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9780766835863

Labor and Employment Law

by
  • ISBN13:

    9780766835863

  • ISBN10:

    0766835863

  • Format: Paperback
  • Copyright: 2003-07-14
  • Publisher: Cengage Learning

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Supplemental Materials

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Summary

Those who will find great value in Employment Law range from paralegals and business students to employers and human resources professionals. The book does an exceptional job of presenting a general overview of the myriad areas of employment law that would likely be encountered in the workplace. By including statutes, historical references and online resources, the book is designed to cover a complex area of law in a very user-friendly format. It introduces such important areas of law as workers? compensation, workplace torts, discrimination, wage and hour issues, OSHA and other federal employment laws. Charts and graphs are used in a such a way that readers will fully comprehend and retain the wealth of information in Employment Law.

Table of Contents

Table of Authorities
xi
Preface xix
Acknowledgments xxiii
About the Author xxv
The Basics
1(17)
The Federal System
1(2)
United States Constitution
2(1)
Separation of Powers
2(1)
Structure of the Court System
3(1)
Structure of the Executive Branch
4(2)
Principles of Statutory Construction
6(3)
Analysis of Legal Problems
9(3)
Case Analysis
12(1)
Professional Responsibility
12(6)
Paralegal's Obligation
12(1)
Client Confidentiality
13(1)
Other Corporate Issues
13(2)
Client Relations with Law Firms
15(1)
Fees
16(2)
The Employer and Employee Relationship
18(10)
Common Law Standards
18(3)
Internal Revenue Service Rules
21(5)
Vicarious Liability
26(2)
Employment At Will And its Exceptions
28(16)
Employment at Will
28(2)
Implied Contracts
30(3)
Promissory Estoppel
33(4)
Public Policy
37(4)
Duty of Good Faith and Fair Dealing
41(3)
Workplace Torts and Other Remedies
44(21)
Tortious Interference with Contract
44(2)
Intentional Infliction of Emotional Distress
46(5)
Defamation in the Workplace
51(2)
Job References
53(1)
Other Torts
54(2)
Drug Testing
56(1)
Whistle-Blowing
57(3)
Negligent Hiring
60(5)
Workers' Compensation: History and System Basics
65(16)
History
65(3)
Employer's Duties
66(1)
The Unholy Trinity
67(1)
Early Legislation
68(1)
Insurance Concept
69(4)
System Basics
73(1)
Causes of Action Not Covered
74(4)
Federal Workers' Compensation
78(3)
Workers' Compensation: Scope of Coverage
81(23)
Work Relatedness
82(10)
Arising Out of Employment
82(2)
In the Course of Employment
84(8)
Employee Misconduct
92(4)
Statutory Defenses
93(1)
Horseplay
93(2)
Self-Inflicted Injuries
95(1)
The Quantum Theory of Work Relatedness
96(1)
Range of Compensable Consequences
97(1)
Occupational Disease
97(3)
Limitation Periods
99(1)
Last Injurious Exposure
100(1)
Stress and Mental Health Illness
100(4)
Workers' Compensation and Claims Procedures
104(25)
Medical Benefits
104(1)
Disability Benefits
105(7)
Temporary Partial Disability
108(1)
Temporary Total Disability
108(1)
Permanent Partial Disability
108(1)
Permanent Total Disability
109(3)
Death Benefits
112(1)
Hearing and Appeal Procedures
113(1)
Initial Claims
113(1)
Notice Provisions
113(9)
Filing a Claim
122(1)
Appeal Process
123(2)
Appeal to Board or Commission
125(1)
Settlements
125(1)
Judicial Review
125(1)
Reopening and Modification of Awards
126(1)
Retaliation
127(2)
Fair Labor Standards Act
129(42)
Historical Context
129(7)
The ``Court-Packing'' Plan
136(4)
History of the Passage of the Fair Labor Standards Act
140(1)
Court Challenge
141(2)
Statutory Structure
143(3)
Coverage and Exemptions
146(5)
Portal to Portal Act
151(2)
Bona Fide Executive, Administrative, or Professional Employee
