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ISBN-10 ‏: ‎ 1337555320

ISBN-13 ‏: ‎ 978-1337555326

Author: David Walsh

Packed with cutting-edge cases and hands-on applications, Walsh’s EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE, 6E explains the major issues and rules of employment law in understandable terms. You learn how laws impact your career, as a manager or employee. The text addresses legal issues for each stage of employment, from hiring and managing to firing. Current news stories, hypothetical situations, and real cases help you understand how legal concepts apply to the actual workplace. Each chapter ends with a summary of practical advice for managers. Coverage addresses the most important topics of employment law including the latest legislation, regulations and case law. You learn how to prevent discrimination and harassment, accommodate disabled employees, provide family and medical leave, comply with wage and hour laws, and avoid wrongful terminations and other common legal issues.

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Table Of Content:

Preface
Acknowledgments
PART 1: Introduction to Employment Law
CHAPTER 1: Overview of Employment Law
Heard at the Staff Meeting
U.S. Employment Law Is a Fragmented Work in Progress
Sources of Employment Law
Constitutions
Statutes
Executive Orders
Regulations, Guidelines, and Administrative Decisions
Common Law
Substantive Rights under Employment Laws
Nondiscrimination and Equal Employment Opportunity
Freedom to Engage in Concerted Activity and Collective Bargaining
Terms and Conditions of Employment That Meet Minimum Standards
Protection of Fundamental Rights
Compensation for Certain Types of Harm
Dukowitz v. Hannon Security Services
Determining Which Employment Laws Apply
Public- or Private-Sector Employment
Unionized or Nonunion Workplace
Employer Size
Geographic Location
Government Contracts
Industry and Occupation
Historical Development of U.S. Employment Law
Procedures for Enforcing Employment Laws
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated?
How Long Does the Employee Have to Bring a Case?
Can a Lawsuit Be Brought? By Whom?
Class-Action Lawsuits
Is There an Administrative Prerequisite to a Lawsuit?
Must the Employee Exhaust Internal Dispute Resolution Mechanisms Before Proceeding?
Enforceability of Arbitration Agreements
Chavarria v. Ralphs Grocery Company
Remedies for Violations of Employment Laws
EEOC v. AutoZone
The Role of Managers in Legal Compliance
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 2: The Employment Relationship
The Importance of Determining Whether an Employment Relationship Exists
Who Is an Employee?
Independent Contractors
Keller v. Miri Microsystems
Using Independent Contractors
Temporary Workers
Students and Interns
Glatt v. Fox Searchlight Pictures
Volunteers
Partners
Other Issues Concerning Employee Status
Who Is the Employer?
Agency
Integrated Enterprise
Joint Employers
Salinas v. Commercial Interiors
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 3: Overview of Employment Discrimination
The Continuing Reality of Employment Discrimination
The Concept of Employment Discrimination
Protected Classes
Types of Discrimination
Disparate Treatment: A Closer Look
Types of Disparate Treatment Cases
Pretext: Indirect Method of Analyzing Disparate Treatment Cases
Jones v. Oklahoma City Public Schools
Direct Method of Analyzing Disparate Treatment Cases
Subordinate Bias Theory of Liability
Vasquez v. Empress Ambulance Service
Disparate Impact: A Closer Look
Analyzing Disparate Impact Cases
Retaliation: A Closer Look
Analyzing Retaliation Cases
DeMasters v. Carilion Clinic
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
PART 2: The Hiring Process
CHAPTER 4: Recruitment
Recruitment Methods
Want Ads and Job Announcements
Employment Agencies
Nepotism and Word-of-Mouth Recruiting
Enlisting Day Laborers
Proving Discrimination in Recruitment: Statistical Evidence
NAACP v. North Hudson Regional Fire & Rescue
Affirmative Action
Reasonable Self-Analysis
Reasonable Basis for Affirmative Action
Reasonable Affirmative Actions
Recruiting Foreign Nationals for U.S. Employment
Visa Programs
Labor Trafficking
Application Process
EEOC v. Target Corp.
Preemployment Inquiries
