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Contemporary Employment Law, Fifth Edition, is the essential textbook for understanding the regulation of the modern workplace. Through a practical, balanced discussion of employment and labor law, acclaimed authors Fields and Cheeseman provide a straightforward approach to learning the legal essentials of managing a modern workforce. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a four-part format, the authors cover the Employment Relationship, Workplace Discrimination, Employee Protections and Benefits, and Special Topics in Employment Law. The text is written with the student in mind, with interesting examples, concept summaries, modern topics and issues, and a clearly written narrative approach to the material. The revised Fifth Edition continues to provide the information students need in a practical and contemporary text. New to the Fifth Edition: ● New Artificial Intelligence feature offering exercises where students use AI to draft documents in the form and nature of what they will encounter in their business careers ● Most up-to-date developments in employment law, including: o Discussion of two new federal laws: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 and The Pregnant Workers Fairness Act o Coverage of Executive Order 14110 relating to the development and use of artificial intelligence in hiring and employment decisions o Review of current developments regarding employment-related covenant not to compete provisions o Overview of proposed new wage thresholds for exempt employees ● Updated case law coverage of the latest issues in employment law ● Rich Connected eBook resources, including sample forms and Casebook Connect Study Center questions for reviewProfessors and students will benefit from: ● Rich pedagogical design ● Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision ● Every briefed case includes thought-provoking Focus on Ethics questions

One of the primary goals of the 1970s-era conservative legal movement was to undo New Deal policies that favored labor at the expense of capital. One of the movement's most effective strategies turned out to be advancing bipartisan legislation on arbitration and convincing the courts that settling disputes that way was preferable to litigation. Today, most consumers and employees today are bound by arbitration agreements, in which they are required to submit all future grievances to a private, binding system of arbitration and forfeit access to the legal system. Arbitration as originally conceived well over a century ago, however, stands in stark contrast to the arbitration in practice today. What changed is that Congress, the Supreme Court, and the private sector began to promote its use in the late twentieth century as a means of protecting corporate and other powerful institutional defendants from the costs of litigation and government regulation itself. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between entities of equal bargaining power to a private, non-reviewable, compulsory forum for resolving disputes between individuals and corporations, often on unilateral terms? By examining the broader institutional, political, and legal dynamics that shaped and enabled these processes of change over the past 150 years, Privatizing Justice examines how this transformation came about. The product of a broad range of actors and institutions interacting with each other--Congress, presidents, the courts, the administrative state, interest groups, and the business community-the system that emerged has not only transformed the American state in profound ways but exacerbated economic inequality and eroded democracy.

Bennett-Alexander and Hartman's Employment Law for Business addresses employment law and employment decisions from a managerial perspective. This textbook shows students how to manage effectively and efficiently, with full comprehension of the legal ramifications of their decisions. Students learn to analyze employment law facts using concrete examples of thorny management-related legal dilemmas. The authors illustrate the various methods that can be used to reach a resolution, so that students understand how to make their own business decisions based on legal considerations.

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in the United States. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in the United States on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: • written and oral contracts • interviewing and screening • evaluations and warnings • severance pay • reductions in force • temporary workers • trade union rights • wage and hour laws • employee benefits • workers'compensation • safety and environmental regulations • immigration law compliance • restrictive covenants • anti-discrimination laws • employee privacy rights • dispute resolution • recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources.Employment Law, Fifth Edition examines the most dynamic topics in employment law, from employee status and contract formation to termination and post-termination issues. The text introduces students to major issues and problems in labor policy and the practice of employment law, moving from one practical or policy area to the next, recalling and expanding students'understanding of basic legal principles in particular contexts, and introducing laws specially designed for the protection of employees and other individual workers. New to the 5th Edition: Update on the classification of workers as employees or independent contractors The Supreme Court's Bostick decision and discrimination on the basis of LGBT status New pay transparency laws The impact of COVID on workplace safety and workers'compensation law New discussions of how social media, electronic surveillance, and artificial intelligence are affecting the workplace New developments in the arbitration of employment disputes, including the impact of the #MeToo movement and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Benefits for instructors and students: Coverage that fills the gap between traditional labor (e.g., collective bargaining) and discrimination courses Thorough treatment of basic employment law doctrine and legislation Thought-provoking cases and the hot-button issues Strong focus on potential employment disputes and their context

