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Employment Law

ISBN-10: 1587784793
ISBN-13: 9781587784798
Edition: 2008
List price: $44.00 Buy it from $16.74
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Description: This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining who are employees (as opposed to independent  More...

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Book details

List price: $44.00
Copyright year: 2008
Publisher: West Academic
Publication date: 4/10/2008
Binding: Paperback
Pages: 330
Size: 6.50" wide x 9.25" long x 0.75" tall
Weight: 1.320
Language: English

This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining who are employees (as opposed to independent contractors); employment contracts; employment torts; workplace privacy; post-termination restraints and workplace intellectual property issues; employee benefits; wage-hour laws; occupational safety; workers' compensation; and unemployment compensation. Introductory chapters are also included on the economic analysis of employment regulation, employment discrimination, union organization, and collective bargaining laws. The book is designed as a complement for all leading casebooks on employment law, in that it approaches the issues in a comprehensive manner that will enable the student to understand how these laws interact in particular cases. Unlike other employment law treatises, this book moves well beyond the descriptive to empower the student in tackling difficult analytical and policy issues in the field.

Gillian Lester is Acting Professor of Law at the University of California, Los Angeles School of Law.

Preface
The Nature of Labor Markets
The Regulation of Labor Markets
The Model of Competitive Labor Markets
Reasons for Regulation of Labor Markets
Redistribution
Evolving Social Norms or Preference Transformation
Correcting "Market Failure"
Objections to Regulation
Modes of Regulation
Taxing and Spending Measures
"Minimum Terms" Laws or Mandates
Regulation of the Process of Bargaining
The Employment Relationship
What is at Stake?
The Nature of the Employment Relationship
Tests for Employee Status
Common Law or "Right of Control" Test
The "Economic Realities" or "Economic Dependency" Test
Areas of Difficulty under the Common Law or "Right of Control" Test
Laws Distinguishing Among Employees
Joint Employment
The Common Law of the Employment Relationship
Contractual Exceptions to Employment At-Will
Presumption of At-Will Employment
Agreements for a Definite Term or for an Indefinite Term Limiting Termination of Employment
General Principles of Contract
Agreements for a Definite Term
Agreements for an Indefinite Term Limiting Termination of Employment
Constructive Discharge and "Wrongful Demotion"
Statute of Frauds
Standard of Cause
Substantive Dimension
Procedural Dimension
Employer Promises Enforceable as a Matter of Promissory Estoppel
Binding Employer Statements
Are Statements in Employment Manuals and Handbooks Binding on the Employer?
Can Employers Modify or Rescind Commitments Made in Previous Unilateral Statements?
Implied Duty of Good Faith and Fair Dealing
Employment Torts
"Bad Faith Breach"
Discharge or Other Discipline in Violation of Clearly Established Public Policy
Common Law
Source of Established Public Policy
Conflicting Duties
Clear Adverse Impact on Public Policy
No Interference with an Alternative Scheme
Legislation
Other Tort Theories for Challenging Termination Decisions
Fraud or Deceit
Wrongful Interference with Contractual Relations
Intentional Infliction of Emotional Distress
Defamation
Publication
Privilege
Absolute Privilege
Qualified Privilege
Workplace Privacy
Constitutional Law
Physical Privacy
Self-Incrimination
Associational Privacy
State Constitutional Law
Legislation
Investigative Techniques
Polygraphs
Telephone Monitoring
Electronic Communication Monitoring
Investigation of Consumer Credit Reports
Areas of Special Concern
Records Privacy
Identity Privacy
"Legal Activity" Laws
Decisional Law
Information, Mobility and Competition
