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CLASSIC STUDY OF AMERICAN LABOR ECONOMICS "This book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, Commons finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful forces shaping the economic system. John R. Commons has contributed in one way or another to practically every piece of social and labor legislation that has been enacted in the 20th century." --JACK BARBASH, Monthly Labor Review, May 1989, Vol. 112, No. 5 "[An] . . . analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately."-- WESLEY MITCHELL, American Economic Review, XIV (1924) 253 John R. Commons [1862-1945] was a Professor of Economics at the University of Wisconsin. He was the author and editor of numerous works, and established his reputation with his editorial contributions to A Documentary History of American Industrial Society (1910-1911). He was the author of The Distribution of Wealth (1893), Institutional Economics (1934) and co-author of the History of Labor in the United States (1918-1935). Commons drafted much of the nationally influential labor legislation for the state of Wisconsin that gave unions legal privileges, offered compulsory unemployment insurance to workers and established the first system of workers' compensation in the United States. Due to these path-breaking reforms, he is considered to be the spiritual father of the Social Security Act.
Why our workplaces are authoritarian private governments—and why we can't see it

One in four American workers says their workplace is a "dictatorship." Yet that number probably would be even higher if we recognized most employers for what they are—private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more—and far more obtrusively—by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free—and why so many employers advocate less government even while they act as dictators in their businesses.

In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society—from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln—were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures.

Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom.

Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.

A Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws—such as maximum hour laws, minimum wage laws, and night work laws—from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s.

Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked—the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century.

Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences.

Resolve any HR issue in a snap!

Solving office problems before they escalate marks the difference between success and failure for any HR professional. The HR Toolkit provides what you need to resolve every imaginable challenge— saving your company time and money.

With a handy indexed listing of the most common workplace conflicts and solutions, The HR Toolkit offers simple, actionable techniques you can start using right away. In no time, you’ll be an expert on every issue and situation you face, including:

Conflict resolution Performance management Job design Employee selection Workplace culture Codes of ethics Medical leave Fair labor standards Workplace Violence and Bullying Competitive Corporate Governance

The HR Toolkit packs everything you need into one handy volume to help you increase both productivity and your company’s bottom line by solving problems with diplomacy and skill.

Praise for The HR Toolkit

"Dozens of sample memos, policies, training aids, exercises, checklists and more that readers can use immediately for a wide range of HR tasks. Author Denise A. Romano, an HR professional for more than 14 years, does more than offer sample documents and review laws relevant to HR. She urges HR professionals to be “credible activists” who are willing—and well-trained enough—to point out when their companies are violating laws or just handling things improperly through inadvertent errors. She also addresses HR professionals’ worries—including advising them on coping with workplaces that devalue HR. "
—SHRM/HR Magazine

In the last several years, more than a million jobs have been lost in the United States, many of them due to the closure of plants, factories, or downsizing in shrinking companies. Millions more people have lost their jobs due to being fired, restructuring, or mergers in major corporations. Many thousands more are expected to lose their jobs in the year to come and that leads many to wonder what rights and benefits they have to help them recuperate and get back on their feet. This comprehensive guide to the laws and benefits provided to those individuals who have lost their jobs, for whatever reason, will help you discover exactly what you can do to ensure you have the resources you need to salvage your life and your career after losing a job.

A complete listing of the requirements your employer is bound to and the legal implications of your particular situation will be provided in multiple chapters broken down to reflect the various situations in which you lost your job. If you were laid off due to a factory closing, you will be given advice on how much of your retirement benefits you are entitled to, how much notice your employer is legally required to provide you (as per the WARN act), and what you can do in the final 60 days to shore up future employment. If your company downsizes, you will be given detailed descriptions of the laws that apply to your workplace according to where you work and how long you have worked there.

You will learn what opportunities the federal government provides to those who have lost their jobs, including unemployment benefits and welfare coverage. You will also learn about how you can take advantage of additional workforce training to further your technical skills. You will learn how to handle your taxes while unemployed. You will learn how to know if your firing was legal and if you have a legal basis to reproach your company for laying you off. If you were unfairly terminated, you will be shown how you can approach an attorney and what you need to provide to win your case.

Finally, you will be shown which resources and tools are available to help you get back on your feet, finding a new job that utilizes your skills and training. You will learn how you can modernize your skill set with additional training, seek out hiring services, and supplement your income between jobs with temporary or part-time opportunities. Hours of expert opinions have been gathered into this book from hiring managers, employment lawyers, and other experts in the field to help you know exactly what rights you have and what you can do to recover. If you have been laid off, fired, or unfairly terminated, this book will provide you with everything you need to minimize the stress and suffering of your situation and get back on your feet in no time.

Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.

Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.

Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations--and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.

