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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 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, with a discussion of 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 the chapter provide practical advice from the authors.

Employment Relationships has been updated to include:

  • A discussion of the new U.S Department of Labor policies concerning employee status of unpaid Intern
  • Analysis of the Second Circuit decision in Israel v. Chabra, [601 F.3d 57 (2d Cir. 2010)] addressing two conflicting clauses in an employment agreement—a consent clause and a "no oral modification" clause and concluding that courts should look to which clause is more principal to the contract
  • Consideration of Restatement (Third) of Employment Law draft provisions concerning employee fiduciary duties, wrongful interferences with employment contracts, pre-contract negotiations, and employee "moonlighting" activities
  • Consideration of special problems with class actions in discrimination cases in light of Wal-Mart Stores, Inc. v. Dukes [131 S. Ct. 2541 (2011)]
  • New discussion of the Uniformed Services Employment and Reemployment Rights Act (USERRA) [38 U.S.C. §§ 4301 et seq.]
  • Analysis of the Supreme Court's case examining the reasonableness of searches of e-mails or text messages of public employees in City of Ontario, Cal. v. Quon [130 S. Ct. 2619 (2010)]
Resources Highlight
Last Updated 12/10/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781567063769
SKU 10044819-7777
Resources Highlight
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010011165
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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