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources.Employment Law: Private Ordering and Its Limitations, by Timothy Glynn, Charles Sullivan, Charlotte Alexander, and Rachel Arnow-Richman, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and problems examine the laws that are intended to balance the competing interests and contractual obligations of employers and employees. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Exercises in planning, drafting, advising, and negotiating develop practice-ready transactional lawyering skills. New to the Fifth Edition: Important Supreme Court and lower court cases in key areas including the whistleblower and antiretaliation protections, workplace privacy and speech, antidiscrimination laws, disability and other accommodations, noncompetition agreements and intellectual property workplace health and safety, and mandatory arbitration clauses Addition of cases and note materials on hot topics including developments in competition law, new workplace legal issues and disputes arising from the COVID-19 pandemic, the scope of employment protections in the contemporary economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of emergent communications and monitoring technologies, structural and unconscious bias in the workplaces, and innovations in accommodating workers'lives Updated practice-oriented problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas

An insightful and evidence-based assessment of our urgent need to enact labor law reform—and how to achieve it.Millions of non-union workers want unionization, but our current labor-management relations law conspires to deny them meaningful opportunities to secure collective workplace representation. The resulting low rates of collective bargaining impose economic, political, and social costs on us all. In Fulfilling the Pledge, Roger Hartley addresses the plight of American workers, who face a grim, uncertain future, as the digital workplace reshapes the hierarchical post–World War II industrial relations system that once gave workers a voice. Through empirical evidence and the lens of law and policy, Hartley examines what industrial sociologists call the chronic “representation gap” and clarifies how a wide-ranging movement could build a vocal constituency for the congressional enactment of labor law reform.The pledge made in the 1935 National Labor Relations Act to encourage establishment of industrial democracy—where workers possess a voice in their places of work—remains unfulfilled. Speaking to policymakers, scholars, historians, and the average citizen, Fulfilling the Pledge makes a compelling case for collective workplace representation that serves the greater good, even as American labor relations law continues to undermine collective bargaining by workers and becomes an increasingly significant political and social issue.

'This compact, comprehensive reference guide covers workers'compensation and employee protection laws, stressing the rights and duties of both the employer and the employee in the workplace. The text pays special attention to the laws that protect the employee and answers the most common workers'compensation questions asked by students and lawyers. It is ideal both for use as a student study aid or review for the practitioner. Since the last edition, important U.S. Supreme Court cases have taken into account, statutes and reference materials have been updated, including the new rights and remedies granted to veterans in 2022, and COVID-19's impact on workers'compensation has been recognized.'--Publisher.

An exploration of how major companies have used advanced information technologies to limit worker power, and how labor law reform could reverse that trend.As our economy has shifted away from industrial production and service industries have become dominant, many of the nation's largest employers are now in fields like retail, food service, logistics, and hospitality. These companies have turned to data-driven surveillance technologies that operate over a vast distance, enabling cheaper oversight of massive numbers of workers. Data and Democracy at Work argues that companies often use new data-driven technologies as a power resource—or even a tool of class domination—and that our labor laws allow them to do so.Employers have established broad rights to use technology to gather data on workers and their performance, to exclude others from accessing that data, and to use that data to refine their managerial strategies. Through these means, companies have suppressed workers'ability to organize and unionize, thereby driving down wages and eroding working conditions.Labor law today encourages employer dominance in many ways—but labor law can also be reformed to become a tool for increased equity. The COVID-19 pandemic and subsequent Great Resignation have indicated an increased political mobilization of the so-called essential workers of the pandemic, many of them service industry workers. This book describes the necessary legal reforms to increase workers'associational power and democratize workplace data, establishing more balanced relationships between workers and employers and ensuring a brighter and more equitable future for us all.

With her user-friendly and practical guide, Employment Law for Non-Lawyers, Lori Rassas gives a comprehensive awareness of the legal issues that may arise throughout the employer-employee relationship.Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees, Fifth Edition by Lori B. Rassas is a practical text for undergraduate, paralegal, and graduate-level employment law courses, including those offered in human resources and business school programs. This unique book handles each area of the law and its practical application from the perspective of both employers and employees. The balanced approach is organized to track the employer-employee relationship focusing on hiring, managing, and firing practices. The end-of-chapter questions test key concepts and present hypothetical situations that test students'ability to master and apply concepts and promote the development of critical thinking and analytical skills.New to the Fifth Edition:recruiting strategies designed to balance the interests of employers to comply with anti-discrimination laws and achieve their diversity and inclusion goalsexpanded discussion of hair discriminationgreater coverage of sex discrimination based on gender identity, transgender status, and sexual orientationexplanation of legislative efforts designed to address broader pay equity issues among and between different protected classesexpanded coverage of the National Labor Relations Act and its impact on the rights of employers to regulate workplace conductanalysis of legal developments that materialized during the pandemic and have widespread applicability as they continue to evolve: updated guidance on medical inquiries, remote working arrangements, reasonable accommodations, and vaccine policiesProfessors and students will benefit from:Chronologically-organized, clear, and concise explanations of complex legal concepts that track the employer–employee relationship.Enforcement guidance and workplace posters from the agencies that enforce the laws that regulate the employment relationshipPractical information that that guides students to frame legally compliant interview questionsReferences to the most significant legal cases and some lesser-known cases that represent common themes.The injection of real-life memorable scenarios and humor to increase the attention of students and help them retain the knowledge related to key concepts.Key terms defined when first introduced; outrageous but true “Check-It-Out” situations with employment implications; objective and analytical end-of-chapter questions; and a comprehensive glossary and index.

