Labor & Employment Law: West Study Aids

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.

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.

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.

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.

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 Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The sixth edition includes significant focus on the Americans with Disabilities Act (ADA), including its 2008 Amendment and accompanying regulations. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments and two recent Supreme Court cases under the IDEA.

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.