153(7)
Equal Pay Act
160(1)
Child Labor
161(1)
Enforcement and Remedies
162(2)
Retaliation
164(7)
Unemployment Compensation
171(30)
History of the Act
171(1)
Statutory Language
172(1)
State Certification
173(7)
Denial of Unemployment Benefits
180(10)
Misconduct
180(2)
Just Cause
182(4)
Good Cause for Quitting
186(3)
Retirement
189(1)
Work Search and Availability Requirements
190(1)
First Amendment Prohibitions
190(6)
Procedures for Claims Processing
196(1)
Standards of Review
196(1)
Due Process
197(1)
``When Due''
198(1)
Trade Readjustment Allowance
198(1)
Worker Adjustment and Retraining Notification
199(2)
Collective Bargaining
201(44)
History of the Labor Movement
201(10)
Railroad Strikes 1877
204(1)
Haymarket
204(1)
The Homestead Steel Strike
205(1)
Pullman Palace Car Strike
206(4)
Bloody Ludlow
210(1)
Coal Battles of West Virginia
210(1)
National Labor Relations Act
211(5)
Federal Preemption
215(1)
Definitions
216(1)
Rights of Employees
217(16)
Concerted Protected Activity
220(1)
Right to Organize
220(4)
Bargaining Units and Supervisory Status
224(1)
Elections
225(1)
Right to Bargain Collectively
226(1)
Grievance Process
227(3)
Employee Discipline
230(3)
Union Unfair Labor Practices
233(3)
Strikes
233(3)
National Labor Relations Board
236(9)
Discrimination: The Statutes
245(27)
Title VII
246(5)
Definitions
246(2)
Race
248(1)
National Origin
249(1)
Gender
249(2)
Religion
251(1)
Prohibitions
251(11)
Race and Racial Harassment
252(1)
Sexual Harassment
253(7)
Gender Stereotypes
260(1)
Religion
260(2)
Retaliation
262(1)
Age Discrimination
262(1)
Disability
263(4)
Reasonable Accommodation
267(1)
Damages
267(2)
42 U.S.C. § 1981
269(3)
The Analytical Framework: McDonnell Douglas and Its Progeny
272(20)
Allocations of Burdens in Civil Cases
272(1)
Three Patterns for Discrimination Cases
272(1)
Analytical Framework for Disparate Treatment Cases
273(1)
The Prima Facie Case
273(3)
Employer's Burden
276(10)
Proving Pretext
279(7)
Direct Evidence of Discriminatory Intent
286(1)
Mixed Motive Cases
287(1)
Retaliation
287(1)
Disparate Impact
288(1)
Pattern and Practice Cases
289(3)
Enforcement Procedures
292(16)
Equal Employment Opportunity Commission
292(4)
Dual Filing States
296(1)
Time for Filing Charges
296(12)
Filing in Court
303(5)
Civil Service and Civil Rights in the Public Sector
308(26)
Civil Service
308(5)
History and Creation of the Civil Service System
308(1)
Structure of the Civil Service System
309(1)
Protections within the System
309(2)
Federal Merit System
311(1)
Appeal Rights
311(1)
Appellate Procedure
312(1)
The Hatch Act
312(1)
Constitutional Rights---Due Process
313(3)
Liberty Interest
316(1)
First Amendment Protections
316(11)
Political Beliefs and Affiliations
317(2)
Public Employee Freedom of Speech
319(3)
Rights of Action and Sovereign Immunity
322(1)
The Reconstruction Statutes
322(2)
42 U.S.C. § 1985
324(2)
Statutes of Limitations
326(1)
Sovereign Immunity and Other Employment Statutes
327(4)
Public Employees Collective Bargaining
331(3)
Occupational Health and Safety Act
334(23)
Statutory Structure
334(18)
Standards
335(2)
Inspections, Investigation, and Record Keeping
337(5)
Employee Protections
342(2)
Citations
344(8)
Penalties
352(1)
Mine Health and Safety Act
352(5)
Black Lung
355(2)
Erisa and Other Federal Statutes
357(24)
Employee Retirement Income Security Act
357(10)
Definitions
357(1)
Requirements of the Act
358(2)
Fiduciaries
360(6)
Enforcement and Penalties
366(1)
Preemption
366(1)
Pension Benefit Guaranty Corp.
367(1)
Family Medical Leave Act
368(3)
Immigration Reform and Control Act
371(3)
Davis-Bacon Act
374(3)
Employee Polygraph Protection Act
377(4)
Glossary 381(8)
Index 389

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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