But They Said Their Payroll Program Complied with the FLSA.…?

2002 ◽  
Vol 31 (1) ◽  
pp. 79-93
Author(s):  
Brian P. Walter
Keyword(s):  
Public Sector ◽  
The Public ◽  
The Common ◽  
The Law

This article examines FLSA compliance problems faced by public employers in selecting a computer payroll system. The article provides an overview of the FLSA and how it has come to be applied to the public sector. The common FLSA deficiencies of payroll programs for public sector employers are discussed with an explanation of the law. The article offers guidance to public employers on steps to ensure that their payroll system is designed and implemented in compliance with the FLSA.

Causes, Scope and Features of Disputes in Budgetary Sphere

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  
Keyword(s):  
Public Sector ◽  
Goal Setting ◽  
Management Decision ◽  
Public Interests ◽  
The Public ◽  
Legal Relationship ◽  
Setting Mechanism ◽  
The Law ◽  
Judicial Protection ◽  
Ruling Party

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.

The Relationship between Disability Non-Discrimination Law and Quota Schemes

2019 ◽  
pp. 94-117
Author(s):  
Lisa Waddington
Keyword(s):  
Public Sector ◽  
Common Law ◽  
Civil Law ◽  
People With Disabilities ◽  
Public And Private ◽  
The Public ◽  
The Common ◽  
Public And Private Sector ◽  
The Relationship

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.

Between government unilateralism and corporatist bargaining: public sector pension reforms in the UK and Ireland, 2000s–2010s

2019 ◽  
Vol 20 (2) ◽  
pp. 107-124
Author(s):  
Sung Ho Park
Keyword(s):  
Public Sector ◽  
Welfare Reform ◽  
Ad Hoc ◽  
Welfare States ◽  
Reform Process ◽  
Pension Reforms ◽  
The Public ◽  
Public Sector Unions ◽  
The Common ◽  
The Uk

AbstractStudies on welfare reform in advanced European countries have identified two established paths to welfare retrenchment: government unilateralism and corporatist bargaining. This study explores a more complicated path to welfare reform, wherein governments pursue ‘non-corporatist’ bargaining by actively combining features of unilateralism and negotiation. Such a hybrid case is explained by employing an ‘insider-outsider’ framework for public policy reform. The key argument is that the presence of exclusive insiders complicates the reform process, disqualifying both unilateralism and corporatist bargaining as feasible options for benefit cuts. The author demonstrates the validity of this claim by examining three cases of public sector pension retrenchment in the UK and Ireland during the 2000s and 2010s. Defying the common expectation that benefit cuts in residual welfare states would be promoted with government unilateralism, the public sector pension reforms in the UK and Ireland exhibited more complicated features which combined governments' unilateral initiatives andad hocnegotiations with public sector unions. Future studies may build on this finding to examine hybrid reform cases in a general European context.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

scholarly journals Experience of Postsocialist Transformation in the Slovak Republic

2020 ◽  
pp. 172-189
Author(s):  
I. Tkachenko
Keyword(s):  
Public Sector ◽  
Slovak Republic ◽  
Free Market ◽  
Negative Consequences ◽  
The Public ◽  
Western Model ◽  
Communist Ideology ◽  
Market Relation ◽  
The Common

In the article the experience of post-socialist transformation in the Slovak Republic after the Velvet Revolution and gaining of independence after the collapse of Czechoslovakia in 1993 was examined. The process of reforming of the society and state, the transition from the communist to the western model of economy, the role of public sector on the path to EU and NATO accession were investigated. It was defined that the reforming of authorities, society and the state, which had already begun in the common state of Czechs and Slovaks under the leadership of V. Havel in 1990-1992, had a great value for the formation of independent Slovakia, because, despite some differences, the European destination became a key point which determined the process of accelerated modernization and the transition from planned socialism to a free market relation. It was determined that the «peaceful divorce» with Czech Republic had become one of the most important steps on the way for successful European integration of Slovakia. The key role of civil society in the transforming of Slovak state and overcoming the negative consequences of the dominance of communist ideology on the path of European and Euro Atlantic integration was represented. The public sector has become a driving force that guided Slovak society towards accelerated modernization in 1998-2006. It was shown the process of struggle of the European choice supporters with pro-Russian policy of V. Meciar, whose period should be generally considered as a «Slovak kuchmism». The final victory of pro-European forces in the 1998 elections led to the acceleration of modernization processes in Slovakia, implementation of required changes in society and state managing necessary for EU and NATO accession.

Crisis as change strategy in public organizations

2008 ◽  
Vol 74 (1) ◽  
pp. 65-77 ◽  
Author(s):  
Claude Rochet ◽  
Olivier Keramidas ◽  
Lugdivine Bout
Keyword(s):  
Organizational Change ◽  
Performance Evaluation ◽  
Public Sector ◽  
Case Studies ◽  
Public Organizations ◽  
Change Strategies ◽  
Change Strategy ◽  
The Public ◽  
The Common ◽  
Common Vision

According to the common vision, the public sector is strongly change-resistant. Is this justified? In this research, we adopt the Northian distinction between institutions and organizations by focusing on the latter and their capability for change. We try to identify the strategically most effective lever to operate an organizational change in the public sector. We first review the literature on change strategies and their setting in the context of public organizations. Then, we synthesize the conclusions of four case studies around a question: `Is building public organizations capable of co-evolution with their environment feasible?' We will present some strategies of evolution for public organizations, in response to a state of crisis, constituting a vector of organizational change. We conclude on the interest of considering crisis as a vector of organizational change in public organizations. Points for practitioners The public sector is commonly said to be change-resistant. Through case studies we prove this opinion to be false and that change aptitudes are identical to other organizations. We emphasize crises that provide particular opportunities that allow us to offset the absence of performance evaluation and the lack of feedback from the market, and we underline possible change strategies.

