Employment Law

The Center for Computer-Assisted Legal Instruction (CALI) hosts and facilitates the creation of CALI Lessons, a library of over 950 interactive legal tutorials written by law professors and geared towards law students. CALI is a 501(c)(3) non-profit consortium of law schools, law libraries and related organizations. Almost every United States law school is a member of CALI and they make up the bulk of our membership.

Incorporating professional skills and ethics into the traditional workplace law course is a critical but challenging undertaking. This easy-to-use book simplifies the effort, offering eleven discrete exercises designed to help students develop skills in the key areas of drafting, counseling, negotiation and advocacy. Each exercise involves a different substantive area of workplace law, including covenants-not-to compete, wage and hour law, employment discrimination, whistleblower protection and general common law and tort principles. The book is flexible enough to supplement any doctrinal casebook, or can be used to teach a stand-alone skills course. Students learn tasks such as: •Conducting an intake interview with a terminated employee•Drafting a discrimination complaint•Negotiating the terms of a non-compete agreement•Conducting a workplace investigation•Revising an employee handbook•Advising an employer on a legal compliance issue•Writing a demand letter in a collective wage and hour action.

This book provides an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives–based on history, economics, and critical social theory–to explain both the complexities and the tensions inherent in existing law. The new edition of this book addresses several major developments in the field. Liability for retaliation has largely expanded under Title VII and other statutes, some of which do not explicitly prohibit this form of discrimination. The Supreme Court continues to refine the requirement of proof of intentional discrimination in individual cases, relying outside of the main prohibitions in Title VII on a test of “but for” causation. In class actions, the decision in Wal-Mart Stores, Inc. v. Dukes has redefined the circumstances in which a class action can be certified and re-examined how the procedural requirements for certification interact with the merits of the plaintiff’s claims. Affirmative action has come under renewed scrutiny in two decisions by the Supreme Court in Fisher v. University of Texas, resulting in ambivalent signals about the standards for assessing the constitutionality of affirmative action plans. The Court’s decisions on gay marriage have implications for the coverage of the laws against employment discrimination, as revealed by recent controversies over transgender rights. All of these major developments, and others as well, are covered in the new edition of this book.

Like all the volumes in the Stories collection, this book provides students with a three-dimensional picture of the most important cases that are addressed in nearly every employment discrimination casebook and course. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and insight into their long-term impact on the development of employment discrimination law.

Designed for use with any casebook, 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 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.

Part of the Hornbook Series. 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.

Publisher's 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 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.

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 substantially revised treatment of discrimination law, expanded discussion of employment-based health care, and takes into account a number of recent Supreme Court decisions and the use of executive orders. It further addresses how employment law directly impacts the modern economy, discussing how this area of the law effects on-demand workers in the technology sector.

This employment law supplement enables students to apply employment law concepts in a realistic lawyering context. Simulated practice problems facilitate the development of fact-finding, analytical, advocacy, ethical client counseling, negotiation, and strategic thinking skills. Research exercises expand student research skills and reinforce the importance of state law and administrative law and guidance. The twenty-two exercises address employment discrimination, wages, hours, conditions of work, individual employment rights, and group terminations. Topics include the administrative process, the use of arrest and conviction records during the hiring process, child labor, deductions from wages, surveillance on employees’ out-of-work activities, non-competition agreements, severance agreements, WARN Act notices, and more.

Employment law is fast emerging as a dominant area of practice and concern. This exciting new Law Stories title provides behind-the-scenes descriptions of the landmark cases — the litigants, the lawyers, the strategy — that helped shape this growing field. This is an account of emerging law from the ground up. The objective is to help the student understand that, well before appellate judges are involved, the basic narrative and the doctrinal/policy potential of the case has been set by the decisions of litigants and their representatives. Several chapters are also devoted to the story behind some of the principal statutes in the area.

This text is designed to assist students -- both law and undergraduate -- to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.

The topics covered in this Labor Law legal studies outline are statutory foundations of present labor law (including National Labor Relations Act (NLRA), Taft-Hartley, Norris-LaGuardia Act, and Landrum-Griffin Act), organizing campaigns, selection of the bargaining representative, collective bargaining (including negotiating the agreement, lockouts, administering the agreement, and arbitration), strikes, boycotts, and picketing. Other topics include concerted activity protected under the NLRA, civil rights legislation, grievance, federal regulation of compulsory union membership arrangements, state regulation of compulsory membership agreements, "right to work" laws, discipline of union members, election of union officers, and corruption.

This book focuses on developing issues in international, comparative, and transnational employee benefits law. It is divided into four areas that practitioners will need to become familiar with in order to thrive in our increasingly global economy and legal practice: sovereignty and jurisdictional issues involving the Employee Retirement Income Security Act (ERISA); public and private pension issues with emphasis on the trend toward privatization and defined contribution plans; public and private health care issues surrounding national health care systems and private health insurance schemes; and the intersection between employment discrimination laws throughout the world and global employee benefit law issues.

This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Accessible to both professors and law students, the primary material is enhanced by brief notes and questions. The book can be assigned or recommended as optional reading to supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.

This book is designed to facilitate the introduction of international, transnational, and comparative law issues into an employment law course. The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic employment law course.

This comprehensive guide reviews the early regulations set up to guide employee-employer relations and provides a snapshot of the structure and procedures of the modern-day National Labor Relations Board (NLRB). Expert commentary offers insight into primary legal issues such as picketing, employer responses, and the duty to bargain.

This one-volume, concise treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019.

Labor Law Stories tells the story of the development of labor law over the course of nearly seventy years, beginning with one of the earliest cases under the National Labor Relations Act, Mackay Radio, and ending with one of the most recent, Hoffman Plastic. The book includes cases from the major topics in a basic or advanced course on Labor Law, and describes not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved and their advocates, and how the law they made through litigation sometimes had an impact on others, and sometimes did not.The authors interviewed dozens of participants in the fourteen cases addressed in the book, including union organizers; company managers; lawyers for unions, companies, and the NLRB; members of the NLRB; and Supreme Court clerks.

This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.

This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven 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. Chapter 6 examines workplace health and safety. Finally, Chapter 7 discusses the expanding role of arbitration in the resolution of employment disputes.

This Concise Hornbook explains the intricate doctrines and frameworks of proof that courts have developed in interpreting federal employment discrimination statutes. It provides in-depth treatment of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Designed for use by law students, scholars, and practitioners, the book identifies the critical elements of disparate treatment and disparate impact theory and proof requirements for claims of harassment and retaliation. Separate sections address distinctive issues relating to religious discrimination, pregnancy and caregiver discrimination, pay equity suits and discrimination based on sexual orientation and gender identity. The book covers U.S. Supreme Court precedents as well as developments and trends in the lower courts.