The SHRM Essential Guide to Employment Lawis your One-Stop Legal Reference to Employment Law. It simple, straightforward language on everything HR professionals, employers, and small business owners need to know about their relationship with their employees in order to comply with the law and protect thems elves and their business from legal action.Covering more than 200 workplace law topics, the Guide provides an overview of U.S. workplace laws, regulations, and court decisions that employers, large or small, are likely to face, as well as what pitfalls to anticipate and when to seek professional advice. Each chapter offers general principles, highlights key issues, and provides specific examples and suggestions to help make the employer-employee relationship run more smoothly.The Second Edition features scores of updates and new content, including:• New NLRB rules• New state law limitations on inquiringabout salary history• Compliance for telework• Lawfulness of provisions in severance and release agreements• Department of Labor's change of position on volunteer workers• New state laws limiting or prohibiting non-compete agreements• and much more!

Occupational licensure, including regulation of the professions, dates back to the medieval period. While the guilds that performed this regulatory function have long since vanished, professional regulation continues to this day. For instance, in the United States, 22 per cent of American workers must hold licenses simply to do their jobs. While long-established professions have more settled regulatory paradigms, the case studies in Paradoxes of Professional Regulation explore other professions, taking note of incompetent services and the serious risks they pose to the physical, mental, or emotional health, financial well-being, or legal status of uninformed consumers. Michael J. Trebilcock examines five case studies of the regulation of diverse professions, including alternative medicine, mental health care provision, financial planning, immigration consulting, and legal services. Noting the widely divergent approaches to the regulation of the same professions across different jurisdictions – paradoxes of professional regulation – the book is an attempt to develop a set of regulatory principles for the future. In its comparative approach, Paradoxes of Professional Regulation gets at the heart of the tensions influencing the regulatory landscape, and works toward practical lessons for bringing greater coherence to the way in which professions are regulated.

'This Nutshell provides an overview of individual employee rights and responsibilities. It addresses a number of areas, including establishing and ending the employment relationship, protection of employee privacy and reputation, discrimination, regulation of wages and hours, employee physical safety, fringe benefits, and employee duties of loyalty. This edition includes a discussion of the many changes in harassment law and the impact of the #MeToo movement, a look at the recent Supreme Court case law extending employment discrimination protections to sexual orientation and transgender status, an examination of the trend toward a more virtual economy and platform-based work, and a description of the changes in how employees work, and the terms of that work, in the face of an ongoing health pandemic.'-- Publisher

New Legal Environment of Business Text Designed for Today's StudentThe Contemporary Legal Environment of Business is the focused, direct, and practical treatment of business topics today's student needs. Experienced authors C. Kerry Fields and Kevin Fields offer a readable overview of key legal concepts grounded in the day-to-day application of the topics in the real world. With a blend of legal theory and practical applications, the book expertly covers issues important to today's business managers in an engaging and readable format. An accessible writing style combined with thoughtful pedagogy make this text ideal for undergraduate and graduate business students. Each chapter includes well-edited cases that highlight key legal concepts and integrate ethical considerations. Plentiful examples show students the practical applications of the law. Managerial Applications and thoughtful exercises encourage critical thinking. In addition, students will benefit from features such as chapter outlines, learning objectives, key terms in bold and defined in the text, and concept summaries. Professors and student will benefit from: Practical approach of the book, written with the student in mind and keeping legal theory to a minimum. Introduces concepts in the context of actual business practice. Timely and sensible coverage of laws that address the expanding responsibilities of today's business leaders, including diversity, equity and inclusion issues in their many forms. Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision. Ethics questions included throughout the text to develop critical thinking and decision-making skills. Ample exercises that offer opportunities for students to apply what they have learned.