Harrison v. Benchmark Electronics Huntsville
Statements by Employers
Spears v. Amazon.com. KYDC LLC
Statements by Employees
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 5: Background Checks, References, and Verifying Employment Eligibility
Background Checks
Employer Responsibility for Employee Wrongdoing
Negligent Hiring
Navarete v. Naperville Psychiatric Ventures
Privacy Rights and Background Checks
Criminal Records
Credit Reports
Fair Credit Reporting Act
Goode v. LexisNexis Risk & Information Analytics Group
References
Defamation
Thompson v. Bosswick
Negligent Referral
Verifying Employment Eligibility
The Immigration Reform and Control Act
Ketchikan Drywall Services v. Immigration & Customs Enforcement
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 6: Employment Tests
Drug Tests
Drug-Testing Procedures
Use of Drug Test Results
Medical Examinations
Limitations on the Use of Medical Examinations under the ADA
Wright v. Illinois Department of Children & Family Services
Genetic Tests
Polygraphs and Honesty Tests
Scored Tests of Ability
Examining Test Items
Examining Test Results
Establishing That Tests Are Job-Related and Consistent with Business Necessity
EEOC v. Dial Corp.
Determining Appropriate Cutoff Levels for Test Scores
Bauer v. Lynch
Accommodating Disabled Persons in Testing
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 7: Hiring and Promotion Decisions
Facially Discriminatory Policies/Practices: BFOQ Defense
Grounds for Recognizing BFOQs
Ambat v. City & County of San Francisco
Sex-Plus Cases
Affirmative Action Preferences
The Legality of Affirmative Action Preferences under Title VII
Shea v. Kerry
The Legality of Affirmative Action under the U.S. Constitution
Weight and Appearance
Sex stereotyping
Lewis v. Heartland Inns of America
Discrimination against Caregivers
Subjective Criteria
Interviews
Hilde v. City of Eveleth
Offering and Accepting Employment
Promotions
Glass Ceilings
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
PART 3: Managing a Diverse Workforce
CHAPTER 8: Harassment
Harassment as a Form of Discrimination
Because of Sex
Recognizing Harassment
Which Behaviors Constitute Harassment?
Harassment That Results in Tangible Employment Actions
Hostile Environment Harassment
Gerald v. University of Puerto Rico
Are the Harassing Behaviors Unwelcome?
Liability for Harassment
Harassment by Top Officials, Managers, and Supervisors
EEOC v. Management Hospitality of Racine
Hardage v. CBS
Harassment by Coworkers or Third Parties
Eliminating Harassment
Harassment Policies and Complaint Procedures
Responding to Reports of Harassment
Investigating Reports of Harassment
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 9: Reasonably Accommodating Disability and Religion
Reasonable Accommodation of Disability
Disability
Samson v. Federal Express
Reasonable Accommodation
The Process of Reasonably Accommodating Disability
What Makes an Accommodation Reasonable?
Keith v. County of Oakland
EEOC v. Ford Motor Co.
When Does an Accommodation Impose Undue Hardship?
Reasonable Accommodation of Religion
Religion
Failure to Reasonably Accommodate Religion
Davis v. Fort Bend County
Religious Advocacy and Religious Harassment
Religious Organization Exemption
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 10: Work–Life Conflicts and Other Diversity Issues
Leave Policies under the Family and Medical Leave Act
Who Is Entitled to FMLA Leave?
What Are FMLA Qualifying Events?
What Must Employees Do to Obtain Leave?
White v. Beltram Edge Tool Supply
What Does the FMLA Require Employers to Provide?
How Should Employers Respond to Requests for FMLA Leave?
Leave Policies under the Pregnancy Discrimination Act
Young v. UPS
Leave to Perform Civic Duties
Leave for Military Service
Huhmann v. Fed. Express Corp.
Language Requirements and National Origin Discrimination
English Fluency and Accents
English-Only Rules
Discrimination Based on Sexual Orientation and Gender Identity
Protection under Federal Law
Hively v. Ivy Tech Cmty. College of Ind.
Protection under State and Local Laws
Discrimination Based on Gender Identity
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
PART 4: Pay, Benefits, Terms and Conditions of Employment
CHAPTER 11: Wages, Hours, and Pay Equity
