989 Privatization Act transfers an appreciable part of Moroccan public enterprise to the private sector. It demonstrates a desire to promote the domestic economic actors, to readjust the regional economies, to improve public finances, to direct savings towards industrial employment Conditions for applying it raise numerous questions, due, in particular, to the very substantial powers granted the minister in charge of privatisation. Moreover, implementing these transfers implies parallel structural reforms (stock exchange, accounting standards, financial engineeri

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