Labor unions: a corporatist institution in a competitive world.
Union membership, as a percentage of the private sector workforce, has been in decline for fifty years. I argue that the cause of this unrelenting decline is a single, fundamental factor--the change in the United States economy from a corporatist-regulated economy to one based on free competition. Most labor...

Calling Maggie's bluff: the NAFTA labor agreement and the development of an alternative to neoliberalism.
While an employee of the U. S. Department of Labor, Stephen Herzenberg served as assistant to the chief negotiator for the NAFTA labor agreement. He is currently executive director of the Keystone Research Center in Harrisburg, PA. Among his recent publications are "Continental Integration and the Future of the North...

Disciplining attorneys and other FLSA-exempt employees for attendance problems: suppose your associate or paralegal shows up late for work. Can you dock her pay without transforming her from an exempt to a nonexempt employee under the Fair Labor Standards Act and thereby subjecting yourself to more regulation? Yes, you can, and here's how.
[ILLUSTRATION OMITTED] The federal Fair Labor Standards Act (FLSA) imposes several restrictions on how employers treat their employees, most notably requiring employers to pay overtime for workweeks that exceed 40 hours. Certain categories of employees are exempted from FLSA coverage. An employee is exempt if...

Mahoney v. RFE/RFL: an unexpected direction for the foreign laws defense.
TABLE OF CONTENTS I. INTRODUCTION II. A BRIEF HISTORY OF EXTRATERRITORIALITY III. POLICY CONSIDERATIONS IMPLICATED BY THE FOREIGN LAWS DEFENSE A. The Presumption Against Extraterritoriality B. Congressional Intent in Applying the ADEA and Title VII Extraterritorially C. Interpretation...

Nurse migration from a source country perspective: Philippine country case study.
This case study provides information on Philippine nurse migration patterns and presents a sending-country perspective on the benefits and costs of this phenomenon. Our aim is to identify strategies that will ensure that international nurse migration is beneficial for both sending and receiving countries. The Philippines is...

Ending our anti-union federal employment policy.
The editors invited me to offer advice to the next President. This was difficult, because a draft was due before we knew who the next President would be: In one circumstance I would advise forceful assertion of executive powers. In the other circumstance my advice might have been, "Resign!...

Invigorating enforcement mechanisms of the International Labor Organization in pursuit of U.S. labor objectives.
INTRODUCTION The purpose of international labor law at the beginning of the twentieth century and a motivating influence behind the formation of the International Labor Organization ("ILO") was the prevention of international competition that exploited the vacuum of labor regulation at the expense of workers. (1) World...

Are Canada's labour standards set in the third world? Historical trends and future prospects.
In a celebrated article, Richard Freeman (1995) asked whether workers' wages around the world are now set in Beijing. Wages, however, are only one dimension, albeit an important one, of workers' compensation, and even a partial answer to Freeman's question must take account of the extent to which forces...

Are Canada's labour standards set in the third world? Historical trends and future prospects.
In a celebrated article, Richard Freeman (1995) asked whether workers' wages around the world are now set in Beijing. Wages, however, are only one dimension, albeit an important one, of workers' compensation, and even a partial answer to Freeman's question must take account of the extent to which forces...

The NAFTA Labor Agreement and U.S. employment-discrimination law.
Introduction The North American Free Trade Agreement (NAFTA) is a trilateral trade agreement between Mexico, Canada, and the United States. NAFTA provides for the elimination of all tariffs on goods originating in the three member nations. The agreement was implemented in January 1994 and resulted in the creation of...