Article Abstract:
Labor Policy Assn. Pres. Jeff McGuiness believes that the proposed Teamwork for Employees and Managers (TEAM) Act will pass in Congress because the continued implementation of the National Labor Relations Act of 1935 (NLRA) in its present form is indefensible. Section 8(a)(2) of the NLRA prohibits companies from becoming involved in the creation or management of any labor organization. Rep. Steve Gundersen (R-WI) and Sen. Nancy Kassebaum (R-KS) proposed the TEAM Act in 1993 in recognition of the emergence of quality circles and other forms of work teams and their growing importance to organizational effectiveness. The bill seeks to exempt employee involvement structures from Sec. 8(a)(2) of the NLRA and to allow these to discuss issues with management that are of interest to both employees and employers as long as the relationship will have no impact on collective bargaining agreements.
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Article Abstract:
The Immigration Reform and Control Act (IRCA) of 1986 was enacted to ensure that jobs are given only to people who are legally eligible to work in the country. It requires all employers to verify both the identity and employment eligibility of new employees within three days of hiring. The law also provides protection to immigrants by prohibiting employment discrimination based on citizenship and national origin. The difficulty for employers is striking a balance between these two requirements. Companies must be able to verify the eligibility of workers in a way that does not go against any of the IRCA's anti-discrimination regulations. Employers found to violate the law are subject to stiff penalties. Peter Schneider of Kaufman, Naness, Schneider and Rosenweig offers tips for keeping on the right side of the IRCA.
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Article Abstract:
The Supreme Court ruled in 'United Food and Commercial Workers Union Local 751 v. Brown Shoe Co.' that employees may sue their employers for noncompliance with the Worker Adjustment and Retraining Notification Act (WARN). This law requires certain employers to notify their unions of a plant closure or a large-scale layoff 60 days before implementing these measures. According to the Supreme Court decision, employees may file a lawsuit against their companies in breach of this law and demand back pay for every day of the violation. More importantly, the ruling stated that labor unions may sue on behalf of employees. Don Savelson of New York City-based law firm Proskauer Rose Goetz & Mendelsohn LLP identifies three major implications of this decision. These are discussed.
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