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Employment Law Update, 2019 Edition by Henry H. Perritt, Jr. Chicago-Kent College of Law, at the Illinois Institute of Technology Employment Law Update, 2019 Edition by Henry H. Perritt, Jr. Chicago-Kent College of Law, at the Illinois Institute of Technology

Employment Law Update, 2020 Edition

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Overview

Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field.

Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution.

Highlights of coverage in this 2020 Edition include:

  • Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules.
  • Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated.
  • How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements.
  • The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states.
  • The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace.
  • The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors.
  • Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights.

Note: Online subscriptions are for three-month periods.

Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452

Pages 366
Last Updated 02/22/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543808452
SKU 10045178-0003
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073240
Table of Contents

Chapter 1 - CONSISTENT AND PREDICTABLE SCHEDULING: A MOVE TO BALANCE THE NEEDS OF WORKERS WITH A BUSINESS OWNER'S DESIRE FOR FLEXIBILITY AND CONTROL by Andrew S. Goldberg  and Christina Jaremus

  • PREDICTIVE SCHEDULING
  • PREDICTIVE SCHEDULING ORDINANCES
  • THE COUNTRY DIVIDES IN EMBRACING OR REJECTING PREDICTIVE SCHEDULING
  • NAVIGATING PREDICTIVE SCHEDULING PRACTICES IN ONE OR MORE FAIR WORKWEEK JURISDICTIONS

Chapter 2 - BEING A JERK AS A STATUTORY DISABILITY by Henry H. Perritt, Jr.

  • STATUTORY DISABILITY
  • FRAMEWORK OF ADA
  • CASE LAW
  • CHECKLIST FOR COUNSEL

Chapter 3 - EMPLOYEE RETENTION IN CORPORATE TRANSACTIONS by Benjamin Panter

  • CORPORATE TRANSACTIONS
  • EMPLOYEE CONSIDERATIONS
  • SELLER CONSIDERATIONS
  • BUYER CONSIDERATIONS
  • BUYER STRATEGIES
  • CONCLUSION

Chapter 4 - DON'T JERK THE RUG FROM UNDER ME: PROLIFERATING NON-COMPETE CLAUSES LOSING FAVOR by Henry H. Perritt, Jr.

  • NON-COMPETE CLAUSES FACE PUSHBACK
  • CONTRACTS IN RESTRAINT OF TRADE
  • MARKET DEFINITIONS
  • EXAMPLES OF NON-COMPETE AND CONFIDENTIALITY CLAUSES
  • ANCILLARITY AND CONSIDERATION
  • BALANCING OF INTERESTS
  • REASONABLENESS OF RESTRICTIONS
  • COMMON-LAW TOUCHSTONES OF VALIDITY
  • NEW STATUTORY RESTRICTIONS
  • BLUE PENCILING AND INJUNCTIONS
  • CHOICE OF LAW
  • INDEPENDENT CONTRACTORS

Chapter 5 - A CATEGORICAL MESS: THE NLRB'S WORK RULE JURISPRUDENCE FROM 1998 TO THE PRESENT by Patrick J. Foote

  • NATIONAL LABOR RELATIONS ACT
  • LAFAYETTE PARK HOTEL
  • THE LUTHERAN HERITAGE REFINEMENT
  • BOEING: A NEW PARADIGM
  • CLASSIFICATION OF OTHER CASES ACCORDING TO BOEING RULES

Chapter 6 - TO KNEEL OR NOT TO KNEEL, TO TWEET OR NOT TO TWEET: PROFESSIONAL ATHLETE POLITICAL SPEECH AND SOCIAL MEDIA IN THE WORKPLACE by Nick Ustaski

  • PROFESSIONAL ATHLETES' POLITICAL SPEECH AS EMPLOYEES
  • PROFESSIONAL SPORT ATHLETES USING POLITICAL SPEECH
  • SOCIAL MEDIA WITH PROFESSIONAL ATHLETES IN THE WORKPLACE
  • ELECTORAL POLITICAL SPEECH IN THE WORKPLACE
  • THE PROFESSIONAL TEAMS AND LEAGUE COMMISSIONER'S POWER TO DISCIPLINE
  • PUBLIC EMPLOYER VERSUS PRIVATE EMPLOYER ISSUES AND RELEVANT LAWS REGARDING ELECTORAL POLITICAL SPEECH
  • SOCIAL MEDIA USE IN THE WORKPLACE
  • PROFESSIONAL ATHLETES SHOULD BE DISCIPLINED FOR POLITICAL SPEECH AND SOCIAL MEDIA USE IN THE WORKPLACE
  • CONTINUING LEGAL DEBATE

Chapter 7 - HOW TO CONDUCT AN INTERNATIONAL INTERNAL INVESTIGATION by Donald C. Dowling, Jr.

  • MULTINATIONAL INVESTIGATION ISSUES
  • CONTEXT: THRESHOLD STRATEGIC CONSIDERATIONS IN AN INTERNATIONAL INTERNAL INVESTIGATION
  • PROCESS: THE STAGES AND STEPS FOR CONDUCTING AN EFFECTIVE AND LEGALLY COMPLIANT CROSS-BORDER INTERNAL INVESTIGATION
  • STAGE 1: TAKE PREPARATORY STEPS BEFORE THE INTERNATIONAL INVESTIGATION
  • STAGE 2: RESPOND INITIALLY TO A SUSPICION OR ALLEGATION ARISING ABROAD
  • STAGE 3: INTERVIEW WITNESSES ABROAD
  • STAGE 4: IMPOSE DISCIPLINE, TAKE REMEDIAL MEASURES AND ISSUE COMMUNICATIONS AFTER THE INTERNATIONAL INVESTIGATION
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