Global Labor and Employment Law for the Practicing Lawyer

Author: Samuel Estreicher; Andrew P. Morris
Publisher: Kluwer Law International
ISBN: 9789041132659
Published In: September 2010
Format: Hardback , 888 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In an increasingly global economy fraught with foreign law land mines, the breadth of concerns for lawyers advising clients employing or employed across borders is vast and growing. Finding ways to realize the expectations of the parties when the employment relationship spans multiple jurisdictions with potentially conflicting policies, different conceptions of employment, and even different vocabularies to describe employment events is a major challenge. In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area.

This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia – twenty-seven in all – use their unique strengths to address issues worthy of concern in each juridical realm. Among the many important topics presented and discussed are the following:

• application of international law “soft norms” through domestic legal systems;

• jurisdictional issues in employee benefits;

• extraterritorial application of the U.S. Employment Retirement Income Security Act (ERISA);

• impact of the application of international human rights standards to employment issues;

• drafting of specific types of employment agreements in a multijurisdictional context; • obstacles to cross-border enforcement of restrictive covenants;

• how U.S. securities law affects global stock option plans;

• workplace electronic privacy issues;

• publicly mandated social benefits;

• effect of both immigrant and non-immigrant visas on high-skill workers;

• how bilateral labor agreements can solve transnational immigration problems;

• codes of business conduct;

• role of labor rights in foreign direct investment;

• application of anti-discrimination laws to religious discrimination across jurisdictions; and

• whistleblower protection.

An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field. With insights that can assist lawyers engaged in counselling both employers and employees, this volume goes a long way toward meeting the expectations of both employee and employer at various stages of the employment relationship, and handling the disputes that inevitably arise.

Center for Labor and Employment Law at New York University School of Law Contributors
Chapter 1 Introduction Andrew P. Morriss
Chapter 2 Cross-Border Employment Contracts, Choice of Law, Choice of Forum, and the Enforcement of Cross-Border Judgments in the European Union Henry Drummonds
Chapter 3 "The Longest Journey, with a First Step": Bringing Coherence to Sovereignty and Jurisdictional Issues in Global Employee Benefits Law Paul M. Secunda
Chapter 4 Comparative Corporate Responsibility in the United States and France for Human Rights Violations Abroad Anna Triponel
Chapter 5 Restrictive Covenants in Cross-Border Employment Contracts Alan M. Koral

Chapter 6 Negotiating and Drafting Expatriate Employment Agreements Wendi S. Lazar
Chapter 7 Global Stock Option Plans: Registration, Disclosure, and Tax Issues Susan P. Serota
Chapter 8 Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watching William A. Herbert Chapter 9 The Critical Elements in Navigating Social Insurance Integration for the Expat: The US Perspective Richard Loebl & Howard Pianko
Chapter 10 A Practical Overview of Immigration Law for U.S. Employers Russell W. Roberts

Chapter 11 Restrictive U.S. Immigration Policy as to the H-1b Nonimmigrant Visa and Employment-Based Immigrant Visas: Impact on the U.S. Business Community and the High-Skilled Workforce David Grunblatt & Mazal Gavrielov Chapter 12 The State Strikes Back: Immigration Policy in the European Union Martin A. Schain
Chapter 13 Outsourcing Immigration Compliance Eleanor Marie Lawrence Brown
Chapter 14 The Fair Track to Expanded Free Trade: Making TAA Benefits More Accessible to American Workers William J. Mateikis
Chapter 15 Code of Conduct Toolkit: Drafting and Launching a Multinational Employer's Global Code of Conduct Donald C. Dowling, Jr.

Chapter 16 The Place of Labor Rights in Foreign Direct Investment Sheldon Leader
Chapter 17 Sweatshops, Choice, and Exploitation Matt Zwolinski
Chapter 18 Comparative Study of Religious Antidiscrimination Laws Erika C. Collins
Chapter 19 Federal Whistle Blower Laws Eric Taussig
Chapter 20 China's New Labor Contract Law and Protection of Workers Li Jing

Chapter 21 Dealing with Unions and Work Councils Abroad: The Case of China in the Context of Newly Industrializing Asia Earl V. Brown, Jr.
Chapter 22 Immigration and Judicial Review Justice Susan Glazebrook
Chapter 23 Dismissal Protections in a Global Market: Lessons to Be Learned from Serco Ltd. v. Lawson Jacquelin Mackinnon
Chapter 24 Ethical Issues in a Multijurisdictional Practice Theodore O. Rogers, Jr.
Chapter 25 Human Rights, Labor Rights, and Global Trade and Investment Lance Compa