Employment Law

by Schwab, Stewart J.

• ISBN13: 9781558348585
• ISBN10: 1558348581
• Edition: 2nd
• Format: Hardcover
• Copyright: 1998-01-01
• Publisher: Lexis Pub

Table of Contents

Preface to the Second Edition	vii
Preface to the First Edition	ix
Table of Contents	xvii
Part I. Introduction to Employment Law
Themes of Employment Law	3	(8)
Legal Boundaries of the Employment Relationship	11	(38)
Employees Versus Independent Contractors	11	(18)
Covered Employees	29	(11)
Covered Employers	40	(9)
Part II. The Rise and Fall of Employment at Will
Historical Foundations of Employment at Will	49	(20)
Contract Erosions of Employment at Will	69	(56)
Express Modification of At-Will Contracts, Written and Oral	70	(18)
Reliance and Implied-in-Fact Contracts	88	(15)
Employment Manuals	103	(10)
Disclaimers	113	(12)
Tort Erosions of Employment at Will	125	(54)
Wrongful Discharge in Violation of Public Policy	125	(40)
International Infliction of Emotional Distress	165	(14)
Good Faith Limitations on Employment at Will	179	(28)
The Future of Wrongful Discharge Law	207	(34)
A Return to Employment at Will	207	(5)
Rationalizing the Contemporary Cases	212	(5)
The Legislative Future	217	(6)
Arbitration of Employment Claims	223	(18)
Part III. Employee Privacy
Free Speech and Privacy Protections of Government Workers	241	(26)
Free Speech and Privacy Protections in the Private Sector	267	(100)
Protections While on the Job	267	(22)
Protections for Activities While Away From the Job	289	(26)
Polygraphs and Honesty Testing	315	(31)
Employer References---Defamation and Other Torts	346	(21)
Part IV. Employee Duties and Promises
Trade Secrets and Duty of Loyalty	367	(14)
Enforcement of Noncompetition Clauses	381	(18)
Employee Inventions	399	(22)
Part V. Prohibitions on Status Discrimination
Policy Rationales for Prohibitions on Status Discrimination	421	(24)
Traditional Analysis	421	(7)
Economic Analysis	428	(6)
Critical Legal Studies Analysis	434	(2)
Feminist Analysis	436	(9)
Legal Models of Discrimination	445	(94)
Disparate Treatment	445	(49)
Disparate Impact	494	(10)
Reasonable Accommodation	504	(35)
Applying the Legal Models of Discrimination	539	(74)
Sex Discrimination	539	(26)
Age Discrimination	565	(14)
Affirmative Action and the Problems of Remedies	579	(26)
Enforcing the Federal Discrimination Laws	605	(8)
Part VI. Regulation of Compensation
Wages and Hours Legislation	613	(88)
The History of Wage and Hour Regulation in the United States	613	(19)
The Fair Labor Standards Act	632	(53)
The Family and Medical Leave Act	685	(12)
Wage Payment Laws	697	(4)
Unemployment and Unemployment Insurance	701	(66)
Sketches of the Unemployed	701	(3)
The Unemployment Insurance Program	704	(18)
Disqualifications From UI Benefits	722	(20)
Federal Regulation of Plant Closings	742	(25)
Part VII. Employee Benefits
Pensions	767	(76)
The Problem with Pensions	767	(8)
Protecting Employees from Forfeiture---The Basics and a Variation	775	(13)
Gender Equity	788	(6)
Fiduciary Duties	794	(20)
Plan Terminations	814	(24)
Retirement Security and Employer-Sponsored Pensions	838	(5)
Employer-Provided Health Insurance	843	(88)
ERISA Preemption	843	(10)
Preemption and the Limits of ERISA Enforcement	853	(24)
Portability	877	(13)
Health Care Coverage For Individuals with Disabilities	890	(12)
Retiree Health Care	902	(18)
Public Policy Initiatives	920	(11)
Part VIII. Prevention and Compensation of Workplace Injuries and Diseases
The Prestatutory Approaches	931	(12)
The Labor Market	931	(5)
Tort Suits	936	(7)
Workers' Compensation	943	(170)
The Origins of Workers' Compensation	943	(12)
An Overview of Current Workers' Compensation Programs	955	(6)
The Exclusivity of Workers' Compensation	961	(25)
Which Injuries are Compensable?	986	(47)
Which Diseases are Compensable?	1033	(6)
Injuries and Diseases for which Compensability is Problematic	1039	(14)
Cash and Medical Benefits	1053	(45)
The Delivery System	1098	(8)
Assessment of Workers' Compensation	1106	(7)
The Occupational Safety and Health Act	1113	(152)
An Overview of the Act	1114	(6)
Substantive Criteria for Evaluation of OSHA Standards	1120	(12)
Interim Standards and Emergency Temporary Standards	1132	(4)
Promulgating Permanent Standards	1136	(42)
The General Duty Clause	1178	(18)
Enforcement	1196	(16)
Employee Rights and Responsibilities	1212	(17)
Federal Versus State Authority for Workplace Safety and Health	1229	(30)
Assessment of the Occupational Safety and Health Act	1259	(6)
Rethinking the Approaches to the Prevention and Compensation of Workplace Injuries and Diseases	1265	(16)
Table of Cases	1281	(12)
Index	1293