The 28 chapters in this volume trace the struggles of the American work force from early workers'strikes in the colonies and the famous Boston Tea Party to recent attempts by Amazon employees to unionize. Improvements in the lives of workers were slow in coming, and Americans in the modern workforce owe such standard features as the 5-day workweek and the 8-hour workday to the protests of workers in the nation's past.

Reviews labor relations law in the United States from its origins to the creation of key statutory protections and the up to date developments of the modern-day National Labor Relations Board (NLRB). Expert commentary offers insight into primary legal issues such as union organizing, picketing, employer responses, the duty to bargain, and enforcement of collective bargaining agreements and their arbitration provisions.

This updated edition informs the reader of the what, why and how of workplace wellness program laws, including: What laws are important for workplace wellness program compliance Why these laws exist and why are they important for workplace wellness program design and implementation How workplace wellness professionals and organizations can apply workplace wellness laws most effectively

Are super-capable robots and algorithms destined to devour our jobs and idle much of the adult population? Predictions of a jobless future have recurred in waves since the advent of industrialization, only to crest and retreat as new jobs-usually better ones-have replaced those lost to machines. But there's good reason to believe that this time is different. Ongoing innovations in artificial intelligence, machine learning, and robotics are already destroying more decent middle-skill jobs than they are creating, and may be leading to a future of growing job scarcity. But there are many possible versions of that future, ranging from utterly dystopian to humane and broadly appealing. It all depends on how we respond. This book confronts the hotly-debated prospect of mounting job losses due to automation, and the widely-divergent hopes and fears that prospect evokes, and proposes a strategy for both mitigating the losses and spreading the gains from shrinking demand for human labor. We should set our collective sights, it argues, on ensuring access to adequate incomes, more free time, and decent remunerative work even in a future with less of it. Getting there will require not a single'magic bullet'solution like universal basic income or a federal job guarantee but a multi-pronged program centered on conserving, creating, and spreading work. What the book proposes for a foreseeable future of less work will simultaneously help to address growing economic inequality and persistent racial stratification, and makes sense here and now but especially as we face the prospect of net job losses.

From making sense of the pre-hiring process and disciplining employees to creating harassment-free workplaces and uncovering implicit bias, workplace lawyer Adam Rosenthal expertly delivers every manager's comprehensive, go-to practical guide for managing a legally-compliant workplaces and building a positive, productive, and legally-compliant work cultures along the way.Packed with insights and advice, Rosenthal shows step-by-step how to follow the law from hiring to terminations and a wealth of topics in between, including discipling employees, having difficult conversations, conducting performance reviews, and managing remote workers.

How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.”Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program's framework is sufficiently broad and enduring to remain relevant and faithful to the Act's congressional beneficent purposes and aspirations.

Exploring a new agenda to improve outcomes for American workersAs the United States continues to struggle with the impact of the devastating COVID-19 recession, policymakers have an opportunity to redress the competition problems in our labor markets. Making the right policy choices, however, requires a deep understanding of long-term, multidimensional problems. That will be solved only by looking to the failures and unrealized opportunities in anti-trust and labor law.For decades, competition in the U.S. labor market has declined, with the result that American workers have experienced slow wage growth and diminishing job quality. While sluggish productivity growth, rising globalization, and declining union representation are traditionally cited as factors for this historic imbalance in economic power, weak competition in the labor market is increasingly being recognized as a factor as well.This book by noted experts frames the legal and economic consequences of this imbalance and presents a series of urgently needed reforms of both labor and anti-trust laws to improve outcomes for American workers. These include higher wages, safer workplaces, increased ability to report labor violations, greater mobility, more opportunities for workers to build power, and overall better labor protections.Inequality in the Labor Market will interest anyone who cares about building a progressive economic agenda or who has a marked interest in labor policy. It also will appeal to anyone hoping to influence or anticipate the much-needed progressive agenda for the United States. The book's unusual scope provides prescriptions that, as Nobel Laureate Joseph Stiglitz notes in the introduction, map a path for rebalancing power, not just in our economy but in our democracy.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. p>Contemporary Employment Law, Fourth Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concept summaries, modern topics and issues, and a clearly written narrative approach to the material. The revised Fourth Edition continues to provide the information students need in a practical and contemporary text. New to the Fourth Edition: New summary charts provide helpful overviews of complex topics: Recruitment, Selection, and Testing at the end of Chapter 2 Remedies for Discrimination Claims at the end of chapter 4 Post Hire Employment Discrimination Claims at the end of Chapter 5 Leaves of Absence at the of Chapter 11 Wage and hour claims at the end of Chapter 14 WARN Mass Layoffs and Plant Closures at the end of Chapter 14 The most up-to-date developments in employment law, with new statutes, regulations, and Supreme Court cases, including those on gender orientation and transgender status. An updated glossary which makes it easier for students to find definitions of the important terms discussed in the text. Updated forms. Professors and student will benefit from: Rich pedagogical design Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision Every briefed case includes thought provoking Focus on Ethics questions Sample forms used in employment law and human resource practice are placed throughout the text and enable students to appreciate how a concept is applied in the real world. Practice problems for exam review that facilitate student learning Teaching materials Include: Instructor's Manual Test Bank PowerPoints

Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees, Fourth Edition is a practical text for undergraduate, graduate, and paralegal employment law, human resources, and business school courses. This unique book approaches each area from the perspective of both employees and employers. The balanced approach is organized to track the employer-employee relationship focusing on day-to-day hiring, managing, and firing practices. After an overview of discrimination laws and a discussion of different types of employment relationships the text moves chronologically from the recruitment of candidates through all aspects of employment to the conclusion of the employment relationship. Each chapter begins with clear chapter objectives. A list of key terms ends the chapter followed by basic questions to ensure students master the key concepts and fact patterns, which test student's ability to apply the concepts to workplace matters. These fact-based scenarios promote critical thinking and develop analytical skills. New to the Fourth Edition: New coverage of the balancing of employer and employee interests in regard to political expression and social media use Expanded discussion of employer and employee rights with respect to medical marijuana Focus on the heightened attention paid to policies related to workplace romances due to the #MeToo movement Enhancement of the materials related to the prohibition of sex discrimination and compensation discrimination materials, including the comparing and contrasting of employee rights under Title VII and the Equal Pay Act Introduction of Check it out! —a teaching tool based on real-life scenarios. These sidebars raise thought-provoking questions designed to initiate both legal and policy discussions and reinforce legal concepts and stakeholder considerations. Professors and students will benefit from: Materials are chronologically organized and track the employer–employee relationship. Complicated information is presented in a clear and concise manner. Guidance from the very agencies that are ultimately responsible for the laws that regulate the employment relationship is included. Tackling of serious workplace matters is paired appropriately with the injection of humor to increase the attention of students and the likelihood that they retain the knowledge related to key concepts. Students who work in human resources, employment law are provided with sample forms, enforcement guidance, and workplace posters that they need to know. Practical information within the context of interviewing provides students with a wealth of information and issues that help them frame interview questions that are legally compliant. References to the most significant legal cases, as well as some lesser-known cases represent common themes. End-of-chapter questions ensure students master key concepts. Numerous fact patterns test whether students not only understand these concepts but also can apply them to workplace matters. These fact-based scenarios promote critical thinking and develop analytical skills so that the knowledge can be used by students. Key terms appear in the margins where a term is first introduced and in the glossary at the end of the book. This comprehensive glossary of key terms provides students with an additional opportunity to review important terms.

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book-one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook-focuses on the relevant laws and regulations in the United States. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in the United States on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers'compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, Fourth Edition is organized around the rights and duties that flow between parties in an employment relationship. Through cases, detailed discussion of the facts, and accessible notes and questions, this book examines the laws that are intended to balance the competing interests and contractual obligations between employer and employee. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Practitioner exercises in planning, drafting, advising, and negotiating develop transactional lawyering skills. New to the Fourth Edition: Important Supreme Court and lower court cases in key areas including the scope of “employment,” whistleblower and anti-retaliation protections, anti-discrimination laws, disability and other accommodations, noncompetition agreements, and mandatory arbitration clauses Addition of cases and note materials on hot topics including employment protections in the gig economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of AI and other technologies, emergent privacy and cyber security issues, and innovations in accommodating workers'lives Updated problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas

'[The] sixth edition has been expanded and updated, including such new topics as whether just-in-time workers (e.g., Uber drivers) are employees or independent contractors, along with...coverage of anti-discrimination laws, wage and hour law, ERISA, privacy in employment, OSHA, workers'compensation, restrictive covenants, wrongful discharge, unemployment compensation, and pensions.'--

The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches,'third way'market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.

This book the authors provide some historical background as well as general information related to workplace wellness to help the reader glean a better understanding of the plethora of workplace wellness laws and how professionals and organizations should apply them.

