Common Law Definition of Employment:What is the difference between an employee and an independent contractor? Both do work for pay; I do a job, and you pay me for it. It's not complicated — until government gets involved. Formal employees require paperwork, legal and regulatory compliance, and...

Information disclosure is a common regulatory tool designed to influence business behavior. A belief is that transparency can provoke learning and also positive institutional change by empowering private watchdogs to monitor and pressure business leaders to alter harmful behavior. Beginning in...

Conflicts and disputes in the workplace have often been based on individual identities shared with others in a group, creating identity-based conflicts with employees between each other, and with management. The organization of such conflicts on a group basis often entrenches positions, and...

A reasonable starting point for improving the situation of vulnerable employees is improving compliance with the Employment Standards Act. This submission deals specifically with the question of how to do that through a set of relatively modest legal reforms. The proposed reforms would, firstly,...

The legitimacy of union salting campaigns has been debated frequently and bitterly over the last several years. Salts, the agents of these campaigns, are professional union organizers who apply for, and sometimes obtain – often surreptitiously – employment with non-union employers in...

As the passage of Title VII approaches its fiftieth anniversary, this Article explores what may be thought of as the unlikely impact of the National Labor Relations Board (NLRB or Board) on anti-discrimination law principles used to protect employees. How an agency charged with enforcing labor...

In this Article, the authors explore – through a survey of collective agreements, case law, unions’ constitutions and websites – how trade unions in Canada and Israel balance and effectively support the interests of older and young workers. While unions in both countries promote age...

Newly certified unions often experience difficulty negotiating a first agreement. To remedy this, the Employee Free Choice Act (EFCA) proposes that the National Labor Relations Act (NLRA) provide for first contract arbitration. Using a panel of Canadian jurisdictions that have introduced FCA...