Employment Law

This incisive casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on the substance and procedure of employment discrimination law, including in-depth analysis of models of proof under Title VII, and of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation. Particular attention is given to recent important decisions, such as Ricci and Wal-Mart and to recent statutes, particularly the ADA Amendments Act of 2008. Description from Amazon.

A Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws--such as maximum hour laws, minimum wage laws, and night work laws--from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s.

Publisher's description

Concise, readable guidebook for business owners, personnel directors, general managers, and human resources staff who manage Texas employees daily. You will want to keep it by the phone, take it to meetings or to the courtroom. It will assist in decision-making and offer solid guidance on key issues and potential areas of liability.

Publisher's description

This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 11th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through February 2017, accompanied by textual notes and questions that explore issues answered or left unanswered by this jurisprudence. Amazon Description

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.

Publisher's description

Learning Employment Law provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. The book succinctly reviews the historical backdrop of each issue to ensure that students gain the wider understanding necessary to effectively address contemporary problems. The book is comprised of 44 independent Lessons that can be structured by the professor to highlight different themes. Students will be exposed to common law and regulatory regimes, with a focus on the new workplace challenges of the platform economy, outsourced labor, and immigrant labor. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law. Amazon Description

A must- have book for any HR professional, manager or entrepreneur, and the attorneys representing them.

All of Maslanka's popular Employment Field Guides have been updated, revised and gathered into one 1000+ page volume. The eBook edition contains hyperlinks to full text of cases, statutes and other authoritative content. Each chapter shares exclusive commentary gleaned from Professor Maslanka's 34 years as a Texas employment lawyer.

Publisher's description

here are many new realities confronting labor in the United States. Technology is redefining traditional employment, and globalization continues moving manufacturing as well as service jobs to lower-cost jurisdictions. This timely sixth edition discusses the recent political developments that impact American labor, as well as new court cases and the social and economic issues that American workers are confronting. For union and employer representatives and labor lawyers, alike this volume not only describes the labor law system briefly and clearly, but also attempts to further an understanding among workers, unions, and businesses in order to promote an improved working environment. Professor William B. Gould, IV brings to this work more than a half-century of experience as a practicing labor lawyer and academic, as well as practical exposure to the relationship between administrative agencies and the public. Amazon Description

This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.

Publisher's description

In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation's highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution.

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In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy.

The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence―often understood as a triumph for the Left―was in fact a calculated bargain.

America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Employment discrimination law is like a huge jigsaw puzzle albeit one with many missing and mismatched pieces, which are constantly being changed. The purpose of Understanding Employment Discrimination Law is to clarify the differences, uncertainty, and complexity of employment discrimination law. The Second Edition deals with all the watershed Supreme Court decisions since 2002 and otherwise expands and updates the coverage of the prior edition.

Publisher's description

The third edition of Understanding Employment Law continues to strike a balance between comprehensiveness and selectivity. It provides the substantive material needed to succeed in practice and in the classroom and on final examinations, without overwhelming the reader with details that are unduly esoteric or tangential. The book begins first with common-law employment doctrines such as employment-at-will, employment contracts, employment torts, workplace privacy issues, and restrictive covenants. It then turns to federal and state statutory regulation of the workplace, covering topics such as compensation (including wage and hour legislation and unemployment insurance), employee benefits (including leave time, pensions, and health insurance), and workplace safety legislation. The third edition provides an updated approach to a complex and multifaceted legal framework that is continually evolving. Publisher's website.

Understanding Employment Law strikes a balance between comprehensiveness and selectivity. It provides the substantive material needed to succeed in practice and in the classroom and on final examinations, without overwhelming the reader with details that are unduly esoteric or tangential. The book begins first with common-law employment doctrines such as employment-at-will, employment contracts, employment torts, workplace privacy issues, and restrictive covenants. It then turns to federal and state statutory regulation of the workplace, covering topics such as compensation (including wage and hour legislation and unemployment insurance), employee benefits (including leave time, pensions, and health insurance), and workplace safety legislation.

Publisher's description

This Understanding treatise examines the multifaceted and complex law of private-sector Labor Law. Because Understanding Labor Law focuses on relations between management and labor in the private sector, it deals primarily with the National Labor Relations Act, as amended, and its interpretation and application by the federal courts and the National Labor Relations Board. The book is organized in a format that is consistent with the organization of most Labor Law courses. At the end of each chapter is a section titled "Chapter Highlights," summarizing some of the major doctrines discussed in the chapter.

Publisher's description

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?

One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates, and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.

Publisher's description