Essential core of employment law in a 6 page digital guide. Authored and designed to understand the significance of details within the larger scheme of the law and to review before the Bar Exam. Review for exams, find facts fast, refresh memory, or constantly reinforce your knowledge base. With the mass of knowledge needed for a law degree and for practicing, a trusted reference source is rarely found at this price that works so well. This digital guide will can be used for a lifetime through school and beyond. Law students, lawyers and paralegals have agreed QuickStudy law guides are a must-have. 6-page digital guide includes: Labor Issues: Fair Practices & Employee Safety & Protection Fair Labor Standards ActEmployee Polygraph Protection ActNational Labor Relations ActOccupational Safety & Health ActFederal Unemployment Compensation ActWorker Adjustment & Retraining Notification ActWorkers'CompensationSocial Security DisabilityWhistleblower StatutesTermination of EmploymentHealth Issues: Benefits & Rights Comprehensive Omnibus Budget Reconciliation ActHealth Insurance Portability & Accountability ActFamily Medicine Leave ActFair Treatment & Protected Classes DiscriminationImmigration Reform & Control ActVeterans'Preference LawsPublic Sector: Specific Rules & RegulationsRetirement Issues Employee Retirement Income Security ActOld Age Security Pension BenefitsRetiree Health CareEmployer Protection Employment Related TortsBankruptcy

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the USA not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers'associations, workers'participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in the USA, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in the United States. It is thoroughly practical in orientation. Employers and their counsel can be assured that it ful?lls the need for accurate and detailed knowledge of laws in the United States on all aspects of employment, from recruiting to termination, working conditions, compensation and bene?ts to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: - written and oral contracts - interviewing and screening - evaluations and warnings - severance pay - reductions in force - temporary workers - trade union rights - wage and hour laws - employee bene?ts - workers'compensation - safety and environmental regulations - immigration law compliance - restrictive covenants - anti-discrimination laws - employee privacy rights - dispute resolution - recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable?nes and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

If you want to grow your business, you need help. Hire Your First Employee: The entrepreneur's guide to finding, choosing and leading great people guides you step by step through everything you need to make the decision to hire, find the right people and lead & manage your team.It's all here—the hard facts like taxes and laws and the inspiring guidance that helps make you, your employees and your business successful. Whether you're just launching your company or have been in business for years, if it's time to hire, you'll want this book to guide your growth. Whether you're making your first hire, need to hire several employees for a new business, or already have employees, Hire Your First Employee: The entrepreneur's guide to finding, choosing and leading great people includes all the nitty-gritty details about employment laws and taxes, figuring out how much to pay, conducting interviews and background checks, developing benefits and personnel policies, becoming a leader and manager and much more!

This compact, comprehensive reference guide covers workers compensation and employee protection laws, stressing the rights and duties of both the employer and the employee in the workplace. The text pays special attention to the laws that protect the employee and answers the most common workers compensation questions asked by students and lawyers. It is ideal both for use as a student study aid or review for the practitioner.

The SHRM Essential Guide to Employment Lawis your One-Stop Legal Reference to Employment Law. It simple, straightforward language on everything HR professionals, employers, and small business owners need to know about their relationship with their employees in order to comply with the law and protect thems elves and their business from legal action.Covering more than 200 workplace law topics, the Guide provides an overview of U.S. workplace laws, regulations, and court decisions that employers, large or small, are likely to face, as well as what pitfalls to anticipate and when to seek professional advice. Each chapter offers general principles, highlights key issues, and provides specific examples and suggestions to help make the employer-employee relationship run more smoothly.

Worried that your company's employees might post trade secrets on Facebook, send harassing email, or text while driving on company business? Advances in workplace technology bring big benefits in productivity and connectivity, but they come at the cost of legal exposure. To protect your company, you need to develop clear, specific technology policies--or update the ones you already have. Smart Policies for Workplace Technologies provides all the information, advice, and sample language you need to develop clear and effective rules for employee use of: cell phones, tablets, and other mobile devices social media, such as Twitter and Facebook email and Internet use company and personal blogs, and much more. Smart Policies for Workplace Technologies keeps your business safe, online and off. Packed with sample policies, practical advice, and real-world examples, the fifth edition covers the latest trends and legal issues, including new guidance from the National Labor Relations Board on employee use of email; continued attention to employers disciplining and firing employees for social media posts; and wearable tech (such as smart watches) in the workplace.

