Principles of Employment Law

ISBN-10: 031416877X

ISBN-13: 9780314168771

Edition: N/A

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Description:

This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into six chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Finally, Chapter 6 examines workplace health and safety.
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Book details

List price: $48.00
Publisher: West Academic
Publication date: 2/25/2009
Binding: Paperback
Pages: 333
Size: 6.50" wide x 9.50" long x 0.50" tall
Weight: 1.078
Language: English

Defining the Employment Relationship
Who Is an Employee?
The Employee Versus the Independent Contractor
What Is at Stake?
Determining a Worker's Status
The Common Law Test
The Economic Reality Test
The Hybrid Test
Critical Appraisals of the Employee/Independent Contractor Distinction
Individuals Who Cannot Be Employed
Children
Undocumented Workers
Who Is an Employer?
The Employee/Employer Distinction
Multiple Potential Employers
Job Security
The Employment-at-Will Doctrine
Statutory Protections
Common Law Protections
Is Employment at Will the Default Rule?
Contract Based Modifications to Employment at Will
Express Contract Modifications
Just-Cause Contracts
Specific Duration Contracts
What Is Just Cause?
Implied Contract Modifications
The Case of Employee Handbooks
Legal Standard
Disclaimers
Handbook Modifications
Implied-in-Fact Contracts
Promissory Estoppel
Covenant of Good Faith and Fair Dealing
Tort Based Modifications to Employment at Will
Discharge in Violation of Public Policy
What Is Public Policy?
Public Versus Private Concerns
Elements of a Successful Claim
Activities Protected by the Tort
Refusing to Engage in Illegal Conduct
Performing a Public Obligation
Exercising a Legal Right or Privilege
Reporting a Statutory Violation
Preclusion
Exclusivity Concerns
Preemption Concerns
In-House Attorneys and the Tort of Wrongful Discharge
Intentional Infliction of Emotional Distress
Intentional Interference With Contractual Relations
Reform Efforts and the at-Will Doctrine
The Montana Wrongful Discharge From Employment Act
The Model Employment Termination Act
The American Law Institute's Proposed Restatement of the Law Third, Employment Law
Privacy, Autonomy and Dignity in the Workplace
Protections Regarding Speech and Association
Constitutional Protection for Speech
Constitutional Protection for Association
Statutory Protection
Private Sector Labor Law
Public Sector Labor Laws
Other State Laws
Protection From Instrusive Employment Practices
Background Investigations
Interrogation
Statutory Restrictions
Constitutional Restrictions
Searches
Constitutional Limitations
Protection From Intrusive Employment Practices-Continued
Invasion of Privacy and Other Tort Claims
Statutory Restrictions
Surveillance and Monitoring
Constitutional Restrictions
Invasion of Privacy and Other Tort Claims
Statutory Restrictions
A Duty to Monitor?
Pre-Employment and Employment Testing
Polygraph Examinations
Honesty Tests
Psychological and Personality Tests
Medical Tests
Genetic Testing
Drug Testing
Constitutional Restrictions
Statutory Restrictions
Common Law Claims
Regulation of Off-Work Activity
Constitutional Protections
Common Law Claims
Statutory Claims
Contractual Claims
Grooming and Dress Restrictions
Constitutional Claims
Statutory Causes of Action
Negligent Hiring, Supervision and Retention
Employee Obligations to Employers
Implied Duty of Loyalty
Soliciting Customers or Co-Workers
Assisting a Competitor
Remedies
Trade Secrets
Definition of Trade Secrets
Misappropriation of Trade Secrets
Employee Inventions
The Shop Right Doctrine
"Holdover" Provisions
Statutory Protections
Noncompetition Covenants
Enforceability
Remedies
Noncompetition Agreements and Lawyers
Mandated Terms and Conditions of Employment
Wages and Hours
Introduction
Fair Labor Standards Act
Overview
Substantive Obligations
Minimum Wage
Overtime Pay
Child Labor Restrictions
Coverage
The Employer-Employee Relationship
Individual or Enterprise Coverage
Exempt and Nonexempt Employees
Implementation Problems
Defining Compensable Time
Determining the Base Rate
Enforcement Issues
Living Wage Ordinances
State Wage Payments Laws
Equal Pay Act
Overview
Elements of a Violation
Employer's Defenses
Remedies
Family and Medical Leave Act
Overview
Typically Litigated Issues
What is a Serious Health Condition?
Notice Questions
Employee's Reinstatement to the Same or Equivalent Position
Employee Retirement Income Security Act
Overview
Coverage of ERISA
What Is a Plan?
Who Is an Employee?
Reporting and Disclosure Obligations
Pension Plans
Types of Pension Plans
Minimum Plan Design Features
Employee Retirement Income Security Act-Continued
Code Limitations and Nondiscrimination Rules
Plan Termination and Insurance
Amendment of Pension Plans
Welfare Plans
Types of Welfare Benefit Plans
Regulation of Health Plans
Amendment of Welfare Plans
Fiduciary Regulation
Who Is a Fiduciary?
Fiduciary Standards
Prohibited Transactions
Special Issues Regarding 401(k) Plans
Enforcement
Causes of Action Under ERISA
Remedies
Preemption
Unemployment Compensation
Overview of the Program
Coverage
Taxes
Benefits
Qualifying Requirements
Amount of Benefits
Duration of Benefits
Disqualification for Benefits
Administration
Preclusion of Other Claims
Eligibility
Circumstances of Separation
Voluntary Quit
Termination
Unemployment Resulting From a Labor Dispute
Continuing Eligibility
Critical Perspectives
Worker Adjustment and Retraining Notification Act
Coverage
Notice Required
Employer Defenses to the Failure to Give Required Notice
Enforcement
The Regulation of Workplace Health and Safety
Workers' Compensation
Overview
The Exclusivity Principle
Intentional Conduct
The Dual Capacity & Dual Persona Doctrines
Injuries and Occupational Diseases
The Course of Employment
The Personal Comfort Doctrine
The Horseplay Rule
Recreational and Social Events
The Going and Coming Rule
The Special Mission Exception
Premise Line Exception
Employer Conveyance Exception
Travelling Employee Exception
Arising Out of Employment
Increased Risk Test
Actual Risk Test
Positional Risk Test
The Statutory Defense of Willful Misconduct
Occupational Safety and Health Act
Coverage
Procedural Overview
Employer Duties
Standards Promulgation
Establishing a Violation of an OSHA Standard
Specific Duty Clause Violation
General Duty Clause Violation
Employer Defenses
Unpreventable Employee Misconduct
Infeasibility
Greater Hazard
Employee Rights and Responsibilities
Overview of Rights
The Right To Be Free from Retaliation
Employee Responsibilities
Table of Cases
Index
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