Interdicting Vessels to Enforce the Common Interest: Maritime Countermeasures and the use of Force

2007 ◽  
Vol 56 (1) ◽  
pp. 69-82 ◽  
Author(s):  
Douglas Guilfoyle
Keyword(s):  
Use Of Force ◽  
Common Interest ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
The Public ◽  
Illegal Fishing ◽  
The Common ◽  
The Law ◽  
High Seas

AbstractCan the law of countermeasures be used to police the high seas? The freedom of the high seas is guaranteed by the immunity of a State's flag vessels from interference by the public vessels of other States, subject to limited exceptions. However, this rule of non-interference may shield those engaged in unregulated or illegal fishing or transporting weapons of mass destruction and their precursors. This article argues that while such conduct may breach obligations protecting the common interest, unilaterally boarding and arresting a vessel involved would constitute an illegal use of force and cannot be justified as a countermeasure.

The ADA: Public Personnel Management, Reasonable Accommodation and Undue Hardship

1992 ◽  
Vol 21 (4) ◽  
pp. 411-427
Author(s):  
Paul S. Greenlaw ◽  
John P. Kohl
Keyword(s):  
Public Sector ◽  
Personnel Management ◽  
Americans With Disabilities Act ◽  
Reasonable Accommodation ◽  
The Public ◽  
Key Concepts ◽  
The Law ◽  
Management Functions ◽  
The Impact

The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.

scholarly journals Estudio relativo a los principios de la potestad sancionadora y a la tramitación del nuevo procedimiento sancionador común, a la vista de su regulación en las leyes 39/2015 y 40/2015 y de la jurisprudencia reciente

2018 ◽  
pp. 315-357
Author(s):  
Sonia GAVIEIRO GONZÁLEZ
Keyword(s):  
Public Sector ◽  
Critical Analysis ◽  
Point Of View ◽  
Optimal Time ◽  
Legal Regime ◽  
The Public ◽  
Administrative Procedure ◽  
The Subject ◽  
The Common ◽  
One Year

LABURPENA: Administrazio Publikoen Administrazio-prozedura Erkidearen 39/2015 eta Sektore Publikoaren Araubide Juridikoaren 40/2015 Legeak duela urte bat baino gehiago indarrean sartu dira. Ondorioz, Administrazio Publikoen lankidegoak bi arau horiek praktikara eramateko aukera izan du eta, horregatik, badirudi momentu egokia heldu dela analisi kritikoa egiteko. Hain zuzen, lan honen helburua zehapen-prozedura da (printzipioak, izapideak, …); baina, bereziki, balizko aldaketak, prozeduraren lege berri horiek indarrean sartu eta gero. Halaber, saiatuko gara ikuspuntu kritikoak eta irteera posibleak ematen, oraindik aplikagarriak diren epai-erabakiak behin aztertuta. RESUMEN: Tras haber transcurrido más de un año desde la entrada en vigor de las Leyes 39/2015 de Procedimiento Administrativo Común de las Administraciones Públicas y 40/2015 de Régimen Jurídico del Sector Público, el personal de las Administraciones Públicas hemos tenido ocasión de poner en aplicación ambas normas y, por ello, parece que ha llegado un momento óptimo para realizar un análisis crítico. En concreto, es objeto de este trabajo el procedimiento sancionador (principios, trámites,…), destacando posibles cambios tras la entrada en vigor de estas nuevas leyes de procedimiento, pero intentando aportar un punto de vista crítico y posibles soluciones a la vista de pronunciamientos jurisprudenciales que siguen resultando aplicables. ABSTRACT: After more than one year after the entry into force of the Laws 39/2015 of the common administrative procedure of the Public Administrations and 40/2015 of legal regime of the public sector, the personnel of the Public Administrations have had opportunity to implement both standards and, therefore, it seems that there has been an optimal time to conduct a critical analysis. In particular, the sanctioning procedure (principles, processes,...) is the subject of this work and, specially, we want to analyze possible changes after the entry into force of these new procedural laws, but trying to provide a critical point of view and possible solutions in sight of jurisprudential pronouncements that continue to be applicable.

Knowledge Management Initiatives in Indian Public Sector

2014 ◽  
pp. 53-89 ◽  
Author(s):  
Neeta Baporikar
Keyword(s):  
Knowledge Management ◽  
Public Sector ◽  
Competitive Advantage ◽  
Continuous Process ◽  
The Public ◽  
Km Strategy ◽  
Public Sector Organizations ◽  
The World ◽  
The Common ◽  
The Impact

Today, knowledge management has come to be accepted and recognized as a source of competitive advantage in the private sector. Although Knowledge Management (KM) has been gaining attention all over the world, KM as a discipline is still in its infancy, and adoption of KM is still at its nascent stage when it comes to the Public Sector. It is vital for any organization to understand the concept of KM so as to align its KM strategy with the organization’s strategy. This is all the more important when it is the Public Sector because the impact of Public Sector organizations directly affects the common man. Knowledge creation, generation, and application are a continuous process. Without thorough understanding and awareness of KM, the Public Sector may not be able to reap true and full benefits. This chapter aims to bring a comprehensive understanding of KM application to the Public Sector and through cases recognizes the initiatives of KM in the Indian Public Sector.

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