Workplace sexual harassment law can be a tangle for business. This book brings clarity to this confusing area of employment law and blazes a new pathway in the discussions by employing a comprehensive, yet simple and concise approach. The chapters are a self-contained discussion of issues such as retaliation and constructive discharge, merged with substantive topics like quid pro quo and hostile environment sexual harassment. Achampong devotes significant attention to landmark developments shaping the law, and provides a holistic approach to managing the risk of liability for sexual harassment. This volume is an ideal reference and text for law and business professors and students, human resource managers, risk management consultants, and attorneys.

Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.

Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.

"It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands. Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor. Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short. The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.
Nowhere in the world has organized crime infiltrated the labor movement as effectively as in the United States. Yet the government, the AFL-CIO, and the civil liberties community all but ignored the situation for most of the twentieth century. Since 1975, however, the FBI, Department of Justice, and the federal judiciary have relentlessly battled against labor racketeering, even in some of the nation's most powerful unions.
Mobsters, Unions, and Feds is the first book to document organized crime's exploitation of organized labor and the massive federal cleanup effort. A renowned criminologist who for twenty years has been assessing the government's attack on the Mafia, James B. Jacobs explains how Cosa Nostra families first gained a foothold in the labor movement, then consolidated their power through patronage, fraud, and violence and finally used this power to become part of the political and economic power structure of Twentieth century urban America.
Since FBI Director J. Edgar Hoover's death in 1972, federal law enforcement has aggressively investigated and prosecuted labor racketeers, as well as utilized the civil remedies provided for by the Racketeer Influenced and Corrupt Organization (RICO) statute to impose long-term court-supervised remedial trusteeships on mobbed-up unions. There have been some impressive victories, including substantial progress toward liberating the four most racketeer-ridden national unions from the grip of organized crime, but victory cannot yet be claimed.
The only book to investigate how the mob has exploited the American labor movement, Mobsters, Unions, and Feds is the most comprehensive study to date of how labor racketeering evolved and how the government has finally resolved to eradicate it.
In a fresh and timely reinterpretation, Nelson Lichtenstein examines how trade unionism has waxed and waned in the nation's political and moral imagination, among both devoted partisans and intransigent foes. From the steel foundry to the burger-grill, from Woodrow Wilson to John Sweeney, from Homestead to Pittston, Lichtenstein weaves together a compelling matrix of ideas, stories, strikes, laws, and people in a streamlined narrative of work and labor in the twentieth century.

The "labor question" became a burning issue during the Progressive Era because its solution seemed essential to the survival of American democracy itself. Beginning there, Lichtenstein takes us all the way to the organizing fever of contemporary Los Angeles, where the labor movement stands at the center of the effort to transform millions of new immigrants into alert citizen unionists. He offers an expansive survey of labor's upsurge during the 1930s, when the New Deal put a white, male version of industrial democracy at the heart of U.S. political culture. He debunks the myth of a postwar "management-labor accord" by showing that there was (at most) a limited, unstable truce.


Lichtenstein argues that the ideas that had once sustained solidarity and citizenship in the world of work underwent a radical transformation when the rights-centered social movements of the 1960s and 1970s captured the nation's moral imagination. The labor movement was therefore tragically unprepared for the years of Reagan and Clinton: although technological change and a new era of global economics battered the unions, their real failure was one of ideas and political will. Throughout, Lichtenstein argues that labor's most important function, in theory if not always in practice, has been the vitalization of a democratic ethos, at work and in the larger society. To the extent that the unions fuse their purpose with that impulse, they can once again become central to the fate of the republic. State of the Union is an incisive history that tells the story of one of America's defining aspirations.


This edition includes a new preface in which Lichtenstein engages with many of those who have offered commentary on State of the Union and evaluates the historical literature that has emerged in the decade since the book's initial publication. He also brings his narrative into the current moment with a final chapter, "Obama's America: Liberalism without Unions.?

From South Africa in the nineteenth century to Hong Kong today, nations around the world, including the United States, have turned to guestworker programs to manage migration. These temporary labor recruitment systems represented a state-brokered compromise between employers who wanted foreign workers and those who feared rising numbers of immigrants. Unlike immigrants, guestworkers couldn't settle, bring their families, or become citizens, and they had few rights. Indeed, instead of creating a manageable form of migration, guestworker programs created an especially vulnerable class of labor.

Based on a vast array of sources from U.S., Jamaican, and English archives, as well as interviews, No Man's Land tells the history of the American "H2" program, the world's second oldest guestworker program. Since World War II, the H2 program has brought hundreds of thousands of mostly Jamaican men to the United States to do some of the nation's dirtiest and most dangerous farmwork for some of its biggest and most powerful agricultural corporations, companies that had the power to import and deport workers from abroad. Jamaican guestworkers occupied a no man's land between nations, protected neither by their home government nor by the United States. The workers complained, went on strike, and sued their employers in class action lawsuits, but their protests had little impact because they could be repatriated and replaced in a matter of hours.

No Man's Land puts Jamaican guestworkers' experiences in the context of the global history of this fast-growing and perilous form of labor migration.

