Labor and Employment Law Desk Book, 2000 Supplement Edition

by Prentice Hall

• ISBN13: 9780130124210
• ISBN10: 0130124214
• Format: Paperback
• Copyright: 1999-10-01
• Publisher: Wolters Kluwer

Table of Contents

Preface	p. iii
How to Use This Supplement	p. v
National Labor Relations Act and Related Laws
Introduction to the Labor Management Relations Act	p. 2
Jurisdiction of the National Labor Relations Board	p. 2
LMRA Coverage	p. 2
LMRA--Preemption and Conflicts	p. 3
Employer Interference with Protected Activities--Section 8(a)(1) Violations	p. 4
Employer Domination and Retaliation--Sections 8(a)(2) and 8(a)(4) Violations	p. 6
Employer Discrimination and Discharge--Section 8(a)(3) Violations	p. 7
Protected Concerted Activities	p. 9
Union Restraint of Employee Rights--Section 8(b)(1) Violations	p. 10
Coercion to Entice Employer Discrimination--Section 8(b)(2) Violations	p. 11
Secondary Boycotts--Section 8(b)(4)(a), (b) and (c) Violations	p. 12
Jurisdictional Disputes, Informational Picketing, and Other 8(b) Violations	p. 12
Introduction to Collective Bargaining	p. 13
Duty to Bargain: Employer's Obligations	p. 14
Collective Bargaining: Union's Obligations	p. 16
How to Process an Unfair Labor Practice Charge	p. 17
The Unfair Labor Practice Hearing	p. 18
Unfair Labor Practices: Post-Hearing Proceedings	p. 18
Representation Petitions for Certification	p. 19
Pre-election Representation Hearings	p. 20
The NLRB Election Process	p. 21
Interference with NLRB Elections	p. 21
Objections and Challenges to NLRB Elections	p. 22
Decertification, Deauthorization, and Unit Clarification Petitions	p. 22
The Labor Management Reporting and Disclosure Act	p. 23
Labor Arbitration	p. 24
Railway Labor Act	p. 25
Federal Service Labor-Management Relations Act	p. 26
Miscellaneous Labor Relations Act	p. 26
Federal Anti-Discrimination Laws and Executive Orders
Civil Rights Act of 1964, Title VII	p. 28
Civil Rights Act of 1991	p. 30
Unfair Employment Practices	p. 32
Protected Characteristics Discrimination	p. 33
Sexual Harassment Legislation and Litigation	p. 36
Harassment in the Workplace	p. 41
How to Process a Title VII Claim	p. 44
Defenses to a Title VII Claim	p. 46
Recordkeeping and Notice-Posting Requirements Under Title VII	p. 48
Related EEO Protective Laws	p. 48
Federal Age Discrimination in Employment Act (ADEA)	p. 50
How to Process and Defend an ADEA Claim	p. 54
Equal Pay Act	p. 56
Veterans' Reemployment Rights	p. 57
The Rehabilitation Act of 1973 and Related Discrimination Bans in Federal Programs	p. 60
Americans with Disabilities Act	p. 61
Federal Anti-Discrimination Executive Orders	p. 76
Enforcement of Executive Order 11246 and Related Laws	p. 72
Federal Wage and Hour Laws
Introduction to the Fair Labor Standards Act	p. 80
Minimum Wage Requirements Under the FLSA	p. 80
Overtime Pay Requirements Under the FLSA	p. 82
Child Labor Laws Under the FLSA	p. 82
FLSA Administration, Enforcement, and Recordkeeping	p. 83
Miscellaneous Federal Wage and Hour Laws	p. 84
Federal Safety and Health Laws
Introduction to the Federal Occupational Safety and Health Act	p. 86
OSHA Standards	p. 86
OSHA Enforcement	p. 89
OSHA Hearings and Review	p. 90
Federal Mine Safety and Health Act	p. 90
Federal Environment Laws	p. 91
Federal Retirement, Welfare, and Privacy Laws
Introduction to the Employee Retirement Income Security Act	p. 94
Participation, Vesting, and Funding Requirements Under ERISA	p. 97
Fiduciary Requirements of ERISA	p. 98
Multi-Employer Pension Plans	p. 100
ERISA Recordkeeping, Reporting, and Disclosure Requirements	p. 100
ERISA Administration and Enforcement	p. 101
Federal Social Security and Related Programs	p. 103
Federal Unemployment and Workers' Compensation Laws	p. 104
Federal Privacy and Related Laws	p. 104
IRCA, WARN, and Drug-Free Workplace Legislation	p. 105
Family and Medical Leave Act of 1993	p. 107
State Labor Laws
Introduction to State Labor and Employment Laws	p. 120
Employment-at-Will Developments	p. 120
Torts in the Workplace	p. 120
Alabama Labor and Employment Laws	p. 121
Alaska Labor and Employment Laws	p. 124
Arizona Labor and Employment Laws	p. 128
Arkansas Labor and Employment Laws	p. 133
California Labor and Employment Laws	p. 136
Colorado Labor and Employment Laws	p. 141
Connecticut Labor and Employment Laws	p. 145
Delaware Labor and Employment Laws	p. 149
District of Columbia Labor and Employment Laws	p. 152
Florida Labor and Employment Laws	p. 155
Georgia Labor and Employment Laws	p. 160
Hawaii Labor and Employment Laws	p. 163
Idaho Labor and Employment Laws	p. 166
Illinois Labor and Employment Laws	p. 169
Indiana Labor and Employment Laws	p. 174
Iowa Labor and Employment Laws	p. 178
Kansas Labor and Employment Laws	p. 181
Kentucky Labor and Employment Laws	p. 185
Louisiana Labor and Employment Laws	p. 188
Maine Labor and Employment Laws	p. 192
Maryland Labor and Employment Laws	p. 195
Massachusetts Labor and Employment Laws	p. 199
Michigan Labor and Employment Laws	p. 203
Minnesota Labor and Employment Laws	p. 208
Mississippi Labor and Employment Laws	p. 214
Missouri Labor and Employment Laws	p. 217
Montana Labor and Employment Laws	p. 222
Nebraska Labor and Employment Laws	p. 225
Nevada Labor and Employment Laws	p. 228
New Hampshire Labor and Employment Laws	p. 231
New Jersey Labor and Employment Laws	p. 234
New Mexico Labor and Employment Laws	p. 239
New York Labor and Employment Laws	p. 241
North Carolina Labor and Employment Laws	p. 248
North Dakota Labor and Employment Laws	p. 251
Ohio Labor and Employment Laws	p. 254
Oklahoma Labor and Employment Laws	p. 259
Oregon Labor and Employment Laws	p. 263
Pennsylvania Labor and Employment Laws	p. 267
Rhode Island Labor and Employment Laws	p. 271
South Carolina Labor and Employment Laws	p. 276
South Dakota Labor and Employment Laws	p. 280
Tennessee Labor and Employment Laws	p. 283
Texas Labor and Employment Laws	p. 289
Utah Labor and Employment Laws	p. 295
Vermont Labor and Employment Laws	p. 297
Virginia Labor and Employment Laws	p. 301
Washington Labor and Employment Laws	p. 305
West Virginia Labor and Employment Laws	p. 309
Wisconsin Labor and Employment Laws	p. 312
Wyoming Labor and Employment Laws	p. 316
Cumulative Index	p. 321
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