The Case for a Four-Day Week
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The Effects of Shift Work on the Lives of Employees
The effects of shift work on the lives of employees About 1 in 6 employees works other than regular days schedules, but data are scarce on how workers are affected; incomes may rise, but family routine, social life, and health often suffer PETER FINN At least 10 million Americans are regularly engaged in on-the-job safety. However, shift work provides unique shift work. According to data from the Current Popula- benefits for many employees as well as proving advanta- tion Survey,' which almost surely underestimates the geous in many ways for industry and for society at prevalence of shift work,' nearly one worker in six was large. It is important for government policymakers, employed full time in 1978 during hours that differ business leaders, and shift workers themselves to be- from typical daytime schedules. There were 4.9 million come familiar with the major effects that working eve- nonfarm wage and salary workers on the evening shift, nings and nights may have on employees and their 2.1 million on the night shift, and 2.8 million on miscel- families, in order to consider ways to modify the fea- laneous shifts. tures that are deleterious, while retaining or enhancing The term "shift work" means different things to dif- those that are beneficial. This study summarizes what is ferent people. Shift work is popularly regarded as work currently known about these effects, with principal at- in which employees "shift" schedules on some regular tention focused on the harmful consequences that call basis from daytime to evening or nighttime. Many re- for amelioration . -
Off-The-Clock Claims from the Employee's Perspective
Off-The-Clock Claims From The Employee’s Perspective Adam Klein and Sean Farhang I. Defining Compensable Work A. What Time is Compensable? B. Statutory Exclusions 1. Preliminary and Postliminary Work 2. Changing Clothes and Washing II. Ascertaining Compensable Work Time In Practice A. Travel Time B. Preparatory & Concluding Activities: Clothes, Equipment, & Animal Care C. Meal/Rest Breaks D. Training, Lectures, Etc. E. On-Call Time F. De Minimis Time III. Suffer Or Permit Standard Applied To Off-The-Clock Claims IV. Record-Keeping Duties Applied To Off-The-Clock Claims A. Basic Record Keeping Duties On Employer B. Consequences Of Record Keeping Violation In Off-The-Clock Case V. Collective Actions A. Notice B. Similarly Situated Standard Applied In Off-The-Clock Claims 1. Two-Stage Approach 2. Lenient Standard For Ordering Notice In Off-The-Clock Claims In Stage One 3. A Significant Number Of Opt-Ins Weighs In Favor Of Ordering Notice 4. Where Plaintiffs’ Evidence Does Not Warrant Notice Of The Scope Sought, Courts Nevertheless Frequently Order Notice Of An Appropriate Scope 5. Stage-Two: Close of Discovery VI. Off-The-Clock Class Actions Under State Law A. Availability Of The Class Device As Opposed To Collective Action B. Possible Advantages Under State Labor Laws In Off-The-Clock Claims C. Concurrent FLSA Collective Actions And State Class Actions 1 Introduction In this paper we discuss legal issues relevant to off-the-clock wage and hour claims. By “off-the-clock” claims we refer to claims alleging that the defendant failed to pay an employee for work time which was compensable under relevant wage and hour law. -
Redalyc.Scientific Production About Night Shift Work in Nursing: a Review
Revista de Pesquisa Cuidado é Fundamental Online E-ISSN: 2175-5361 [email protected] Universidade Federal do Estado do Rio de Janeiro Brasil Silveira, Marlusse; Camponogara, Silviamar; Colomé Beck, Carmem Lúcia Scientific production about night shift work in nursing: a review of literature Revista de Pesquisa Cuidado é Fundamental Online, vol. 8, núm. 1, enero-marzo, 2016, pp. 3679-3690 Universidade Federal do Estado do Rio de Janeiro Rio de Janeiro, Brasil Available in: http://www.redalyc.org/articulo.oa?id=505754103029 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative ISSN 2175-5361 DOI: 10.9789/2175-5361.2016.v8i1.3679-3690 Silveira M, Camponogara S, Beck CLC. Scientific production about … As produções científicas sobre o trabalho noturno na enfermagem: uma revisão de literatura Scientific production about night shift work in nursing: a review of literature La producción científica acerca del trabajo nocturno en enfermeria: una revisión de literatura Marlusse Silveira 1, Silviamar Camponogara 2, Carmem Lúcia Colomé Beck 3 Objective: recognizing the scientific productions that approach night shift work carried out by the nursing staff in hospitals. Method: this is a bibliographic, narrative, exploratory and descriptive research. The search was developed in the Virtual Health Library, from July to August 2012. Results: studies point to the fact that most workers are married women with spouses and/or children, who have to do housework and deal with their profession, in one or two jobs. -
