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Employment law / Richard Carlson, South Texas College of Law, Scott A. Moss, University of Colorado School of Law.
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Title:Employment law / Richard Carlson, South Texas College of Law, Scott A. Moss, University of Colorado School of Law.
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Author/Creator:Carlson, Richard R. (Richard Ray), 1954-
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Other Contributors/Collections:Moss, Scott A., 1973-
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Published/Created:New York : Wolters Kluwer Law & Business, [2013]
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KF3457 .C37 2013
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Number of Items:1
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Status:c.1 Lost - 12-05-2018
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Labor laws and legislation--United States.
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Edition:Third edition.
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Description:xxvi, 971 pages ; 26 cm.
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Series:Aspen casebook series.
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Notes:Includes indexes.
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ISBN:9781454816072
1454816074
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Contents:Machine generated contents note: ch. 1 Overview Of Employment And The Law
A. Changing Nature of Work in America
1. Changing Workforce
2. Changing Workplace
3. Changing Employee Expectations
a. Compensation and Fringe Benefits
b. Tenure and Career Advancement
B. Alternative Legal Systems for Regulating Employment Relations
1. Individual Contract
2. Collective Bargaining
3. Statutory Protection of Employees
4. Law of the Public Workplace
C. Complications Created by Employment for an Indefinite Duration
In re Halliburton Co.
Notes and Questions
ch. 2 Who Is An Employee And Who Is The Employer?
A. Employee/Independent Contractor Problem
National Labor Relations Board v. Hearst Publications, Inc.
Notes and Questions
Federal Tax Laws
State Tax Laws and the "ABC" Test
Notes and Questions
Problem
Other Nonemployees
B. Who Can Be Employed?
1. Children
Reich v. Shiloh True Light Church of Christ
Notes and Questions
Exemptions and the Lawfully Employed Child
International Child Labor Problem
Bureau of International Labor Affairs, U.S. Department of Labor, Addressing the Worst Forms of Child Labor
Notes
2. Aliens
Collins Food Int'l, Inc. v. Immigration and Naturalization Service
Notes and Questions
Hoffman Plastic Compounds, Inc. v. NLRB
Notes and Questions
C. Who Is the Employer?
Black v. Employee Solutions, Inc.
Amanare v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Notes and Questions
Zheng v. Liberty Apparel Co.
Notes and Questions
Corporate Families and the "Single Employer" Theory
Papa v. Katy Industries, Inc.
Notes and Questions
Problem
ch. 3 Selection Of Employees
A. Overview
B. Duties to Third Parties in the Selection of Employees
Wise v. Complete Staffing
Notes and Questions
C. Statutory Prohibitions Against Employment Discrimination
1. Background
2. Proving Discriminatory Intent
McDonnell Douglas v. Green
Notes and Questions
Price Waterhouse v. Hopkins
Notes and Questions
3. Discriminatory Inquiries
Griffin v. Steeltek, Inc.
Notes and Questions
Problem
4. Disparate Impact
Griggs v. Duke Power Co.
Notes and Questions
Problem
5. Affirmative Action
Johnson v. Transportation Agency
Notes and Questions
6. Reasonable Accommodation
Opuku-Boateng v. State of California
Notes and Questions
U.S. Discrimination Law and Multinational Employers
D. Beyond Discrimination: Inaccuracy and Intrusion
1. Overview
a. Inaccuracy
Doe v. SmithKline Beecham Corp.
Note
SmithKline Beecham Corp. v. Doe
Notes and Questions
b. Intrusion
Norman-Bloodsaw v. Lawrence Berkeley Lab
Notes and Questions
Common Law and Constitutional Rights of Privacy of Applicants and Employees
2. Background Investigations
Obabueki v. International Business Machines Corp.
Notes and Questions
FCRA Coverage and Obligations in the Employment Context
Notes and Questions
Problem
3. Drug Testing
Loder v. City of Glendale
Notes and Questions
4. Polygraph Examinations and Other Tests of Honesty and Character
Veazey v. Communications & Cable of Chicago, Inc.
Notes and Questions
Karraker v. Rent-A-Center, Inc.
Notes and Questions
Problem
5. Genetic Screening: Is the Future Now?
E. Screening Employers: Placement Agencies
Keck v. American Employment Agency
Notes and Questions
ch. 4 Compensation And Benefits
A. Wages and the Labor Market
Todd v. Exxon Corp.
Notes and Questions
B. Contractual Rights
1. Individual Bargaining
Martin v. Mann Merchandising, Inc.