This provocative book by the leading historian of the National Labor Relations Board offers a reexamination of the NLRB and the National Labor Relations Act (NLRA) by applying internationally accepted human rights principles as standards for judgment. These new standards challenge every orthodoxy in U.S. labor law and labor relations. James A. Gross argues that the NLRA was and remains at its core a workers'rights statute. Gross shows how value clashes and choices between those who interpret the NLRA as a workers'rights statute and those who contend that the NLRA seeks only a'balance'between the economic interests of labor and management have been major influences in the evolution of the board and the law. Gross contends, contrary to many who would write its obituary, that the NLRA is not dead. Instead he concludes with a call for visionary thinking, which would include, for example, considering the U.S. Constitution as a source of workers'rights. Rights, Not Interests will appeal to labor activists and those who are trying to reform our labor laws as well as scholars and students of management, human resources, and industrial relations.

Contemporary Employment Law, Third Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concepts summaries, modern topics and issues, and a clearly written narrative approach to the material.

“Rolf shows that raising the minimum wage to $15 is both just and necessary, lest the American dream of middle class prosperity turn into a nightmare” (David Cay Johnston, Pulitzer Prize–winning journalist). Combining history, economics, and commonsense political wisdom, The Fight for $15 makes a deeply informed case for a national fifteen-dollars-an-hour minimum wage as the only practical solution to reversing America's decades-long slide toward becoming a low-wage nation. Drawing both on new scholarship and on his extensive practical experiences organizing workers and grappling with inequality across the United States, David Rolf, president of SEIU 775—which waged the successful Seattle campaign for a fifteen dollar minimum wage—offers an accessible explanation of “middle out” economics, an emerging popular economic theory that suggests that the origins of prosperity in capitalist economies lie with workers and consumers, not investors and employers. A blueprint for a different and hopeful American future, The Fight for $15 offers concrete tools, ideas, and inspiration for anyone interested in real change in our lifetimes. “The author's plainspoken approach and stellar scholarship illuminate in-depth discussions about the deliberate policy decisions that began to decimate the middle class at the start of the 1980s as well as the insidious new ways in which big business continues to attack American workers today via stagnant wages, rampant subcontracting, unpredictable scheduling, and other detrimental practices associated with the so-called ‘share economy.'” —Kirkus Reviews “David Rolf has become the most successful advocate for raising wages in the twenty-first century.” —Andy Stern, senior fellow at Columbia University's Richard Paul Richman Center for Business, Law, and Public Policy

Recent 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 U.S. and how it compares with the laws of the target country in an M&A. In the U.S., under the employment at-will doctrine, the U.S. private sector employers can dismiss their non-unionized employees at any time for any reason or even no reason at all. 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 U.S. is not wages. It is the amount of paid time-off and other benefits. Employers in Germany and Italy will find it difficult to discharge employees without incurring substantial liability. For high-level, long-term employees, these severance payments can run into six or even seven figures.

Whether you are majoring in business or another non-legal professions, EMPLOYMENT AND LABOR LAW, 9E offers the ideal comprehensive introduction to employment and labor relations. This book uses excerpts from real law cases to illustrate how labor-related disputes arise and are resolved in the courts. Eye-opening features, such as The Working Law and Ethical Dilemma, demonstrate how labor legislation and ethical decision-making impact employees at all levels of organizations today -- from hourly workers to owners. You review the most up-to-date information on the NLRB and EEOC, the Fair Labor Standards Act, President Obama's executive orders regarding undocumented immigrants and LGBT rights, Obamacare, the Defense of Marriage Act, and other employee-benefits developments. You also study issues relevant to you, such as FLSA and NLRB rights for unpaid interns, teaching assistants, and student-athletes. No other book combines such balanced coverage with a student-friendly approach.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program for monographs. Visit www.luminosoa.org to learn more.Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as retail, restaurants, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. How and why do these workers, despite enormous barriers, come forward to seek justice, and what happens once they do? Based on extensive fieldwork in Northern California, Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. The author also tracks how workplace injustices—and the arduous process of contesting them—carry long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.

Make Your Workplace Safe for Technology Worried that your company's employees might post trade secrets on Facebook, send harassing email, or text while driving on company business? Advances in workplace technology bring big benefits, but they can also bring legal exposure. To protect your company, you need to develop clear, specific policies—or update the ones you already have. Smart Policies for Workplace Technologies provides everything you need to adopt effective rules for employee use of: email social media, such as Twitter and Facebook instant messaging mobile devices, including cell phones and tablets company and personal blogs and more Smart Policies for Workplace Technologies keeps your business safe, online and off. Packed with sample policies, practical advice, and real-world examples, the fourth edition covers the latest trends, from Facebook firing to employees'use of their own smartphones for work (“BYOD”).

