James Brudney was quoted in a Bloomberg Law article about U.S. labor law.
James Brudney, a Fordham University law professor and expert on international labor law, told Bloomberg BNA.
The length of the Guatemala labor dispute presents a problem, according to Brudney. Data that are collected after a proceeding begins can be rejected as evidence by a panel. But with a drawn-out proceeding, using data that are half-a-decade old makes proving recurring failure of labor law enforcement difficult. Brudney said arbitration timelines or the ability for private parties and workers groups to pursue claims, like in investor-state dispute settlement cases, would speed up future labor cases.
‘‘Investors in investor-state disputes typically don’t have to wait nine years to get resolutions,’’ Brudney said. The Department of Labor has issued reports or held consultations with six other governments regarding labor violations in free trade agreements, but to date Guatemala is the only country with which the U.S. pursued dispute on labor violations.
