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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 October 2004

Jennifer Mueller and Brian H. Kleiner

The Fair Labour Standards Act is a law that determines whether an employee is considered exempt or non‐exempt. Non‐exempt employees are eligible for overtime pay (time and…

Abstract

The Fair Labour Standards Act is a law that determines whether an employee is considered exempt or non‐exempt. Non‐exempt employees are eligible for overtime pay (time and a half) versus exempt employees, which are not eligible for overtime pay. The Fair Labour Standards Act status is based upon job duties rather than job title. An employee is considered exempt if he/she falls into either the professional, administrative, or executive exempt categories meeting all criteria. Many positions in the fast food industry are paid the minimum wage, or close to it, due to the intense competition and low profit margins in the industry (Reynolds, 2002). In addition, many of the employees are nonexempt employees and must punch in and out on a time clock. The positions available in the fast food restaurants themselves do not meet the criteria to be exempt due to the highly routine work they perform, with the exception of some management positions.

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Management Research News, vol. 27 no. 10
Type: Research Article
ISSN: 0140-9174

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Book part
Publication date: 12 April 2005

Warren J. Samuels

The criterion differentiating “protective labor legislation” and “industrial relations legislation” is not whether they are for or against the interest of labor. The…

Abstract

The criterion differentiating “protective labor legislation” and “industrial relations legislation” is not whether they are for or against the interest of labor. The interest is that of the general public, as is the case with all legislation. The basic difference concerns the parties to two types of labor contracts. Protective labor legislation concerns the individual contract and labor relations legislation concerns the contract between the specific groups in the field.

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Further University of Wisconsin Materials: Further Documents of F. Taylor Ostrander
Type: Book
ISBN: 978-0-76231-166-8

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Documents from and on Economic Thought
Type: Book
ISBN: 978-1-84950-450-8

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Article
Publication date: 31 May 2004

Yun Chu, Jianyu Ma and Walter E. Greene

Recognizing the difference of labor laws between the U.S. and China, the U.S. parties need to recognize the differences when negotiating and investing in China, because…

Abstract

Recognizing the difference of labor laws between the U.S. and China, the U.S. parties need to recognize the differences when negotiating and investing in China, because some of the clauses can be settled when signing contracts or agreements. For China’s part, minimum wages are crucial for them to remember when they do business in the U.S.; the good thing is that they do not have to pay holidays that are different from China. Overall, the benefits are tremendous when the differences are recognized in advance of investments, contracts or agreement negotiations. Recognizing the differences between the two labor acts will avoid unnecessary cost and conflicts.

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International Journal of Commerce and Management, vol. 14 no. 2
Type: Research Article
ISSN: 1056-9219

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Book part
Publication date: 7 December 2020

Silvia Dorado

This chapter explores how hybrid organizations navigate the challenges (and opportunities) associated with advancing unconventional logic combinations. It draws from a…

Abstract

This chapter explores how hybrid organizations navigate the challenges (and opportunities) associated with advancing unconventional logic combinations. It draws from a study of the 180-year history of sheltered workshops in the United States. Sheltered workshops are hybrids that combine social and commercial logics to provide gainful employment to individuals with disabilities. This chapter theorizes a connection between the governance system – that is, country-based social norms and regulatory settlements – framing hybrids and the agency that allows them the discretion required to advance unconventional combinations. It introduces the term hybrid agency to describe this connection and identifies four types: upstream, midstream, downstream, and crosscurrent. Upstream agency draws from the entrepreneurial vision of charismatic founders. It allows hybrids the discretion to advance unconventional logic combinations in unsupportive times, but it also requires them to observe certain dominant cultural norms. Midstream agency draws from hybrids’ adaptation and advocacy skills and resources in periods of historical change. It allows access to resources and legitimacy for unconventional combinations. Downstream agency draws from organizational slack possible in supportive times. Slack eases tensions and tradeoffs between conflicting logics but may also fuel mission drift. Finally, crosscurrent agency also draws from hybrids’ adaptation and advocacy skills and resources. It provides hybrids with the opportunity to grapple with challenges in periods of contestation.

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Organizational Hybridity: Perspectives, Processes, Promises
Type: Book
ISBN: 978-1-83909-355-5

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Article
Publication date: 1 September 2003

Eduardo Larios and Brian H. Kleiner

Employment classification is once again becoming a hot issue. Despite the fact that the Fair Labor Standards Act was passed in 1938, in the year 2003 we continue to see…

Abstract

Employment classification is once again becoming a hot issue. Despite the fact that the Fair Labor Standards Act was passed in 1938, in the year 2003 we continue to see exploitation of employees currently classified under the exempt classification. However, employees are increasingly challenging the status of their employment to ensure fair wage treatment; many resulting in costly resolution to the employer. Thus, there is an increasing interest by employers to ensure their employees are properly classified appropriately (exempt or non‐exempt). As position classifications are put to the test, we can see that there are clear implications to various levels of the organisational structure, but the challenge lies in successful implementation of such reclassifications.

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Equal Opportunities International, vol. 22 no. 6/7
Type: Research Article
ISSN: 0261-0159

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Book part
Publication date: 19 November 2019

Michael D. Maffie

With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these policies may reduce the economic viability of lower value…

Abstract

With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these policies may reduce the economic viability of lower value employment claims. Of particular worry are claims made under the Fair Labor Standards Act since the FLSA does not include punitive damages. This study empirically tests the relationship between 368 Fortune 1000 companies’ employment arbitration policies and their wage and hour violations discovered during the Department of Labor inspections. Surprisingly, firms that used arbitration were found to have fewer violations and lower back wages for those violation compared to firms that did not use arbitration. This suggests that viewing arbitration merely as a cost-reduction tool may cast the practice too narrowly and instead it may be part of a larger conflict management system that seeks to address conflict at the earliest possible stage.

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Book part
Publication date: 19 November 2019

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Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-83909-192-6

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Article
Publication date: 1 January 1997

Wendy Johnston and Brian H. Kleiner

There have been several new developments in overtime pay within the last decade. The term “overtimepay” was born when congress passed the Fair Labor Standards Act (FLSA…

Abstract

There have been several new developments in overtime pay within the last decade. The term “overtimepay” was born when congress passed the Fair Labor Standards Act (FLSA) in 1938. All new developments in overtime revolve around this Act. Immediately after this Act was passed, reform measures were underway. The recent issues that surround overtime include: Whom is exempt from overtime pay?; If employers dock employees for partial day absences does that entitle them to overtime pay?; Can employers give compensatory time in lieu of overtime pay?; And is it time to reform the 40‐hour work week?

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Managerial Law, vol. 39 no. 1
Type: Research Article
ISSN: 0309-0558

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