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There has been an explosion of labour contract disputes in China. The authors surveyed participant demographics, experience and opinions concerning the arbitration of these disputes under the local government Labour Dispute Arbitration Bureau (LAB) in the city of Dalian, Liaoning Province....
Persistent link: https://www.econbiz.de/10014044761
The work of American Sign Language (ASL)/English interpreters is filled with complex interpersonal, linguistic and cultural challenges. The decisions and ethical dilemmas interpreters face on a daily basis are countless and the potential for disagreement regarding those decisions is great....
Persistent link: https://www.econbiz.de/10014046823
Whether a full labor relations privilege is developing is one of the most interesting as well as difficult aspects of labor law and the law of evidence. This issue typically arises when an employee has a confidential conversation with a non-attorney union representative concerning a labor...
Persistent link: https://www.econbiz.de/10014050954
The Federal Arbitration Act (FAA) was created in 1925 to permit judicial enforcement of arbitration agreements covering commercial contract disputes between parties with roughly equal bargaining power. Today, however, the FAA is the legal authority for judicial enforcement of arbitration...
Persistent link: https://www.econbiz.de/10014053517
Conflicts and disputes in the workplace have often been based on individual identities shared with others in a group, creating identity-based conflicts with employees between each other, and with management. The organization of such conflicts on a group basis often entrenches positions, and...
Persistent link: https://www.econbiz.de/10014195209
Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of...
Persistent link: https://www.econbiz.de/10014198293
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were...
Persistent link: https://www.econbiz.de/10014214091
A number of scholars predicted that the Supreme Court's decision in Desert Palace, Inc. v. Costa heralded the demise of the three-step disparate treatment proof structure of McDonnell Douglas Corp. v. Green. Yet, the McDonnell Douglas framework is alive and well. In this article, I explain why...
Persistent link: https://www.econbiz.de/10014218019
This paper addresses the Equal Employment Opportunity Commission's current policy statement against the use of mandatory arbitration which is now more than ten years old. Quite a lot has occurred since the 1997 statement in which the EEOC criticized employers who attempted to require that...
Persistent link: https://www.econbiz.de/10014219526
This article reviews the existing empirical research on employment arbitration and presents new findings based on analysis of data from recent American Arbitration Association employment arbitration case filings. Whereas past research often concluded based on more limited datasets that outcomes...
Persistent link: https://www.econbiz.de/10014220509