Legal Rights And Interests in the Workplace

by Summers, Clyde W.; Dau-Schmidt, Kenneth G.; Hyde, Alan

• ISBN13: 9781594600951
• ISBN10: 1594600953
• Format: Hardcover
• Copyright: 2007-06-01
• Publisher: Carolina Academic Press

Summary

This book provides teaching materials for a course merging two areas of law governing the labor market - collective labor law and individual employment law - which have historically been taught as separate courses. These materials represent an effort to interrelate or tie together these two bodies of law into a common framework. The broad premise of the book is that historically and functionally the predominant purpose of labor law has been to protect workers from market forces in the individual labor market. The articulate assumption is that individual bargaining in the labor market will lead to socially undesirable results and that the law here, as in many other areas, should come to the aid of the weaker party. It may do this in two ways: first, employees may be protected by direct regulation of terms and conditions of employment with laws such as minimum wage laws, health and safety laws and prohibitions against discrimination; second, employees may obtain a measure of protection by restructuring the labor market so as to replace individual bargaining with collective bargaining in the belief that the collective labor market will produce more acceptable social results.

Author Biography

Clyde W. Summers is a professor emeritus at the University of Pennsylvania Law School.Kenneth G. Dau-Schmidt is Associate Dean for Research and the Willard and Margaret Carr Professor of Labor and Employment Law at Indiana University School of Law.Alan Hyde is the Sidney Reitman Scholar and professor of law at Rutgers School of Law, Newark.

Table of Contents

Law and the labor market	p. 3
Freedom of contract and its limits	p. 59
The right of dignity : privacy, liberty, reputation	p. 189
Freedom of speech and assembly	p. 285
The right to voice : democracy in the workplace	p. 423
Self government in the collective market	p. 539
The right to fair and equal treatment	p. 653
Protection of physical integrity - occupational health and safety	p. 805
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