Sign This Agreement Not to Compete or You're Fired! Noncompete Agreements and the Public Policy Exception to Employment at Will

A California jury recently awarded an employee who was fired for refusing to sign a noncompete agreement $1.2 million in damages for wrongful discharge. Whether employees have a right to refuse to sign unenforceable noncompete agreements is an emerging employment law issue. This article considers whether a wrongful discharge remedy is available in such cases under the public policy exception to the employment-at-will doctrine. State court decisions addressing the question are conflicting. Some courts have allowed employers to discharge employees who refuse to sign a noncompete agreement even if the agreement is unreasonable. Other courts have recognized a claim for damages under the public policy exception. This article explores the issue from policy and managerial perspectives, critically analyzing the policy justifications advanced by the courts in those decisions, and comments on the liability risks to employers and the proper resolution of the issue.     

加入WTO后对我国就业的影响

分析了加入WTO后，对我国就业的积极促进作用，以及近期对一些企业的冲击，带来的就业困难。     

Choices between different off-farm employment sub-categories: An empirical analysis for Jiangxi Province, China

This paper analyzes the relative importance of four sub-categories of off-farm employment, and the factors driving participation of individuals in these sub-categories for three villages in Jiangxi Province. We find that migration is the most important type of off-farm employment, while agricultural wage employment is a minor activity. Migrant remittances are smaller than household incomes earned from self-employment and local non-farm employment. The results of a multinomial probit analysis explaining off-farm participation decisions show that presence of young children in a household restrains participation in migration, while the presence of elderly persons and a higher level of education stimulate migration. Local wage employment and self-employment are not affected by these factors. The gender bias in access to off-farm employment is largest for agricultural employment and local non-agricultural employment. Land scarcity stimulates participation in migration and local non-agricultural employment, while possibilities to rent land out to other farmers stimulate only migration. The paper ends with policy suggestions for promoting off-farm employment within the own region and for altering the criteria for land distribution to rural households.     

Optimal Investment and Consumption With Two Bonds and Transaction Costs1

An agent can invest in a high-yield bond and a low-yield bond, holding either long or short positions in either asset. Any movement of money between these two assets incurs a transaction cost proportional to the size of the transaction. the low-yield bond is liquid in the sense that wealth invested in this bond can be consumed directly without a transaction cost; wealth invested in the high-yield bond can be consumed only by first moving it into the low-yield bond. the problem of optimal consumption and investment on an infinite planning horizon is solved for a class of utility functions larger than the class of power functions.     

新疆少数民族大学生就业难问题分析

新疆少数民族大学生的就业经历了从“统包统分”到“双向选择、自主择业”的转变，大规模的高校扩招、入学时的政策倾斜等一系列原因，使得少数民族大学毕业生就业难的问题越来越突出。造成少数民族大学生就业难既有客观方面的原因，如新疆经济结构发展失衡、扩招速度过快、招生及就业政策上存在问题、学校的专业设置、教学内容和培养目标不够清晰等，又有主观方面的原因，如汉语水平较低、就业观念存在的问题等，这就需要政府、高校以及少数民族大学生从自身出发，采取相应的措施，共同解决这一难题。     

The Distribution of Wealth of Older Self‐Employed Britons

Little is known about the wealth of older self‐employed people, despite growing interest in this labour market group. This paper utilises the British Retirement Survey to fill the gap by providing novel estimates of their lifetime wealth. The findings dispel the idea that the self‐employed live in poverty; indeed, they seem to be a relatively wealthy group, holding a broad spread of assets and subject to moderate lifetime wealth inequality. These findings may help inform modelling of retirement behaviour of this group, as well as pension policy design.     

公民的就业权和劳动合同法的关系浅析——兼评劳动合同法草案

就业权是有关公民生存、发展的重大权利,就业权与劳动合同法有很紧密的关系。劳动合同法应当成为保障公民的就业机会、解决就业问题的有力武器。     

政府促进就业战略研究

促进就业是市场经济国家普遍关注的问题。随着我国市场经济体制的建立,政府促进就业得到了确立和发展。本文旨在对我国市场经济条件下政府促进就业的内涵、作用等问题进行深入研究,提出了新形势下政府促进就业的战略选择。     

Electronic Monitoring to Promote National Security Impacts Workplace Privacy

This paper explores electronic workplace monitoring in light of the USA PATRIOT Act—federal legislation with a national security focus that expands the likelihood of electronic workplace monitoring to assist government investigators. The paper examines federal laws that cover the privacy rights of at-will employees in the context of electronic workplace monitoring, including recent cases that have narrowed employee privacy rights. The paper argues that business justifications for electronic workplace monitoring have been bolstered by national security concerns, resulting in decreased expectations of privacy in the workplace for at-will employees. There are persuasive arguments that employers should exercise restraint in the use of information obtained through electronic monitoring in discipline and discharge decisions related to at-will employees. These arguments in favor of exercising restraint flow from the text of the USA PATRIOT Act and consider the risk of discrimination lawsuits.     

延迟法定退休年龄的必要性分析

我国法定退休年龄偏低,职工缴纳养老保险费的年限偏短,而领取养老保险金年限偏长,一方面,引起赡养率上升,统筹养老保险基金入不敷出;另一方面,随着预期寿命的延长,退休职工人平均寿命将超出10年,个人账户面临长寿者支付风险。因此,延迟法定退休年龄成为改革的必然。借鉴国外做法,结合国情,建议我国应尽快延迟法定退休年龄,实行浮动退休制度。