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    Employment law / Richard Carlson, South Texas College of Law, Scott A. Moss, University of Colorado School of Law.

    • Title:Employment law / Richard Carlson, South Texas College of Law, Scott A. Moss, University of Colorado School of Law.
    •    
    • Author/Creator:Carlson, Richard R. (Richard Ray), 1954-
    • Other Contributors/Collections:Moss, Scott A., 1973-
    • Published/Created:New York : Wolters Kluwer Law & Business, [2013]
    • Holdings

       
    • Library of Congress Subjects:Labor laws and legislation--United States.
    • Edition:Third edition.
    • Description:xxvi, 971 pages ; 26 cm.
    • Series:Aspen casebook series.
    • Notes:Includes indexes.
    • ISBN:9781454816072
      1454816074
    • 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.
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