Notes and Questions
Russell v. Board of County Comm'rs, Carter County
Notes and Questions
2. Collective Bargaining
J. I. Case Co. v. NLRB
Notes and Questions
Beyond Collective Bargaining: Other Protected "Concerted Activities"
Concerted Action on the Internet
Office of the General Counsel National Labor Relations Board
Employee's Facebook Postings Were Part of Protected Concerted Conduct
Employees' Facebook Postings About Tax Withholding Practices Were Protected Concerted Activity
Bartender Who Posted Facebook Message About Employer's Tipping Policy Was Not Engaged in Concerted Activity
Notes and Questions
C. Statutory Minimums and Remedies
1. Minimum Wage and Overtime Laws: Basic Requirements
a. Rates
Overnight Motor Transport Co. v. Missel
Notes and Questions
Problems
b. Exempt vs. Nonexempt
Wage and Hour Division, Department of Labor, Final Rule: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Notes and Questions
2. What Compensation Counts?
McComb v. Shepard Niles Crane & Hoist Corp.
Notes and Questions
3. What Hours Count? Allocating the Cost of Unproductive Time
Dinges v. Sacred Heart St. Mary's Hospitals, Inc.
Notes and Questions
Problems
4. Allocating Expenses and Losses
a. Employment Contract and the FLSA
Arriaga v. Florida Pacific Farms, L.L.C.
Notes and Questions
b. State Wage Payment and Deduction Laws
Hudacs v. Frito-Lay, Inc.
Notes and Questions
5. Enforcement and Remedies
a. FLSA
b. State Wage Payment Laws
Notes and Questions
c. Class and Collective Wage Actions
Clausnitzer v. Federal Express Corp.
Notes and Questions
Ansoumana v. Gristede's Operating Corp.
Notes and Questions
Employee Liability to an Employer for Business and Property Losses
Problem
Day Laborers and Migrant Farm Laborers
D. Deferred and Contingent Compensation
1. Risk of Forfeiture
Twiss v. Lincoln Tel. & Tel. Co.
Notes and Questions
2. Retirement and Welfare Benefits: ERISA and Related Federal Laws
a. Securing the Right to Benefits
Moeller v. Bertrang
Notes and Questions
Problem
Introduction to ERISA, COBRA, and HIPAA: Protection Against Loss or Interruption of Benefits
i. Securing Benefits Against the Risk of Employment Termination
ii. Securing Benefits Against the Risk of Insolvency
iii. Securing Benefits Against Alienation
b. Deciding Benefit Claims: Ensuring Fairness and Accountability
Firestone Tire & Rubber Co. v. Bruch
Notes and Questions
Problem
c. Medical Benefit Claims: Special Issues
d. Fiduciaries and Fiduciary Duties
Varity Corp. v. Howe
Notes and Questions
HMO Physicians as Fiduciaries
e. Interference and Retaliation
Lessard v. Applied Risk Management
Notes and Questions
Problem
f. Discrimination in Benefits
i. ERISA's Nondiscrimination Rules
ii. Other Employment Discrimination Laws
In Re Union Pacific R.R. Employment Practices Litigation
Notes and Questions
Benefits Discrimination on the Basis of Disability
3. Retirement and Welfare Benefits: Rights and Remedies Under State Law
Aetna Health Inc. v. Davila
Notes and Questions
ch. 5 Workplace Safety And Health
A. Workplace Safety and Health at the Beginning of the Modern Regulatory Era
Judson Maclaury, Government Regulation of Workers' Safety and Health
B. Compensation for Work-Related Injuries
1. Introduction: The Workers' Compensation Scheme
New York Central Railroad Co. v. White
Notes and Questions
National Academy of Social Insurance, Workers' Compensation: Benefits, Coverage, and Costs, 2009
Notes and Questions
Texas "Opt-Out" Model: Return to the Common Law?
2. Accidental Injury
Stillman v. Workers' Compensation Board
Technical Tape Corp. v. The Industrial Comm'n
Notes and Questions
Dallas Indep. Sch. Dist. v. Porter
Notes and Questions
Problem
3. Occupational Disease and Other Progressive Injuries
Brunell v. Wildwood Crest Police Dept.
Brunell v. Wildwood Crest Police Department
Stango v. Lower Township Police Department
Notes and Questions
4. Disqualification
Carey v. Bryan & Rollins
Notes and Questions
5. Employer Interference with Access to Benefits
Swearingen v. Owens-Corning Fiberglas Corp.
Notes and Questions
Problems
6. Preserved Tort Claims
a. Third-Party Liability: Who's an Employee and Who's the Employer?
b. Employer Liability
Mead v. Western Slate, Inc.
Notes and Questions
C. Preventive Regulation: Occupational Safety and Health Law
1. Overview
Emily A. Spieler, Perpetuating Risk? Workers' Compensation and the Persistence of Occupational Injuries
Notes and Questions
2. Establishing Employer Duties
a. General Duty Clause
National Realty & Construction Co. v. OSHRC
Notes and Questions
b. Standards
A.F.L.-C.I.O. v. Occupational Safety and Health Administration
1. Technological Feasibility
2. Economic Feasibility
Notes and Questions
From Feasibility to Cost-Benefit Analysis Under the OSH Act
Notes and Questions
3. Employee Self-Help
a. Individual Employee Action
Whirlpool Corp. v. Marshall
Notes and Questions
b. Concerted Employee Action
NLRB v. Washington Aluminum Co.
