Samuel Estreicher – författare

Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following:

Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.

On the strength of the landmark 1991 Gilmer decision of the U.S. Supreme Court, which set a precedent precluding employees from litigation against their employers if they had signed a pre-dispute mandatory arbitration agreement, many U.S. companies have developed mandatory alternative dispute resolution (ADR) policies for employees. However, the issue is far from settled. A major segment of the U.S. labor and employment law community, including the powerful Equal Employment Opportunity Commission (EEOC) and numerous high-profile academics, contend that such agreements are unenforceable, and indeed should be unenforceable as a matter of policy.

This controversy was the theme of New York University''s 53rd Annual Conference on Labor. 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 American 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 valuable symposium addresses such provocative questions as the following:

In addition to addressing the technical legal questions, this volume, which reprints the proceedings of the 53rd Annual Conference on Labor, features empirical work that provides data to answer many of the questions that form the basis of many of the policy arguments. This wide-ranging yet incisive survey of expert opinion and analysis in the field will be of great value to all professionals involved in the law and policy attendant on labor and employment in the United States.

Proceedings of New York University 50th Annual Conference on Labor

Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University''s Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists.

In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice.

This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as:

This volume contains papers presented at the 49th Annual Conference on Labor held at New York University. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important developments in U.S. labor law and human resources affecting the American workplace and share new ideas and perspectives for improving the practice.

The chapters in this volume cover both recent developments and the very current issues likely to play a part in future developments. Topics discussed include e-mail policies, pre-dispute arbitration agreements, affirmative action after Adarand, and anti-workplace romance policies. The list of contributors comprises professors as well as attorneys for the Department of Justice, private firms, and corporations.

The papers contained in the Proceedings will assist and appeal to all concerned with contemporary labor law issues in general and in particular with how the United States is considering these issues.

Sexual harassment is the fastest-growing category of employment litigation in the United States. At the root of recent class actions against several major corporations and the subject of three significant Supreme Court decisions during 1998, sexual harassment litigation is an area of legal practice where much remains unsettled and few claims can be confidently met with established defenses or remedies.

Because of its potential for ad hoc outcomes that lead to ever-greater legal instability, the question of sexual harassment in the workplace requires sustained attention by policymakers in both business and government and by academics. It was in order to promote this crucial endeavor that New York University''s Annual Conference on Labor for 1999 chose this issue as its theme.

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 American workplace. This valuable symposium addresses such provocative questions as:

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:

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.