Description

Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyse new developments and trends in U.S. labor law and practice. Reproduced here are papers delivered at the 2004 conference, the 57th in this venerable and highly influential series, with other articles either reprinted from earlier publications or written for this volume. The theme of the 2004 Conference was “Compensation, Work Hours, and Benefits.”

The broad range of contexts in which compensation, work hours, and benefits issues and disputes arise is clearly on display in the many relevant aspects with which the authors engage. These issues are gathered into nine categories as follows:

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• problems in ensuring acceptable compensation and work conditions in a global economy;
• attempts by states and municipalities to implement living wage measures and the potential conflict between such attempts and the doctrine of private labor law preemption;
• the possible demise of traditional pension benefits;
• recent workplace developments arising in response to the Fair Labor Standards Act (FLSA);
• the legality of policies surrounding attempts to keep workers’ pay secret;
• special compensation claims typically found in securities industry arbitration;
• state protections for non-salary forms of compensation;
• regulation of multiemployer benefit plans by the Employee Retirement Income Security Act (ERISA); and
• compensation, work hours and benefits issues with regard to multinational organizations.

As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

Introduction; J. Hirsch. Part One: Trade and Labor Rights. 1 . Appendix A of Section 301 Petition of American Federation of Labor and Congress of Industrial Organizations, U.S. Representative Benjamin L. Cardin, and U.S. Representative Christopher H. Smith: Trade Remedies to Enforce Workers’ Rights in China Are Required by U.S. Law and Do Not Violate WTO Rules. 2. The Growing Significance of International Labor Standards on the Global Economy; E.E. Potter. 3. Legitimacy and Capacity in Private Labor Monitoring: Two Case Studies; M. Barenberg. Part Two: Minimum Wage vs. Living Wage? 4. The New York Greengrocer Code of Conduct; M. Bodie. 5. Living Wage Ordinances and Traditional Labor Law: An Uneasy Conjunction; Z.D. Fasman. Part Three: Decline of the Traditional Pension Benefit? 6. The Shift from Defined Benefit to Defined Contribution Pension Plans; S. Estreicher, L. Gold. Part Four: Fair Labor Standards Act Litigation and Compliance. A. The ‘White Collar’ Exemptions. 7. The White Collar Exemptions: Where Are We, Where Are We Going, And Where Should We Be; S. Shaulson, B.S. McDonough. B. ‘Off the Clock’ Claims. 8. Off-the-Clock Claims From the Employee’s Perspective; A. Klein, S. Farhang. 9. ‘Off the Clock’ Claims: When Does an Employer ‘Suffer’ or ‘Permit’ Work to Occur? R. Batterman, J. Fullerton. C. Conducting Internal FLSA Audits. 10. Conducting Internal FLSA Audits; J.E. Alley, D. O’Gorman. Part Five: Pay Secrecy Under the National Labor Relations Act. 11. ‘Love, Sex, and Politics? Sure. Salary? No Way’: Workplace Social Norms and the Law; L. Bierman, R. Gely. 12. The Law and Social Norms of Pay Secrecy; M. Edwards. Part Six: Compensations Issues in the Securities Industry. 13. Compensation Claims in Securities Industry Arbitration; E. Brecher. 14. Securities Industry Bonus Claims; M. Delikat. Part Seven: State Wage Payment Laws. 15. The Case for Fiduciary Duty as a Restraint on Employer Opportunism under Sales Commission Agreements; S. J. Samaro. 16. Compensation Claims under New York Labor Law and the Common Law; T. O. Rogers. Part Eight: Multiemployer Benefit Plan Issues. 17. Multiemployer Benefit Plan Issues; M. Brossman, R. Richman, M. Changelo, J. Taran. 18. Withdrawal Liability Issues; E. Friedman, E. Waldner. Part Nine: Issues for the Global Organization. 19. Pay Issues in the Securities Industry: The U.K. Experience; L. Mayhew. 20. The Critical Elements in Navigating Social Insurance Integration for the Expat: The U.S. Perspective; R. Loebl, H. Pianko.