Every work of art has a story behind it. In 1886 the German American artist Robert Koehler painted a dramatic wide-angle depiction of an imagined confrontation between factory workers and their employer. He called this oil painting The Strike. It has had a long and tumultuous international history as a symbol of class struggle and the cause of workers’ rights. First exhibited just days before the tragic Chicago Haymarket riot, The Strike became an inspiration for the labor movement. In the midst of the campaign for an eight-hour workday, it gained international attention at expositions in Paris, Munich, and the 1893 Chicago World’s Fair. Though the painting fell into obscurity for decades in the early twentieth century, The Strike lived on in wood-engraved reproductions in labor publications. Its purchase, restoration, and exhibition by New Left activist Lee Baxandall in the early 1970s launched it to international fame once more, and collectors and galleries around the world scrambled to acquire it. It is now housed in the Deutsches Historisches Museum in Berlin, Germany. Art historian James M. Dennis has crafted a compelling “biography” of Koehler’s painting: its exhibitions, acclaim, neglect, and rediscovery. He introduces its German-born creator and politically diverse audiences and traces the painting’s acceptance and rejection through the years, exploring how class and sociopolitical movements affected its reception. Dennis considers the significance of key figures in the painting, such as the woman asserting her presence in the center of action. He compellingly explains why The Strike has earned its identity as the iconic painting of the industrial labor movement.
“Rolf shows that raising the minimum wage to $15 is both just and necessary, lest the American dream of middle class prosperity turn into a nightmare” (David Cay Johnston, Pulitzer Prize–winning journalist).
 
Combining history, economics, and commonsense political wisdom, The Fight for $15 makes a deeply informed case for a national fifteen-dollars-an-hour minimum wage as the only practical solution to reversing America’s decades-long slide toward becoming a low-wage nation.
 
Drawing both on new scholarship and on his extensive practical experiences organizing workers and grappling with inequality across the United States, David Rolf, president of SEIU 775—which waged the successful Seattle campaign for a fifteen dollar minimum wage—offers an accessible explanation of “middle out” economics, an emerging popular economic theory that suggests that the origins of prosperity in capitalist economies lie with workers and consumers, not investors and employers.
 
A blueprint for a different and hopeful American future, The Fight for $15 offers concrete tools, ideas, and inspiration for anyone interested in real change in our lifetimes.
 
“The author’s plainspoken approach and stellar scholarship illuminate in-depth discussions about the deliberate policy decisions that began to decimate the middle class at the start of the 1980s as well as the insidious new ways in which big business continues to attack American workers today via stagnant wages, rampant subcontracting, unpredictable scheduling, and other detrimental practices associated with the so-called ‘share economy.’” —Kirkus Reviews
 
“David Rolf has become the most successful advocate for raising wages in the twenty-first century.” —Andy Stern, senior fellow at Columbia University’s Richard Paul Richman Center for Business, Law, and Public Policy
The complex and changing state of policy protections for transgender communities practically requires trans people to become legal experts just to navigate their everyday lives. It also simultaneously offers a window of opportunity for legal advocates to shape new laws and policies based on the lived experiences of trans people. Using personal interviews, legal case histories, and transgender theory, Transgender Employment Experiences combines policy analysis with the lived experiences of twenty transgender-identified employees, showing how worker protections that should exist under the Civil Rights Act are instead systematically undermined in the case of many transgender employees. Rather than focusing solely on negative experiences, however, Kyla Bender-Baird also highlights the positive experiences her respondents had coming out at work, illustrating examples of best practices in response to transitioning. Bender-Baird covers many forms of discrimination that transgender workers face, such as harassment, gender-based dress codes, income-related inequities, bathroom policies, and background checks. Drawing from this analysis, she argues for protections for gender expression in policy decisions, legislative efforts, and for a multipronged approach to workplace discrimination. With its effective balance of personal stories and legal guidance, this book is a much-needed resource for those in the field of gender and employment, from policy analysts to human resource managers to queer studies scholars.
Equal opportunity in the workplace is thought to be the direct legacy of the civil rights and feminist movements and the landmark Civil Rights Act of 1964. Yet, as Frank Dobbin demonstrates, corporate personnel experts--not Congress or the courts--were the ones who determined what equal opportunity meant in practice, designing changes in how employers hire, promote, and fire workers, and ultimately defining what discrimination is, and is not, in the American imagination.

Dobbin shows how Congress and the courts merely endorsed programs devised by corporate personnel. He traces how the first measures were adopted by military contractors worried that the Kennedy administration would cancel their contracts if they didn't take "affirmative action" to end discrimination. These measures built on existing personnel programs, many designed to prevent bias against unionists. Dobbin follows the changes in the law as personnel experts invented one wave after another of equal opportunity programs. He examines how corporate personnel formalized hiring and promotion practices in the 1970s to eradicate bias by managers; how in the 1980s they answered Ronald Reagan's threat to end affirmative action by recasting their efforts as diversity-management programs; and how the growing presence of women in the newly named human resources profession has contributed to a focus on sexual harassment and work/life issues.



Inventing Equal Opportunity reveals how the personnel profession devised--and ultimately transformed--our understanding of discrimination.

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