Discrimination Law in France
Discrimination Law in France Discrimination Law In France Pascal Lokiec University Paris XIII The principle of non discrimination is a core aspect of French labour law. The sources of discrimination law are diverse. The first is constituted of EC law, that has largely determined the French law of discrimination. The second comes from the French constitution. The principle of non discrimination has constitutional value, by virtue of the Preamble to the Constitution of 1946 that prohibits discrimination with regard to criteria of sex, race, belief and trade union activity, and of the current Constitution (1958) that contains a provision according to which "the nation ensures equality before the law of all citizens, whatever their ethnic origin, race or religion (article 2). Moving from the Constitution to statute law, the labour code contains several provisions on discrimination, especially a provision that lists all grounds of prohibited discrimination: article L 122-45. Two preliminary remarks are necessary. First, French labour law has largely been influenced by EC law relative to discrimination, and the case law of the European Court of Justice is at least as important as that of the Cour de cassation to understand the law of discrimination applicable in France. Second, although discrimination law has considerably increased in importance in French law, due to the influence of the European Union, French labour law is not built around discrimination law. And the focus on discrimination is regularly criticised in the name of workers protections. For instance, an attempt has been made to see harassment as an issue of sex discrimination, which would certainly have weakened the law of harassment, especially the possibility to rule against psychological harassment which is not at first a problem of discrimination. -
Labour Market Reforms and Collective Bargaining in France
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Nikolka, Till; Poutvaara, Panu Article Labour Market Reforms and Collective Bargaining in France ifo DICE Report Provided in Cooperation with: Ifo Institute – Leibniz Institute for Economic Research at the University of Munich Suggested Citation: Nikolka, Till; Poutvaara, Panu (2019) : Labour Market Reforms and Collective Bargaining in France, ifo DICE Report, ISSN 2511-7823, ifo Institut – Leibniz-Institut für Wirtschaftsforschung an der Universität München, München, Vol. 16, Iss. 4, pp. 44-49 This Version is available at: http://hdl.handle.net/10419/199048 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu REFORM MODEL REFORM MODEL Till Nikolka and Panu Poutvaara lenges facing the French economy. -
“Loi Travail: the Article 2 and the Reversal of the Hierarchy of Norms in the French Labour Market”
Master Degree Program - Second Cycle (D.M 270/2004) - In International Management Corso di Laurea Magistrale in Economia e Gestione delle Aziende Final Thesis “Loi Travail: the Article 2 and the Reversal of the Hierarchy of Norms in the French Labour Market” Supervisor Professor Gaetano Zilio Grandi Co-Supervisor Professor Giuliano Zanchi Graduand Giulia Tonelli Matricolation Number 855458 Academic Year 2015/2016 1 In Memory of my Grandfather.. 2 Table of contents Introduction .…………………….……………………………………………………………………………............4 Chapter 1: A controversial French Labour Reform……………………………………………….6 1.1 Criticism and Manifestation…………………………………………………………………………………..6 1.2 Art 49, 3 of the French Constitution……………………………………………………………………..12 1.3 The fight against the French unemployment…………………………………………………….….21 1.4 The Draft Law …………………………………………………………………………………………………....26 1.5 Jobs Act and Loi Travail: a difficult comparison……………………………………………………32 Chapter 2: The development of the Collective Bargaining in France…………………….34 2.1 A brief overview………………………………………………………………………………………………....34 2.2 A constant evolution of the CBA in the French reforms ………………………………………..39 2.3 The role played by Jurisprudence and State………………………………………………………….48 2.4 Bilan 2015: An analysis of the results …………………………………………………………………..52 2.5 An economic approach to the Collective Bargaining……………………………………………..57 2.6 An European view……………………………………………………………………………………………….59 Chapter 3: The ex-Art.2 and the Reversal of the “Hierarchy of Norms”……………..…64 3.1 The Hierarchy of Standards…………………………………………………………………………………66 -
Health & Safety Guidelines for Shift Work & Extended
