On March 25, 2010, the School of Labor Relations and Human Resources of the China University of Labor Relations (CULR) invited Professor Cynthia Estlund from the New York University School of Law to give an academic report titled "The Evolution of U.S. Labor Law and the Formation of Institutionalized and Non-institutionalized Regulations in the Workplace". Professor Estlund received his Doctor of Jurisprudence from Yale Law School and has served as a professor at Columbia Law School, Deputy Director of Research, and editor of the top law journal Yale Law Journal. Professor Estlund's recent works include "Regoverning the Workplace" (Yale University Press, 2010) and several articles in leading international law journals. Some teachers and students from the CULR listened to this lecture. Director Qiao Jian from the School of Labor Relations and Human Resources chaired the lecture.
Professor Estlund explained that the laws involving American workplaces mainly fall into two categories: labor law and employment law. Labor law focuses on regulating collective labor relations, such as governing union behavior. Employment law focuses on regulating individual labor relations, such as setting minimum wages and maximum working hours. The report by Estlund was closely related to these two laws, covering three issues: the increasing rigidity of labor law leading to operational obstacles; the more flexible, efficient, and dynamic nature of employment law; and workers starting to use employment law to protect their collective rights. Estlund also analyzed four reasons for the increasing rigidity of US labor law, such as congressional gridlock, broad federal preemption, lack of individual enforcement rights in labor law, and prohibition of employers using alternative forms of labor representation.
After the report, Professor Estlund had discussions with the students and faculty present.
(School of Labor Relations and Human Resources)