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Employment Relationships: Law and Practice Employment Relationships: Law and Practice

Employment Relationships: Law and Practice

By Mark W. Bennett, Howard J. Rubin, Donald J. Polden
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Overview

Employment Relationships: Law & Practice helps professionals prevent, prosecute, or defend lawsuits with expert guidance. It analyzes the state and federal employment laws and recent trends in case law affecting the employment relationship. Topics covered include: federal discrimination law, including ADEA, ADA, the Equal Pay Act, and the Family and Medical Leave Act; sexual harassment, including same-sex harassment; severance pay, golden parachutes and COBRA; employee's fiduciary duties to his employer; employee privacy, with discussions of privacy issues relating to employee e-mail and computer files; tort actions, such as defamation, breach of the covenant of good faith and fair dealing and infliction of emotional distress. Practice pointers throughout this insightful resource provide practical advice from the authors. Employment relationships are covered in three vital ways: complying with federal and state regulation, litigating successfully, and drafting legally sound documents.

Employment Relationships has been updated to include:

  • U.S. Supreme Court case where the Court concluded that states and their political subdivisions are “employers” covered by the Age Discrimination in Employment Act, regardless of whether they had at least 20 employees

  • National Labor Relations Board’s (NLRB’s) decision in SuperShuttle DFW that swings the classification analysis back to its earlier emphasis on the employer’s right to control and less so on the economic realities analysis stressed by the Obama-era Board

  • The U.S. Supreme Court's grant of a petition for writ of certiorari to consider whether Title VII’s exhaustion requirement is jurisdictional or only a claim processing rule that may be subject to waiver, forfeiture, or other equitable defenses

  • Administrative procedures and relief under the principal federal employment discrimination statutes

  • The continuing saga of the NLRB’s efforts to get the “joint employer” rule correct and approved by the United States Court of Appeals for the District of Columbia

  • Updates to employee handbooks to include policies on “Bring Your Own Device” and on bringing guns to work

  •  A new California appellate court decision that suggests that non-solicitation agreements may be unenforceable in California

  • A federal appellate court decision holding that an employer can recover attorneys’ fees for enforcement of a non-compete agreement even though there was no final determination of former employees’ liability under the agreement

  • Enforceability of non-compete provisions that were agreed to by former employees through “click-wrap” acceptance

  • Brief discussion of recent cases in which a state court noted splits among the federal Circuit Courts of Appeals on the extent of constitutional protection for off-duty romantic relationships in government employment

Note: Online subscriptions are for three-month periods.

Pages 1554
Last Updated 06/04/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781567063769
SKU 10044819-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073237
Table of Contents
  • THE EMPLOYMENT RELATIONSHIP
    • The Employer-Employee Relationship
    • The Independent Contractor Relationship
    • Partnership Distinguished
    • The Employment Relationship Under State Statutory Schemes
    • Taxation and the Employment Relationship
  • THE EMPLOYMENT-AT-WILL DOCTRINE AND ITS EXCEPTIONS
    • The At-Will Doctrine
    • Contract Exceptions to At-Will Employment
    • Tort Exceptions to At-Will Employment
    • Special Issues in Public Employment
    • The Model Employment Termination Act
  • EMPLOYMENT CONTRACTS
    • The Employment Contract
    • Common Clauses in Employment Contracts
    • Oral Agreements for Employment
    • Employee Handbooks and Manuals
    • Remedies for Breach of Contract
  • FEDERAL STATUTES PROTECTING EMPLOYEES AND GOVERNING WORKPLACE ACTIVITY
    • Introduction: The Statutory Arsenal
    • Federal Antidiscrimination Statutes: Prohibitions and Scope
    • Administrative Procedures and Relief
    • Litigation
    • Federal Statutes Regulating Safety, Pay, Hours, and Conditions
    • Other Federal Statutory Protections
  • SEXUAL HARASSMENT
    • Hostile Environment Sexual Harassment
    • Quid Pro Quo Sexual Harassment
    • Liability for Sexual Harassment
    • Some Frontiers of Sexual Harassment Law
  • REMEDIES IN EMPLOYMENT DISCRIMINATION LITIGATION
    • Injunctive and Declaratory Relief
    • Remedies for Past Discrimination
    • Prospective Relief
    • Attorneys’ Fees and Costs
    • Tax Consequences
    • Special Problems
  • EMPLOYER/EMPLOYEE RIGHTS AT EXPIRATION OF THE RELATIONSHIP
    • Severance Pay
    • Severance Pay When a Company or Part of a Company Is Sold
    • Rights of Employees Against Successor Corporations
    • Golden Parachutes
    • The Worker Adjustment and Retraining Notification Act (WARN)
    • COBRA
    • Releases
    • Employers' Liability When Information Is Left Out of a Reference
  • COMMON LAW CAUSES OF ACTION
    • Defamation and Privilege
    • Breach of the Covenant of Good Faith and Fair Dealing
    • Fraudulent Inducement
    • Intentional Infliction of Emotional Distress
    • Negligent Hiring and Retention
  • EMPLOYEES' FIDUCIARY DUTIES
    • Fiduciary Duties Defined
    • Fiduciary Duties of Employees
    • The Special Duties of Corporate Officers and Directors
    • Actions for Breach of Fiduciary Duties
    • Remedies for Breach of Fiduciary Duties
    • Defenses for Breach of Fiduciary Duties
    • Third-Party Liability for Employee's Breach of Duty
  • WRONGFUL COMPETITION
    • Causes of Action for Wrongful Competition
    • Interference with an Existing Employment Contract
    • Interference with a Prospective Contractual Relationship or Prospective Economic Advantage
    • Misappropriation of Trade Secrets
  • RESTRICTIVE COVENANTS
    • Scope
    • State Statutory Provisions Concerning Noncompetition Covenants
    • Requirements of a Valid and Enforceable Restrictive Covenant
    • Alternatives to a Complete Prohibition on Competition
    • Special Rules Concerning Professionals
    • Remedies
  • EMPLOYEE PRIVACY INTERESTS
    • Sources and Analyses of Employee Privacy Rights
    • Public vs. Private Sector Employment
    • Character, Conduct, and Abilities
    • Surveillance, Searches, and Investigations
    • Health and Body
  • ALTERNATIVE DISPUTE RESOLUTION (ADR)
    • Internal and External Procedures
    • Compulsory and Exclusive Procedures
    • Enforcement and Review of Settlements and Arbitral Awards
  • INCREASED USE OF TECHNOLOGY IN THE WORKPLACE
    • Risk to the Employer from Network Technology
    • Protecting the Employer: Practical Ways to Manage Added Risks
    • Monitoring Programs and Employee Privacy
    • The Copyright Law and New Technologies
    • Indecency and the Internet
    • Risks and Benefits to Employees from Use or Abuse of Workplace Technology
    • Discovery and Costs of Discovery of Electronic Records
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