id23972500 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com HEALTH & SAFETY GUIDELINES FOR SHIFT WORK & EXTENDED WORKING HOURS CONTENTS 1. INTRODUCTION 1 2. PURPOSE 2 3. SCOPE 2 4. LEGAL OBLIGATIONS 3 5.DEFINITION 3 6. WHO WORKS SHIFT WORK AND EXTENDED WORKING HOURS? 4 7. WHY ARE SHIFT WORK AND EXTENDED HOURS HAZARDOUS? 5 The circadian clock 6 Sleep difficulties 6 Sleep debt 7 Fatigue 7 Night work 8 Disrupted eating patterns 8 Stress 8 Increased use of alcohol and other drugs 8 Exposure to other OHS hazards 9 Medical problems 9 Effects on women 10 Older employees 10 Cumulative effects 10 8. OVERCOMING THE HAZARDS OF SHIFT WORK AND EXTENDED WORKING HOURS 11 STEP ONE: A SAFE PROCEDURE 11 Consultation 11 Expert advice 12 Information provision 12 Monitoring and evaluation 12 Health assessments of employees 13 STEP TWO IDENTIFYING THE HAZARDS 14 STEP THREE FACTORS TO CONSIDER IN ASSESSING THE RISKS 14 Workload 14 Needs of employees 15 STEP FOUR MEASURES TO CONTROL THE RISKS Hierarchy of controls 15 Length of shifts and working hours 15 Split or broken shifts 16 Overtime 16 Night work 16 Extended and 12 hour shifts 17 Breaks during shifts 17 Breaks between shifts 18 Rest days 18 Timing of shifts 19 Rotating shifts 19 Roster pattern and length of cycle 19 Standby and on-call duties 19 Exchange of shifts 19 Exposure to other OHS hazards 20 Isolated work 20 Hand-over 20 Travel 20 Safety and security 21 Communication 21 Representation 21 Information and Training 21 First aid 21 Heating and cooling 22 Facilities 21 Child care 22 Home modification 22 9. -
The Effects of Shift Work on Health
The effects of shift work on health www.iosh.co.uk/shiftworkhealth Research summary Our research and development programme IOSH, the Chartered body for safety and health professionals, is committed to evidence-based practice in workplace safety and health. We maintain a Research and Development Fund to support research, lead debate and inspire innovation as part of our work as a thought leader in safety and health. In this document, you’ll find a summary of the independent study we commissioned from researchers at the International University of Monaco, Toulouse University, University of Swansea and Simon Folkard Associates Ltd, ‘Longitudinal study of the effects of shift work on health. Analyses of VISAT (ageing, health and work) data’. www.iosh.co.uk/getfunding The opinions expressed in this report are not Permission to reproduce any part of this work will necessarily endorsed by the Institution of not be withheld unreasonably, on condition that full Occupational Safety and Health. attribution is given to the publication and to IOSH. The effects of shift work on health What’s the problem? We commissioned Dr David Ansiau from the International Recent studies have tended to agree that shift work has an University of Monaco, Dr Jean-Claude Marquié from the effect on the risk of injury. They show that working night Université de Toulouse Le Mirail, Dr Philip Tucker of the shifts has about a 25–30 per cent higher risk of injury than University of Swansea and Dr Simon Folkard of Simon working day shifts. They also show that working on 12-hour Folkard Associates Ltd to look into these issues. -
The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Papers in Economics THE EVOLUTION OF LABOUR LAW: CALIBRATING AND COMPARING REGULATORY REGIMES Centre for Business Research, University of Cambridge Working Paper No. 352 by Simon Deakin Centre for Business Research University of Cambridge Judge Business School Building Trumpington Street Cambridge CB2 1AG [email protected] Priya Lele Ashursts 5 Broadwalk House Appold Street UK London EC2A 2HA [email protected] Mathias Siems School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL [email protected] September 2007 This Working Paper forms part of the CBR Research Programme on Corporate Governance Abstract We present evidence on the evolution of labour law in five countries (the UK, USA, Germany, France and India) using a newly-created dataset which measures legal change over time. The results cast light on the claim that legal origin, or the influence of common law and civil law regulatory styles, affects the content of labour law regimes. We find some divergence between common law and civil law countries at the aggregate level but a more complex picture when the index is decomposed so as to identify changes in specific areas of labour law. We discuss the potential significance of this relatively new approach to the measurement of law for understanding the forces at work in the evolution of labour law. JEL Codes: J53, K31 Keywords: labour law, legal origin Acknowledgements The work reported here was carried out at the Centre for Business Research, University of Cambridge, and supported by a grant from the Economic and Social Research Council’s World Finance and Economy Programme. -
Individual Dismissal
