| LABOR UNDER FIRE [email protected] |
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| Full-Time, Part-Time, Contingent, Temporary, Labor Day Employment |
| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
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| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
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| CONTINGENT, CONTRACTOR OR INDEPENDENT EMPLOYEE |
| Your Rights as an Independent Contractor Probably the main reason you became an independent contractor (aka consultant, freelance and IC) or want to, is to be your own boss. Unfortunately, some U.S. companies don't fully understand the difference between independent contractors and employees. Even among companies that do understand the difference, there are those that attempt to exploit the relationship, because it's clearly to their advantage to do so. about.com |
| * *** The Disposable Workforce: A worker's Perspective In the United States, President Herbert Hoover's promise of a "chicken in every pot" has taken on new meaning over the past several decades as American consumption of poultry has steadily increased. In 1075, per capita consumption of chicken was approximately 40 pounds; by 1996, it was 71.6 pounds and is projected to reach 81 pounds in three years. In 1992, per capita consumption of chicken surpassed that of beef for the first time. In addition to an increasing demand by the American public for white chicken meat, the opening of new international markets within the past decade has further increased the boom in poultry production. The two largest importers of US broilers include Russia, where consumers prefer dark meat and China, where chicken feet have become a delicacy. In sum, poultry processing, although a relatively young industry, has become one of the most profitable industries in the nation. publicjustice.org/ (LUF note: After screen appears click on "The Disposable Workforce" and the report will come up.) |
| * Contingent Employment And Alienated Workers By David C. Borkquist & Jaap Kleinhesselink Wirth (1992) asked whether modern day workers are to be architects or bees. Are they to function as creative, inquiring persons or dignity or as parts of rationally controlled production systems? Rinehart (1987) theorizes that control over the organization of work and the purposes for which it is undertaken have alienated workers. [Workers] feel that the basic reason for working is to maintain themselves and their families in order to do the things they really enjoy. "Life for these people begins when work ends" (Rinehart, 1987, p.7). Can contemporary work command a place of respect in the minds of workers? Journal of Industrial Teacher Education |
| Independent Contractor, Contract Labor, Or Employee - Who's Who Under the Fair Labor Standards Act? July 2002 By Brain Farrington Not everyone who does work for another is and "employee." When general Motors or Exxon engage the services of lawyers or accountants or security guard companies, or for that matter, when John or Jane Doe the housholder hire the neighborhood kid to mow the grass, the providers of these services are independent contractors. PayRollConnect |
| Independent Contractors/Temporary Workers Who Is An Employee? By Steven Hymowitz & Lawrence J. Sorohan II In a 1996 survey, the International Society of Certified Employee benefit Specialists found that 72% of its members were using contingent workers, with 60% of these companies using more contingent workers now than they did five years ago. 10 BNA Lab.Rel. Week 781 (July 31 1996). According to more recent reports, the trend continues. A recent survey by the American Staffing Association determined that the number of staffing firms throughout the United States has reached almost 7000. Further, the survey also concluded that over 90% of employers use temporary help. BNA Daily Labor Report, February 8, 2000 at C-1. As a result, a growing sector of the population has called the adoption of a contingent worker "code of conduct". McCallAthompson.com |
| Contingent Work: A Bridge to the Workforce of the Future Fundamental changes in our economy are affecting the labor supply in the United States in a profound way. The exponential growth of technology over the past 15 years, coupled within vast demographic changes in country's population and the continued rise of global competion, olsten |
| A Legal Basis for Workers as Agents: Employment contracts, Common Law, and the Theory of the Firm By Harvey S. James Jr. September 20, 2001 Abstract: The purpose of this paper is to show that the common law governing the employment of labor makes the distinction not only between employee and independent contractor but also between managerial control and agency. The idea is that common law precedents govern workers who are employed and managerially controlled without the requirement that formal, written contracts be established, and that these defaults support the authority of management to direct their activities within the firm. However, many firm owners voluntarily restrict their ability to control workers by making them agents. Workers who are agents differ from workers who are managerially controlled in that in the former caseworkers are treated differently the eyes of the common law and they often sign detailed, formal employment contracts. The typical features of formal employment contracts are examined. The principal conclusion is that formal employment contracts facilitate the granting of discretion to workers by superseding many of the legal defaults that define the relationship between the worker and firm owner. UniversityofMissouri-Columbia |
| Technological Advances Bring New Forms of Worker Exploitation By George Kane Technological advances, particularly in telecommunications, are rapidly transforming the operations of the American business office. Bottom-line pressures to streamline the workforce force companies to seek more cost effective alternatives to divide up work than the traditional staff of permanent full-time workers. Clerical temporaries have been the most numerous conscripts of the disposable workforce. IndependentProfessinals |
