Employment Law Update, 2019 Edition

Employment Law Update, 2019 Edition analyzes recent developments in case law of interest to employment law practitioners representing plaintiffs, defendants, and labor unions and comprehensively covers recent developments in the rapidly changing employment and labor law field.

Comprised of ten chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2019 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution.

Some of the new material discussed in this 2019 Edition includes:

• How the U.S. Department of Labor enforces federal whistleblower statutes
• Recent case law circumscribing arbitration, which can, potentially, deprive non-union workers of fundamental statutory and constitutional rights
• Recent German embrace of minimum wage law
• Efforts by legislatures, administrative agencies, courts, and public interest groups to transform the “soft law” of the U.N. Guiding Principles on Business and Human Rights into “hard law” binding multinational corporations
• Special problems relating to aviation personnel who blow the whistle
• Protection for disabled veterans under the ADA and the USERRA
• Evolving framework for enforcing the rights of the LGBT population
• Transnational labor law applicable to expatriates
• Application of multinational firms’ codes of conduct across national borders
• Application of differing systems of employee rights and obligations to floating employees

Previous Edition: Employment Law Update, 2018 Edition ISBN 9781454898931

Chapter 1
FEDERAL WHISTLEBLOWER COMPLAINTS
Henry H. Perritt, Jr.

§ 1.01 Introduction

§ 1.02 Federal Statutes Prohibiting Retaliation for Whistleblowing

§ 1.03 OSHA Procedure

§ 1.04 Suing

§ 1.05 Deference

§ 1.06 Handling a Federal Whistleblower Case for a Complainant

§ 1.07 Handling a Whistleblower Complaint for a Respondent

 

Chapter 2
ESCAPING THE CLUTCHES OF ARBITRATION
Henry H. Perritt, Jr.

§ 2.01 Introduction

§ 2.02 The Nature of Arbitration

§ 2.03 Employment Contexts

§ 2.04 Historical Context

§ 2.05 Arbitration Statutes

§ 2.06 Effect of Arbitration Awards Deciding Statutory Claims

§ 2.07 Arbitration Wears Out its Welcome

§ 2.08 Unconscionability

§ 2.09 Cost of Arbitration

§ 2.10 Inequality of Bargaining Power

§ 2.11 Invalidation of Class Action Waivers
 

 

Chapter 3
THE FAIR LABOR STANDARDS ACT AND GERMANY’S
MINDESTLOHNGESETZ; A COMPARATIVE APPROACH
Lorenz C. Schuwerack

§ 3.01 Introduction

§ 3.02 Background and Economic Theories

§ 3.03 Germany

§ 3.04 United States of America

§ 3.05 Comparison

§ 3.06 What Can We Learn from Each Other?

§ 3.07 Implications for Practitioners

 

Chapter 4
IMPOSING LIABILITY ON EMPLOYERS UNDER THE SHADOW OF
THE UNITED NATIONS GUIDING PRINCIPLES ON BUSINESS &
HUMAN RIGHTS
Lavanga V. Wijekoon
Michael G. Congiu

§ 4.01 Introduction

§ 4.02 The UN Guiding Principles

§ 4.03 Legislative Efforts

§ 4.04 Efforts in the Courtroom

§ 4.05 Civil Society’s Efforts

§ 4.06 Conclusion

 

Chapter 5
COMPLAINING ABOUT SAFETY LAPSES; ASKING FOR HELP IN
THE AVIATION INDUSTRY
Henry H. Perritt, Jr.

§ 5.01 Introduction

§ 5.02 Safety and Economic Regulation

§ 5.03 High Accident Rates

§ 5.04 Employer Considerations

§ 5.05 Countervailing Interests

§ 5.06 Whistleblower Statutes

§ 5.07 False Claims Act

§ 5.08 Occupational and Safety Health Act

§ 5.09 Affordable Care Act

§ 5.10 Mutual Aid and Protection Under the Labor Laws

§ 5.11 Interviews and Reports to the Public

§ 5.12 Calling for Help

 

Chapter 6
DISABLED VETERANS AND THEIR PROTECTIONS UNDER THE
ADA AND USERRA
Christopher L. Cue

§ 6.01 Introduction

§ 6.02 Americans with Disabilities Act

§ 6.03 USERRA

§ 6.04 Intersection of the ADA and USERRA with Veterans with PTSD

§ 6.05 Conclusion

 

Chapter 7
EXTENDING CIVIL RIGHTS PROTECTIONS TO THE
TRANSGENDER COMMUNITY: ARE YOUR FACILITIES AND
PERSONNEL PREPARED?
Andrew J. Goldberg
Darin M. Williams

§ 7.01 Introduction

§ 7.02 Background

§ 7.03 The Cresting Surge Toward Protection of Gender Identity and Sexual
Orientation Under Title VII

§ 7.04 Employers Should Take Proactive Steps to Stay Abreast of the Trend
Toward Broad Inclusion of LGBT Rights

 

Chapter 8
HOW TO CRAFT A GLOBAL “CODE OF CONDUCT”— INTERNAL
CODE OF BUSINESS ETHICS OR SUPPLY CHAIN LABOR CODE
Donald C. Dowling Jr.

§ 8.01 Introduction

§ 8.02 External Supply Chain Labor Code of Conduct

§ 8.03 Drafting an Internal Code of Business Conduct or Ethics

§ 8.04 How to Implement a Global Code of Business Conduct or Ethics

 

Chapter 9
HOW TO STRUCTURE GLOBAL MOBILITY ASSIGNMENTS,
EXPATRIATE POSTINGS, AND CROSS-BORDER SECONDMENTS
Donald C. Dowling Jr.

§ 9.01 Introduction

§ 9.02 Who Is and Is Not an Expatriate?

§ 9.03 Four Available Expatriate Structures

§ 9.04 Selecting the Best Expatriate Structure

§ 9.05 Written Expatriate Agreements

§ 9.06 Global Mobility Assignment Structures

 

Chapter 10
HOW TO ENGAGE A “FLOATING EMPLOYEE” TO WORK
REMOTELY FROM A COUNTRY WHERE THE EMPLOYER IS NOT
LICENSED TO CONDUCT BUSINESS OR ISSUE PAYROLL
Donald C. Dowling, Jr.

§ 10.01 Introduction

§ 10.02 The Case for Compliance

§ 10.03 Payroll Laws

§ 10.04 Corporate Registration and Tax Law (“Permanent Establishment”)

§ 10.05 Licensing

§ 10.06 Immigration and Employment Law

§ 10.07 Advice for Practitioners