Introduction
Common Law Duty of Loyalty
Trade Secret Law
Definition of a Trade Secret
Improper Acquisition, Use or Disclosure
Inevitable Misappropriation
Remedies
Non-Compete and Other Restrictive Covenants
Legitimate Interests
Reasonable Duration and Scope
Reason for Termination of Employment
Remedies
Judicial Modification
Injunction and Damages
Choice of Law Clauses
Employee Inventions
Statutory Interventions
Workers' Compensation Law
Origins of Workers' Compensation Legislation
Rationale for Regulation
Covered Employers and Employees
Covered Injuries
Express Exclusions
"Arising out of and in the Course of Employment"
Potential Escape Routes from the "Exclusive" Remedy of Workers' Compensation
"Dual Capacity" Employer
Absence of a Remedy under Workers' Compensation
Injuries Outside the "Compensation Bargain"
Challenges
Unemployment Insurance
Overview
Basic Mechanics of UI Programs
Finance
Experience Rating
Procedure
Coverage
Eligibility
Monetary Eligibility
Nonmonetary Eligibility
Voluntary Quits and "Good Cause"
Misconduct
"Able and Available"
Refusal of Employment Opportunities
Collective Organization and Collective Bargaining Law
Rationale for Regulation
Basic Premises
Administrative Procedures
Protected Concerted Activity
Selection of Exclusive Bargaining Representative
The Process of Collective Bargaining
Administering the Labor Agreement
Individual Rights and the Collective Agreement
Union Democracy
Labor Law and Business Change
Wage and Hour Regulation
History
Basic Requirements of the Statute
Minimum Wage
Overtime Premium
Child Labor Restrictions
Anti-Retaliation
Rationale for Regulation
What Counts as Compensation?
What Counts as Work or Hours Worked?
Covered Employers and Employees
Enterprise Coverage
Employee Coverage
Employee vs. Independent Contractor
Employees Personally Engaged in Interstate Commerce
Exemptions
Other Exclusions from Coverage
Administrative Enforcement
Private Enforcement
State Wage Payment Laws
Employment Discrimination Law
Rationale for Regulation
Supply-Side Explanations
Demand-Side Explanations
Role of Anti-Discrimination Law
Title VII
Gender Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
Retaliation
Administrative Process and Remedies
Occupational Safety and Health
Coverage and Regulatory Scheme
Covered "Workplace" and "Working Conditions"
Limited Preemption of State Law
Exclusive Agency Enforcement
Rationale for Regulation
Standards
Setting the Standard
Securing Compliance with OSHA Standards
General Duty Clause
Inspections
Protection Against Discrimination
Conclusion
Employee Benefits Law
Overview
Rationale for Regulation
Why Do Employers Provide Pensions?
Why Regulate?
Implications of the Shift to DC Plans
Coverage Issues
Covered "Plans"
Eligible "Participants"
Preventing Forfeiture of Pension Benefits
Vesting Rules
Minimum Funding Requirements
Prohibition of Discharge for Attaining or Exercising Pension Rights
Regulating the Rate of Accrual of Pension Benefits
No Cut-back of Accrued Benefits
PBGC Termination Insurance
Reporting and Disclosure Obligations
Fiduciary Obligations
Determining Fiduciary Status
"Dual Hat" Issues
Giving Advice to Employee Participants
Making Benefit Determinations
Amending the Plan
Promoting Employer Stock
Fiduciary Investing: Prudence
Fiduciary Investing: Duty of Loyalty and "Exclusive Benefit" Rule
Non-"Interference" Obligations
Application to Welfare Benefit Plans
Application to "Basic Organizational Decisions"
"Specific Intent" Requirement
Targeted Benefit Plan Changes
ERISA Preemption of State Law
State Mandates Not Requiring Ongoing Administration of a Plan
State Mandates Regulating "Payroll Practices"
State Regulation of Insurance
State Regulation of Practices Violative of Federal Discrimination Law
Arguable Shift Towards Narrower Scope of ERISA Preemption
Personal Leave Law
Introduction
Basic Requirements
Notice and Designation of Leaves
Interaction of FMLA with the Americans with Disabilities Act
Paid Leave and Other Policy Issues
Table of Cases
Index

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