| Independent Contracting Do you want to run your own business, but don't know what business is right for you? How about becoming a independent contractor, doing what you know best? As an independent contractor you are your own boss - you hire your skill and/or services out to someone else. Independent contractors can be found under a variety of different names - independent professionals, consultants, freelancers, temps. All are self-employed, although there are subtle differences in the actual work description of each: SmallBusinessNotes.com |
| Origin of the term "Contingent Work" The term "contingent work" was first coined by Audrey Freedman in 1985 to describe a management technique of employing workers only when there was an immediate and direct demand for their services. The term was soon applied to any work arrangement that differed from the norm of a full time wage and salary job, including part-time work, temporary agency employment, employee leasing, self-employment, contracting out, employment in the business services sector, and home-based work. The broad use of the term created confusion among researchers, policymakers and the public as to what circumstances and qualities made a worker "contingent". Untitled Document |
| The Downsizing of Labor Rights By Christopher D. Cook March 1997 Workers were a hot item in 1996. Born-again populists of both parties jostled for votes from the anxious and the downsized. Labor was Big again, elevating workers' issues -- at least ones that contrasted Democrats from Republicans -- back into the electoral stage. But the AFL-CIO's $35 million pro-Democrat gambit did nothing to illuminate a massive legal crisis affecting some 30 million of America's burgeoning class of contingent workers, who comprise nearly one-third of the U.S. workforce. Lacking union protection and political clout, these temporary, leased and "contract" workers are slipping through widening cracks in U.S. labor laws. Downsizing |
| Contingent and Alternative Work Arrangements, Defined By Anne E. Polivka contingent workers have no explicit or implicit contract for a long-term employment arrangement; depending on how measured, there were as many as 6 million contingent workers in February 1995 Has the era of lifetime jobs in the United States vanished and, in its stead, a "just-in-time" age of "disposable" workers appeared? Even though the majority of studies have found no change in workers' overall job tenure, reports of corporate downsizing, production streamlining, and increasing use of temporary workers have caused many to question employer's commitment to long term, stable employment relationships. Theirs also is a growing sense that employers, in their attempts to reduce costs, have increased their use of employment in-temporaries such as temporary help services and contract companies and are relying more on alternative staffing arrangements such as on-call workers and independent contractors. ContingentWorkersDefined |
| Protecting the Contingent Work Force: Lessons From The Women's ?Garment Industry By Max Zimmy & Brent Garren The spread of "contingent" work throughout the economy, including sub-contracting, licensing, franchising and leasing employees, has seriously undercut labor standards and the right to organize. Contingent workers have their terms and conditions of employment controlled by an entity which is not their direct employer and which frequently escapes responsibility for these conditions under current labor law. NationalEmplyomentLawProject |
| Day Labor Fairness and Protection Act Day laborers are frequently unpaid, required to perform hazardous work and confront a higher incidence of workplace injuries and fatalities. The Day Labor Fairness and Protection Act would address the particular vulnerability of day laborers, to guard against the diminishment of all workers' rights, and to ensure that bad employers do not have a competitive advantage. NationalDayLaborOrganizingNetwork |
| Day Labor in New Your: Findings from the NYDL Survey April 11, 2003 By Abel Velenzuela Jr. & Edwin Melendez This report examines data from the New York Day Labor Survey (NYDLS). It presents descriptive data on a host of indicators that allow us to empirically assess day laborers and their work in the greater New York metropolitan area. For this study, we define a day laborer or jornalero as someone who gathers at a street corner, empty lot or parking lot of a home improvement store (e.g., Home Depot), or an official hiring site, to sell their labor for the day, hour, or for a particular job. The data presented are preliminary only in the sense that they have not been previously analyzed and comprise only one part of a larger research project on day labor. In addition, most of the findings are purposefully presented descriptively in this report. The primary objective of this report is to present original findings about a highly visible yet relatively unknown labor marker in New York. NationalEmploymentLawProject |
| Contingent Workers and Coverage Under the Fair Labor Standards Act September 16, 1999 By Catherine K. Ruskelshaus National Employment Law Project United States industries and business owners are fashioning newer and more complex business arrangements in order to compete in the global economy, where increased movement of capital and labor across borders brings new pressure on U.S. businesses to survive at any cost. Tactics such as subcontracting, out-sourcing, using temporary and other staffing firms, and other forms of reconfiguring their workforce have allowed some firms to enjoy short-term competitive advantages. Examples abound. The recent strike by the United Parcel Service (UPS) workers around their treatment as "permanent" temporary employees, the landmark case brought by the misclassified "independent contractor" computer programmers at Microsoft, and the walk-out and strike at Bell Atlantic and General Motors where the companies out-sourced to non-union subsidiaries and threatened to contract-out the work at the strike-bound parts plants, respectively, are but four high-profile examples. Other examples, while receiving less media attention, are no less compelling in the stories they evoke, and include chicken catchers working for a national chicken processing company on the Eastern shore of Maryland that claims the workers are not its employees home care workers employed by large state and local-funded agencies across the country that fail to pay the workers overtime, and so-called "independent contractor" taxi drivers working for fleet owners in New York City for less than the minimum wage. National Employment Law Project |
| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |