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000952831 020__ $$a9781631575990$$qe-book
000952831 020__ $$z9781631575983$$qpaperback
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000952831 035__ $$a(OCoLC)967852860
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000952831 050_4 $$aK1705$$b.M433 2017
000952831 0820_ $$a344.01$$223
000952831 1001_ $$aMedici, Elvira,$$eauthor.
000952831 24510 $$aBuyer beware :$$bthe hidden cost of labor in an international merger and acquisition /$$cElvira Medici and Linda J. Spievack.
000952831 250__ $$aFirst edition.
000952831 264_1 $$aNew York, New York (222 East 46th Street, New York, NY 10017) :$$bBusiness Expert Press,$$c2017.
000952831 300__ $$a1 online resource (xii, 76 pages)
000952831 336__ $$atext$$2rdacontent
000952831 337__ $$acomputer$$2rdamedia
000952831 338__ $$aonline resource$$2rdacarrier
000952831 4901_ $$aBusiness law collection,$$x2333-6730
000952831 504__ $$aIncludes bibliographical references (pages 63-73) and index.
000952831 5050_ $$a1. Due diligence: scrutiny of labor law of target countries (Germany and Italy) in relation to U.S. labor laws -- 2. Comparative analysis of the at-will employment concept and doctrine in the United States and related employments laws in Germany and Italy -- 3. Comparative analysis of the U.S. Federal Worker Adjustment and Retraining Notification Act (WARN Act) and the relevant workforce protection laws in Germany and Italy -- 4. Soft due diligence investigation relating to family and medical leave -- 5. Family leave practices -- 6. Target country: Germany, family leave benefits -- 7. Target country: Italy, family leave benefits -- 8. Target country: United States, family leave benefits -- 9. Conclusion: inadequate consideration of EC doctrine and the relevant labor laws in Italy and Germany can lead to a failed merger and acquisition -- Bibliography -- Index.
000952831 506__ $$aAccess limited to authorized users.
000952831 5203_ $$aRecent years have seen a huge growth in European cross-border mergers and acquisitions (M&A), and considerable attention has been given to how such deals arise and are completed. A U.S. investor must understand the basic difference in the principle of individual labor law in the United States and how it compares with the laws of the target country in an M&A. The European Community's Directive calls for a cooperative relationship between employer and employees. Most theoretical emphasis has been placed upon noncultural factors although it is increasingly recognized business performance cannot be separated out from national or regional cultural influence. In the United States, under the employment at-will doctrine, the U.S. private sector employers can dismiss their nonunionized employees at any time for any reason or even no reason at all. Thus, nonunion U.S. private employers do not have to demonstrate "just cause" to terminate an employee without paying severance or providing notice. They just have to make sure that the termination is not for discriminatory (e.g., based on sex, age, race, national origin, religion, or disability) or retaliatory reasons, which are outlawed by federal, state, and sometimes, local statutes. In most European Union (EU) countries and Germany and Italy specifically, employees are presumed to have a basic right to keep their jobs indefinitely. One of the greatest labor cost disparity with the United States is not wages. It is the amount of paid time-off and other perquisites or benefits. Employers in Germany and Italy will find it difficult to discharge employees without incurring substantial liability. Termination without consequence to employer can happen only if the employer has "just cause." What constitutes "just cause" is often specifically defined in the law and nothing less than serious misconduct qualifies. If the employer cannot prove "just cause," it must either provide a lengthy pretermination notice period or pay a very generous severance based on seniority. For high-level, long-term employees, these severance payments can run into six or even seven figures. In addition, back wages often accrue until a ruling is made in the case. The fundamental distinctions between these countries and the United States will not only influence a company's bottom-line profit, but also the success or failure of a merger and acquisition. These systems of corporate governance may come into conflict with American business' perceptions of what constitutes paid labor benefits and the need for "soft due diligence" research at the reacquisition stage. To assure success of the merger or acquisition or both and avoid a point of conflict, the company needs to understand the cultural landscape of the market, the target country's labor laws, investigate the cost of compliance or violation, and the success of the postacquisition phase.
000952831 588__ $$aTitle from PDF title page (viewed on January 14, 2017).
000952831 650_0 $$aLabor laws and legislation$$zUnited States.
000952831 650_0 $$aLabor laws and legislation$$zGermany.
000952831 650_0 $$aLabor laws and legislation$$zItaly.
000952831 650_0 $$aConsolidation and merger of corporations$$xLaw and legislation$$zUnited States.
000952831 650_0 $$aConsolidation and merger of corporations$$xLaw and legislation$$zGermany.
000952831 650_0 $$aConsolidation and merger of corporations$$xLaw and legislation$$zItaly.
000952831 653__ $$aclassification
000952831 653__ $$aemployee rights
000952831 653__ $$aEU directive
000952831 653__ $$aFMLA
000952831 653__ $$agovernment regulations
000952831 653__ $$ainternational labor laws
000952831 653__ $$aistituto nazionale di previdenza social (INPS)
000952831 653__ $$alabor counsel
000952831 653__ $$amaternity leave act
000952831 653__ $$amerger and acquisition
000952831 653__ $$amutterschutzgesetz
000952831 653__ $$aparental leave
000952831 653__ $$aschutzfrist
000952831 653__ $$atermination
000952831 653__ $$aunion
000952831 653__ $$aWARN ACT
000952831 655_0 $$aElectronic books
000952831 7001_ $$aSpievack, Linda J.,$$eauthor.
000952831 77608 $$iPrint version:$$z9781631575983
000952831 830_0 $$aBusiness law collection.$$x2333-6730
000952831 852__ $$bebk
000952831 85640 $$3ProQuest Ebook Central Academic Complete $$uhttps://univsouthin.idm.oclc.org/login?url=https://ebookcentral.proquest.com/lib/usiricelib-ebooks/detail.action?docID=4774236$$zOnline Access
000952831 909CO $$ooai:library.usi.edu:952831$$pGLOBAL_SET
000952831 980__ $$aBIB
000952831 980__ $$aEBOOK
000952831 982__ $$aEbook
000952831 983__ $$aOnline