By examining the history of the legal regulation of union actions, this fascinating book offers a new interpretation of American labor-law policy—and its harmful impact on workers today.Arguing that the decline in union membership and bargaining power is linked to rising income inequality, this important book traces the evolution of labor law in America from the first labor-law case in 1806 through the passage of right-to-work legislation in Michigan and Indiana in 2012. In doing so, it shares important insights into economic development, exploring both the nature of work in America and the part the legal system played—and continues to play—in shaping the lives of American workers.The book illustrates the intertwined history of labor law and politics, showing how these forces quashed unions in the 19th century, allowed them to flourish in the mid-20th century, and squelched them again in recent years. Readers will learn about the negative impact of union decline on American workers and how that decline has been influenced by political forces. They will see how the right-to-work and Tea Party movements have combined to prevent union organizing, to the detriment of the middle class. And they will better understand the current failure to reform labor law, despite a consensus that unions can protect workers without damaging market efficiencies.

Designed for use with any casebook, the Fifth Edition has been expanded and updated, including such new topics as social media and the Affordable Care Act, along with expert coverage of anti-discrimination laws, wage and hour law, ERISA, privacy in employment, OSHA, workers'compensation, restrictive covenants, wrongful discharge, unemployment compensation, and pensions.

This textbook acquaints readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from the perspective that the human resource professional is the employer's representative and is, therefore, responsible for protecting the employer's interests and reducing the employer's exposure to litigation through monitoring activities and viable employee policies. The book is designed as a tool for today's business and management professionals, and unlike some other texts in the field, maintains a pro-business or pro-management approach. The authors have skilfully crafted Employment Regulation in the Workplace to be an effective learning tool. Each chapter opens with learning objectives and an example scenario, and each chapter contains plenty of illustrative figures, boxes, and diagrams. Chapters conclude with a listing of key terms, questions for discussion, and two case exercises. The book also includes a comprehensive bibliography.

Ideal for use with the authors'own casebook, LABOR LAW: CASES, MATERIALS, AND PROBLEMS, or any other coursebook for the Labor Law course, this supplement offers a full complement of up-to-date source material, forms, and examples of current collective bargaining agreements. Features of this supplement include: The full text of the National Labor Relations Act, Labor Management Relations Act, Labor-Management Reporting and Disclosure Act, Railway Labor Act, and Norris-LaGuardia Act Selected provisions from other statutes such as the Sherman Act, Clayton Act, Federal Arbitration Act, and U.S. Bankruptcy Code Selected forms of the National Labor Relations Board and National Mediation Board Text of amendments to NLRB Election Rules and Regulations The full text of the National Agreement between General Electric and IUE-CWA (2011–2015) The full text of the New York Green Grocer Code of Conduct Selected Cross-Border Labor Law Instruments, including U.S. General System of Preferences, North American Agreement on Labor Cooperation, Constitution of the International Labor Organization, and OECD Guidelines for Multinational Enterprises

In An Introduction to Labor Law, Michael Evan Gold provides useful and timely information on labor law that should complement research in current and future topics in labor relations....This book can be used as a guide for labor law, past and present, for both policy-makers and researchers....The book provides a clear and concise description of labor law concepts and provides answers to many questions in labor relations. Moreover, the book also provokes questions and ideas regarding what should be no doubt new explorations into changes in labor law as it pertains to economic growth industries such as college athletics and health care.— Christopher K. Coombs ― Journal of Labor ResearchAn Introduction to Labor Law is a useful primer that explains the basic principles of the federal law regulating the relationship of employers to labor unions. In this updated third edition, which features a new introduction, Michael Evan Gold discusses the law that applies to union organizing and representation elections, the duty to bargain in good faith, economic weapons such as strikes and lockouts, and the enforcement of collective bargaining agreements.Gold describes the structure and functions of the National Labor Relations Board and of the federal courts in regard to labor cases and also presents a number of legal issues presently in contention between labor and management.

Huamn Resourcs analysis, state vs. federal compliance

All the legal information supervisors need. If you supervise employees or independent contractors, The Manager's Legal Handbook is the perfect resource. Need information about overtime? Want useful ideas on workplace policies? Have a question about trade secrets and need the answer now? This book provides everything you need to stay within the bounds of the law, including: hiring discrimination wages and hours privacy time off workplace policies firing and layoffs Designed for managers and supervisors who need answers quickly, as well as human resources professionals, The Manager's Legal Handbook answers common questions on employment law. This new edition is completely updated to reflect changes to discrimination laws, health care reform, social media developments, and more. It also provides updated information on the laws of each state.