Notes and Questions
4. Employer Rights
Marshall v. Barlow's, Inc.
Notes and Questions
5. Employee Selection and Occupational Safety
a. Accident-Prone Employee
b. Injury/Illness Prone Employee
Chevron U.S.A. Inc. v. Echazabal
Notes and Questions
Contents note continued: ch. 6 Management And Supervision Of The Workforce
A. Rights and Duties of Supervision
1. Employer Control and Employee Autonomy
Kelley v. Johnson
Notes and Questions
City of San Diego v. Roe
Notes and Questions
Statutory Protection for "Off-Duty" Conduct
Notes and Questions
2. Duties of Supervision
a. Negligent Supervision and Third Parties
Kristie's Katering, Inc. v. Ameri
Notes and Questions
b. Abusive Supervision
GTE Southwest, Inc. v. Bruce
Notes and Questions
Intentional Infliction of Emotional Distress and Workers' Compensation Law
c. Sexual Harassment
Burlington Industries, Inc. v. Ellerth
Notes and Questions
What Is Unlawful Harassment?
Notes and Questions
Problems
B. Intrusive Investigation of Employees
1. Interrogation
Kelly v. West Cash & Carry Bldg. Materials Store
Notes and Questions
2. Interrogation and the Law of Collective Bargaining
IBM Corp.
Notes and Questions
3. Investigatory Polygraph Examinations
Blackwell v. 53rd-Ellis Currency Exch.
Notes and Questions
Problem
4. Investigatory Searches
O'Connor v. Ortega
Notes and Questions
Investigatory and Random Substance Abuse Tests
Reasonableness of the Method of Testing: The Problem of Direct Observation
BNSF Ry. Co. v. U.S. Dept. of Transp.
Notes and Questions
5. Surveillance
Vega-Rodriguez v. Puerto Rico Tel. Co.
Notes and Questions
Problem
Employee Communications and Transmitted or Stored Data
Fraser v. Nationwide Mut. Ins. Co.
Notes and Questions
Problem
6. Third Party Investigations of Alleged Wrongdoing: The Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act
C. Negligent Investigation
Mission Petroleum Carriers, Inc. v. Solomon
Notes and Questions
Problem
ch. 7 Accommodating Personal, Family, And Civic Needs
A. Introduction
B. Personal Needs
Miller v. At&T Corp.
Notes and Questions
Problems
C. Family Obligations
1. Sick Child Leave
Seidle v. Provident Mut. Life Ins. Co.
Notes and Questions
2. Leave to Care for Adult Family Members
Notes and Questions
Problems
3. Is Leave Needed for Care?
Fioto v. Manhattan Woods Golf Enters., Llc
Notes and Questions
Problem
4. Leave for Newborn or Newly Placed Children
5. Time Off for Breastfeeding
6. Leave When Family Members Are Called to Active Duty
D. Restoration, Noninterference, and Nondiscrimination
Bachelder v. America West Airlines, Inc.
Notes and Questions
E. Civic Duties
1. Military Service
a. Overview
b. Rights and Benefits of Employment: How Does Military Leave "Count"?
Rogers v. City of San Antonio
Notes and Questions
Problem
2. Jury Duty
ch. 8 Employment Security
A. Introduction
How the New Economics Can Improve Employment Discrimination Law, and How Economics Can Surivive the Demise of the "Rational Actor"
Employment at Will Doctrine
B. Overcoming the Presumption
1. Employer Promises of Job Security
Toussaint v. Blue Cross & Blue Shield of Michigan
Notes and Questions
Ohanian v. Avis Rent A Car System, Inc.
Notes and Questions
Pugh v. See's Candies, Inc.
Notes and Questions
Montgomery County Hosp. Dist. v. Brown
Notes and Questions
What Is "Good" or "Just" Cause?
Problems
2. Employer Countermeasures
a. Disclaimers
Guz v. Bechtel Nat'l, Inc.
Notes and Questions
b. Modification or Revocation
In re Certified Question (Bankey v. Storer Broadcasting Co.)
Notes and Questions
Problems
3. Should the Issue of Job Security Be Left to the Agreement of the Parties?
Stewart J. Schwab, Life-Cycle Justice: Accommodating Just Cause and Employment at Will
Notes and Questions
Wakefield v. Northern Telecom, Inc.
Notes and Questions
Guz v. Bechtel Nat'l, Inc.
Notes and Questions
4. Extracontractual Remedies
a. Promissory Estoppel
Roberts v. Geosource Servs., Inc.
