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.

Employment law encompasses the many common-law, statutory, and constitutional rights and obligations of employers and employees. This course covers most major areas of employment law. Students will learn about hiring, compensation, benefits, supervision.

Labor Law explores the federal scheme of private-sector labor relations under the National Labor Relations Act (NLRA), including employees’ right to organize, union-employee relations, and collective-bargaining agreement formation and enforcement.

This book responds to a sea change in federal civil rights law. Its focus is on the recent decisions on affirmative action, almost entirely rejecting it as a component of the admissions process at colleges and universities. This book analyzes the likely implication of these decisions for employment discrimination law. It also addresses other dramatic changes in federal law brought about by the Supreme Court, notably on the issues of abortion and religious liberty. This book aims to give students, professors, and practitioners a sense of the implications of these landmark decisions, whether right or wrong in the opinion of the reader.

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.

Since the last edition of this book, developments have only accelerated as the Supreme Court has decided a series of constitutional decisions with wider and more profound implications for employment discrimination law. Currently pending before the Court is an individual claim of reverse discrimination, which follows hard on the heels of decisions invalidating most forms of affirmative action in higher education. These decisions have implications for class claims of intentional discrimination and of disparate impact, both heavily dependent on statistical evidence of discrimination.

The renewed controversy over abortion, now taking place mainly at the state level, continues to pose problems for employers trying to comply with both state and federal law. Recently enacted statutes, like the Pregnant Workers Fairness Act, seemingly cushion the potential impact of the abortion decision, but in complicating efforts at compliance. Working out the consequences of the Court’s recent constitutional decisions comes down to a delicate balance between theory and practice: theory in preserving a commitment to equal opportunity, and practice, in recognizing that the forms this commitment takes has shifted to more conservative conceptions of equality.

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.

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 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.

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 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 book emphasizes primary materials such as statutes, proposed guest worker legislation, International Labour Organization conventions, Organization for Economic Cooperation and Development guidelines, company codes of conduct, World Trade Organization rulings, AFL-CIO complaints, European Union directives, and Alien Tort Claims Act decisions. The materials have been carefully edited to facilitate classroom discussion and further student research.

Labor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor and employment arbitration. Text focuses on the fundamentals of the labor and employment arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them.

This comprehensive guide 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 one-volume, concise treatise provides a comprehensive overview of federal labor law, focusing on employee rights, union representation campaigns, the collective bargaining process, and internal governance for labor organizations. It is designed for practitioners looking for an introduction to the subject and students working to understand the basics of our national labor policy. It reflects developments from the National Labor Relations Board and federal courts through the end of the Biden Administration, including changes in the regulation of representation elections, workplace speech, and employer disciplinary policies.

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 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.

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.

Gain the advantages of office hours with professors on your own schedule! The West Academic Office Hours series is a collection of short audio and video tracks that tackle some of the thorniest questions plaguing law students. The professors answer students’ most frequently asked office hour questions. With clear and easy-to-understand explanations, these professors will help you reach that “lightbulb” moment of comprehension, just as they have with their own students in their own offices. You now have virtual faculty explanations available at the click of a button! The Office Hours series features a variety of notable law faculty explaining these tough topics in new and thoughtful ways.

Gain the advantages of office hours with professors on your own schedule! The West Academic Office Hours series is a collection of short audio and video tracks that tackle some of the thorniest questions plaguing law students. The professors answer students’ most frequently asked office hour questions. With clear and easy-to-understand explanations, these professors will help you reach that “lightbulb” moment of comprehension, just as they have with their own students in their own offices. You now have virtual faculty explanations available at the click of a button! The Office Hours series features a variety of notable law faculty explaining these tough topics in new and thoughtful ways.

Gain the advantages of office hours with professors on your own schedule! The West Academic Office Hours series is a collection of short audio and video tracks that tackle some of the thorniest questions plaguing law students. The professors answer students’ most frequently asked office hour questions. With clear and easy-to-understand explanations, these professors will help you reach that “lightbulb” moment of comprehension, just as they have with their own students in their own offices. You now have virtual faculty explanations available at the click of a button! The Office Hours series features a variety of notable law faculty explaining these tough topics in new and thoughtful ways.

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.

Everyone wants a piece of Employment Law – federal, state, and local governments; statutes, regulations, and common; tort law, contract law, and don’t forget the Constitution! This book covers it all – in a Short and Happy form! Moving through each phase of the employment relationship, the chapters note the issues which arise for both employees and employers. It’s all here with a quick summary at the end of each chapter. You’ll be a happier student by the end of the book.

If the phrase “in other words” is your favorite part of class, then this is the book for you. This book takes the complicated subject of Employment Discrimination and breaks it down to easily understood pieces. The Big Three statutes! The theories of liability! Defenses! Remedies! Procedures! It’s all here with a summary at the end of each section and a comparison of the different theories of liability. You’ll be a happier student by the end of the book.