Individual Dismissal India VITTE Oualid EL FAGROUCHI François SAID Géraldine PILARD-MURRAY EWL 2018 EWL 2018 – French Report Table of contents I. Introductory statements p. 4 1) The definition of “dismissal” p. 4 2) The grounds of dismissals p. 4 II. Factors for allowing dismissals p. 7 III. Sources of law regarding dismissals p. 7 IV. Criteria for allowing dismissals p. 10 1) The need of a lawful reason for dismissal p. 10 a) Criterion allowing the dismissal p. 10 b) Disciplinary and non-disciplinary reasons p. 10 c) Unlawful reasons p. 12 2) Dismissal, a management tool? P. 13 V. Formal and procedural requirements p. 15 1) The letter of invitation to a preliminary interview p. 15 2) Preliminary interview p. 15 3) The dismissal letter p. 16 4) Notice period p. 17 5) Consequence of a breach of procedure p. 17 VI. The role of the labour authority, workers’ representatives, and/or collective agreements in dismissal p. 18 Page | 2 EWL 2018 – French Report VII. Judicial control of dismissal p. 19 1) Control of the preliminary interview p. 19 2) Control of the letter of dismissal p. 19 3) Control of the real and serious motive p. 20 4) Matter of the control p. 20 5) Admissibility of the remedy p. 21 6) Control exercised on the employee’s evidence p. 21 7) Investigative measures p. 22 VIII. The consequences and effects of a lawful and unlawful p. 23 dismissal 1) The amount of compensation p. 23 2) The enforcement of the sentence p. 24 3) Error of qualification p. -
Overtime Gap Time Under the Fair Labor Standards Act
Bridging the Gap: Overtime Gap Time under the Fair Labor Standards Act Hannah Schoeb* I. INTRODUCTION Imagine a hardworking employee, Ernst. Ernst is hired to complete low skill, hard labor at a slaughterhouse for twelve dollars per hour. He speaks little English, is not well known to his employer, and is far from indispensable. Each day, Ernst arrives thirty minutes before his assigned shift to set up his work station, works through lunch, and, because the slaughterhouse expects him to complete significant post-shift duties, leaves work thirty minutes after clocking out. The slaughterhouse automatically deducts a full lunch hour from Ernst’s recorded hours every day without regard to whether he ate lunch. Because Ernst receives no compensation for the time he spends working through lunch, nor for his pre-shift and post-shift work, the slaughterhouse fails to compensate Ernst for ten work hours per week.1 Thus, though Ernst typically works a forty- five hour week, he only receives compensation for thirty-five hours. How can Ernst redress this mistake? As a practical matter, he cannot sue his employer in contract, because he cannot afford to anger his employer and risk his livelihood. The United States Department of Labor exists to protect employees from such exploitation, and ordinarily might independently step in to investigate without requiring Ernst to initiate legal action. * Thank you to Kim Flores, Alice Jacks, and all the attorneys at the Kansas City United States Department of Labor, Office of the Solicitor, for allowing me to work with you and learn from you. Thank you Kurt and Mindy Schoeb and Shelby Politte for your unwavering love and support. -
Hours of Work, Workweek, Workday, Shifts, Overtime, Pay Premiums
CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA Subject: Memo No. 11 Hours of Work, Workweek, Workday, Shifts, Total Pages: 10 Overtime, Pay Premiums Date: March 1, 2020 Approved by: Julia McCallin, Associate Vice President and Chief Human Resources Officer (This supersedes Memo No. 11, dated December 2, 2014) 1.0 POLICY It is the policy of the Institute to comply with Federal and State laws regarding hours of work, payment of wages, workweek, workday, shifts, overtime and pay premiums. 2.0 DEFINITIONS 2.1 Workday/Workweek a. Standard Workweek Standard Workweek is 40 hours consisting of five (5) straight eight-hour workdays, Monday through Friday with the same scheduled start and end times in the same payroll workweek. b. Payroll Workweek Payroll Workweek is a seven consecutive day period which begins at 12:01 a.m. Monday and ends at midnight on the following Sunday. c. Standard Payroll Workday Standard Payroll Workday begins at 12:01 a.m. and ends at 12 midnight. 2.2 Nonstandard Workweek Nonstandard Workweek is any other workweek schedule that does not meet the Standard or Alternative Workweek definition. It may include rotating between shifts, working other than Monday through Friday, and/or working more than five (5) days in the same Payroll Workweek. Prior approval by the manager and concurrence by Human Resources is required for a nonstandard workweek. 2.3 Alternative Workweek Schedule (AWS) Various alternative workweek schedules have been implemented on Campus and the 9/80 alternative work schedule has been implemented at JPL. Specific Alternative Workweek schedule policies cover hours of work, workweek, workdays, holidays, and overtime for employees on these schedules.