Wage and Hour Standards: Fair Labor Standards Act
Minimum Wage
Overtime Pay
Determining Compliance with Wage and Hour Standards
Compensation Received
Compensable Time
Kellar v. Summit Seating
Exemptions from FLSA requirements
White-Collar Exemptions
Pippins v. KPMG LLP
Other Wage Laws
What about Farmworkers?
Limitations on Work Hours
Discrimination in Pay: Equal Pay Act
Proving Pay Discrimination under the Equal Pay Act
Equal Work
Factors Other Than Sex
Riser v. QEP Energy
Salary History
Pay Secrecy Policies
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 12: Benefits
Which Benefits Must Employers Provide?
What Does ERISA Require?
Inform Employees about Their Benefits
Deliver on Promised Benefits
Harrison v. Wells Fargo Bank, N.A.
Provide Claims and Appeals Procedures
Manage Plans Wisely and in Employees’ Interests—Fiduciary Duties
Refrain from Interference or Retaliation
Pensions
Vesting and Participation
Battoni v. IBEW Local Union No. 102 Employee Pension Plan
Types of Pension Plans
Whitley v. BP, P.L.C.
Health Insurance
Health Insurance Reform
Maintaining Coverage: COBRA
Retiree Health Benefits
Discrimination and Benefits
Wellness Programs
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 13: Unions and Collective Bargaining
The Idea of Collective Bargaining
The National Labor Relations Act (NLRA)
Employee Rights under the NLRA
DirecTV v. NLRB
The Boeing Company
Unfair Labor Practices
Union Organizing and Representation Elections
Union Organizing Campaigns
Employer Responses to Union Organizing
AutoNation, Inc. v. NLRB
Representation Election Procedures
Bargaining
Duty to Bargain in Good Faith
NLRB v. Whitesell Corp.
What Happens When Parties Cannot Reach Agreement?
Labor Agreements
Enforcing Labor Agreements: Grievance Procedures and
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 14: Occupational Safety and Health
The Occupational Safety and Health Act
How Safe Is “Safe Enough”?
R. Williams Construction Co. v. OSHRC
SeaWorld of Florida v. Perez
How Is the OSH Act Enforced?
Recording and Reporting Requirements
Mine Safety and Health Act
Preventing Occupational Injuries and Illnesses
Workers’ Compensation
Exclusive Remedy
State Ex Rel. Gross v. Industrial Commission of Ohio
Arising Out of and in the Course of Employment
“Arising Out of Employment”
City of Brighton v. Rodriguez
Responding to Workplace Injuries
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 15: Privacy on the Job
Overview of Workplace Privacy Protections
Constitutional Protection
Common Law Protection
Statutory Protection of Privacy
Handling Records and Employee Information
Personnel Records
Medical Information
Monitoring and Surveillance of Employees
Video Surveillance
Koeppel v. Speirs
Electronic Communications
Ehling v. Monmouth-Ocean Hospital Service Corp.
Investigation of Employee Conduct
Searches
Interviews and Interrogations
Estrada v. Wal-Mart Stores
Polygraphs
Acting on Results of Investigations
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
PART 5: Terminating Employment
CHAPTER 16: Terminating Individual Employees
Constructive Discharge
Employment at Will with Exceptions
Impermissible Grounds for Termination
Breach of an Implied Contract
Reynolds v. Gentry Fin. Corp
Retaliation for an Act Supporting Public Policy
Dorshkind v. Oak Park Place of Dubuque II
Whistleblower Protection Statutes
Rhinehimer v. U.S. Bancorp Invs., Inc.
Discriminatory Termination
Just Cause/Due Process
Unionized Employees
Public Employees
Civil Service and Tenure Laws
Constitutional Protections
Munroe v. Cent. Bucks Sch. Dist.
Montana Wrongful Discharge from Employment Act
Performance Appraisals
Handling Terminations
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
CHAPTER 17: Downsizing and Post-Termination Issues
Downsizing
The Decision to Downsize
Informing Employees Prior to Downsizing: The WARN Act
Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.)
Selecting Employees for Downsizing
Barnett v. PA Consulting Group
Early Retirement Incentives
Effects of Bankruptcy on Employee Rights
Post-Termination Issues
Unemployment Insurance
Restrictive Covenants
NanoMech, Inc. v. Suresh
A Concluding Thought
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
Glossary
Case Index
Subject Index

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