Notes and Questions
b. Fraudulent Inducement
Stewart v. Jackson & Nash
Notes and Questions
b. Third Party Tortious Interference
Sterner v. Marathon Oil Co.
Notes and Questions
c. Discharge for an Illegal Reason: Status Discrimination
St. Mary's Honor Ctr. v. Hicks
Notes and Questions
Problems
d. Discharge for an Illegal Reason: Retaliation Against Protected Employee Conduct
i. Defining Public Policy and Protected Conduct
Banaitis v. Mitsubishi Bank, Ltd.
Notes and Questions
Austin v. Healthtrust, Inc.
Notes and Questions
Protected Conduct: An Employee's Means of Supporting Public Policy
Problem
ii. Employee Action Pursuant to Employment Duty
Garcetti v. Ceballos
Notes and Questions
iii. Employee Good Faith
Wichita County v. Hart
Notes and Questions
iv. Employee's Prima Facie Case and the Problem of Employer Knowledge
v. Adverse Retaliatory Action
Burlington Northern & Santa Fe Ry. v. White
Notes and Questions
e. Other Employer Torts in the Course of Discharge
C. Alternative Job Security Schemes
1. Public Employment and Civil Service Laws
Cleveland Bd. of Educ. v. Loudermill
Notes and Questions
2. Just Cause Provisions of Collective Bargaining Agreements
United Paperworkers Int'l Union, AFL-CIO v. Misco, Inc.
Notes and Questions
D. Mitigating the Impact of Termination of Employment
1. Employee's Reputation: Defamation and Stigmatization
a. Common Law Defamation
Churchey v. Adolph Coors Co.
Notes and Questions
b. Stigmatization by a Public Entity
Putnam v. Keller
Notes and Questions
Problem
2. Unemployment Compensation
a. Overview of the Unemployment Compensation System
b. Disqualification by Misconduct
Greenberg v. Director, Employment Security Dept.
Perry v. Gaddy
Notes and Questions
Matter of Francis
Notes and Questions
c. Disqualification Because of Resignation
Wimberly v. Labor & Industrial Rel. Comm'n of Missouri
Notes and Questions
3. Collective Terminations
a. Restrictions Against Employer Restructuring
Local 1130, United Steelworkers of America v. U.S. Steel Corp.
Notes and Questions
b. Worker Adjustment and Retraining Notification Act
Wilson v. Airtherm Products, Inc.
Notes and Questions
ch. 9 Protecting The Employer's Interests
A. Implied Employer Rights and Employee Duties
1. Employee's Implied Duty of Loyalty
Jet Courier Serv., Inc. v. Mulei
Notes and Questions
2. Inventions and Trade Secrets
a. Employer's Shop Right
McElmurry v. Arkansas Power & Light Co.
Notes and Questions
Problems
b. Employer's Trade Secrets
Pepsico, Inc. v. Redmond
Notes and Questions
B. Express Contractual Limits on Resignation and Competition
1. Express Limits on Resignation
Med+Plus Neck & Back Pain Ctr., S.C. v. Noffsinger
Notes and Questions
2. Express Agreements Restricting Competition
a. Problems in Formation
Central Adjustment Bureau, Inc. v. Ingram
Notes and Questions
Enforcement of "Unreasonable" Covenants
Problems
b. Balancing Employer, Employee, and Public Interests
Gillian Lester, Restrictive Covenants, Employee Training, and the Limits of Transaction-Cost Analysis
Notes and Questions
Ronald Gilson, The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, and Covenants Not to Compete
Notes and Questions
C. Interstate Enforcement Problems
Advanced Bionics Corp. v. Medtronic, Inc.
Notes and Questions
ch. 10 Resolution Of Employment Disputes
A. Informal Adjustment of Rights and claims
Lynn's Food Stores, Inc. v. United States
Notes and Questions
Older Workers' Benefit Protection Act
Oubre v. Entergy Operations, Inc.
Notes and Questions
Problems
B. Overlapping Remedies and Proceedings
1. Time Limits for Formal Action
International Union of Elec., Radio & Mach. Workers, AFL-CIO, Local
v. Robbins & Myers, Inc.
Notes and Questions
2. Duplicative Remedies
a. Federal Preemption of State Law
Lingle v. Norge Div. of Magic Chef, Inc.
Notes and Questions
b. Statutory Preemption of Common Law Remedies
Gottling v. P.R. Inc.
Notes
c. Multiple Forums and the Problem of Issue Preclusion
C. Arbitration as a Final Resolution of Statutory Claims
At & T Mobility Lie v. Concepcion
Notes and Questions
E.E.O.C. v. Waffle House, Inc.
Notes and Questions
D. Mediation
Vivian Berger, Employment Mediation in the Twenty-First Century: Challenges in a Changing Environment.