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Some 10 million migrant workers cross national borders each year. This book examines the businesses that move low-skilled workers, explaining recruitment, remuneration and retention, and showing how national borders increase recruitment costs. Tackling the often murky world of labor migration, it fills an important void in this fast-growing field.
In response to a congressional request, GAO reviewed the: (1) wage and nonwage protection that the Department of Labor's (DOL) regulations afford U.S. farmworkers under the H-2A Program, which allows for the admission of foreign agricultural workers; and (2) quality of the Department of Agriculture (USDA) surveys DOL used to set minimum wages and to certify a shortage of U.S. workers. GAO found that: (1) USDA never measured the precision of the annual hourly wage rate estimates that DOL used to set statewide minimum wages; (2) there may be unacceptably large error margins for at least three regions of the country; (3) the USDA surveys measured a general farm wage that was lower than the average U.S. wage for workers employed in the same crop activities as H-2A workers; and (4) the technical quality of the 15 wage surveys conducted during 1987 varied because of the inconsistent counting of undocumented workers, low response rates, unsystematically compiled employer lists, analytical miscalculations, inadequate survey quality indicators, poor interview schedule quality, and inadequate monitoring. GAO also found that: (1) since DOL determined the prevailing wage only with regard to the most common unit of payment, differing payment units could result in inaccuracies; (2) wage minimums based solely on prevailing wages would not grant relevant protections because the presence of foreign workers would depress the prevailing wages; (3) DOL set an adverse-effect wage rate as a minimum wage to offset wage depression and generally indexed it to a large-scale wage survey; and (4) because the legislative mandate was so broad, DOL could interpret adverse effect in several ways. In addition, GAO found that: (1) DOL practices provided weak protection for U.S. workers; (2) some growers preferred foreign workers because they could recruit more selectively; (3) DOL referred few U.S. workers at the wages and working conditions offered; and (4) government welfare and unemployment benefits were not a critical factor, since the potentially employable among those collecting the benefits constituted only a small part of the needed labor force.
Known as “The Salad Bowl of the World,” California’s Salinas Valley became an agricultural empire due to the toil of diverse farmworkers, including Latinos. A sweeping critical history of how Mexican Americans and Mexican immigrants organized for their rights in the decades leading up to the seminal strikes led by Cesar Chavez, this important work also looks closely at how different groups of Mexicans—U.S. born, bracero, and undocumented—confronted and interacted with one another during this period. An incisive study of labor, migration, race, gender, citizenship, and class, Lori Flores’s first book offers crucial insights for today’s ever-growing U.S. Latino demographic, the farmworker rights movement, and future immigration policy.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.