Employment and Labor Law (South-Western Legal Studies in Business Academic)

A comprehensive introduction to employment and labor relations law, EMPLOYMENT AND LABOR LAW is ideal for non-legal students and professionals. Excerpts from real case law throughout the book illustrate how labor-related disputes arise and get resolved in the courts. And, eye-opening chapter features like The Working Law and Ethical Dilemma demonstrate how labor legislation and ethical decision-making can impact companies today. Complete with the most up-to-date information on the ADA Amendments Act, ERISA Amendments under the Obama Administration's 2009 economic stimulus plan, the Lilly Ledbetter Fair Pay Act, and much more, no other book combines such balanced coverage with an accessible, reader-friendly approach. 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Committed Workplace Torts 61 Defamation: Libel and Slander 62 Tortious Infliction of Emotional Distress 67 Tortious Interference with Contract 70 Retaliatory Demotion 72 Theft of Trade Secrets 73 Chapter Review 77 Chapter 4 Employee Privacy Rights in the 21st Century 83 Privacy Rights in the Employment Area 84 Requests for Information from Third Parties 88 Requests for Medical Information 91 Internal Investigations 93 Personnel Files 97 Chapter Review 101 Chapter 5 The Global Perspective: International Employment Law and American Immigration Policy 107 International Employment Law and Policy 107 Global Labor Unions 113 Immigration Law and Policy 116 Chapter Review 126 Part 2 EQUAL EMPLOYMENT OPPORTUNITY 134 Chapter 6 Title VII of the Civil Rights Act and Race Discrimination 135 Title VII of the Civil Rights Act of 1964 135 Unintentional Discrimination: Disparate Impact 139 Seniority and Title VII 151 Mixed-Motive Cases Under Title VII 155 Retaliation Under Title VII 156 Affirmative Action and Title VII 157 Other Provisions of Title VII 162 Chapter Review 163 Chapter 7 Gender and Family Issues: Title VII and Other Legislation 168 Gender Discrimination 168 Gender Discrimination in Pay 175 Pregnancy Discrimination 185 The Family and Medical Leave Act 187 Sexual Harassment 194 Chapter Review 213 Chapter 8 Discrimination Based on Religion and National Origin & Procedures Under Title VII 218 Discrimination on the Basis of Religion 218 Discrimination Based on National Origin 228 Enforcement of Title VII 236 Burdens of Proof: Establishing a Case 243 Chapter Review 260 Chapter 9 Discrimination Based on Age 265 The Age Discrimination in Employment Act 265 Chapter Review 282 Chapter 10 Discrimination Based on Disability 287 The Americans with Disabilities Act 287 Qualified Individual with a Disability 289 Definition of Disability 289 Medical Exams and Tests 293 Reasonable Accommodation 293 Defenses Under the ADA 298 Enforcement of the ADA 300 The Rehabilitation Act 300 Chapter Review 312 Chapter 11 Other EEO and Employment Legislation: Federal and State Laws 318 The Civil Rights Acts of 1866 and 1870 318 Executive Order No. 11246 321 Employment Discrimination Because of Military Service: The Uniformed Services Employment and Reemployment Rights Act 323 The National Labor Relations Act 328 Constitutional Prohibitions Against Discrimination 328 Other Employment Legislation 335 Chapter Review 346 Part 3 LABOR RELATIONS LAW 350 Chapter 12 The Rise of Organized Labor and Its Regulatory Framework 351 Labor Development in America 351 Recent Trends in the Labor Movement 355 Legal Responses to the Labor Movement 357 The Development of the National Labor Relations Act 360 The National Labor Relations Act 366 The National Labor Relations Board 369 Chapter Review 391 Chapter 13 The Unionization Process 396 Exclusive Bargaining Representative 396 Representation Elections 409 Chapter Review 418 Chapter 14 Unfair Labor Practices by Employers and Unions 423 Section 7: Rights of Employees 424 Sections 8(A)(1) and 8(B)(1): Violation of Employee Rights by Employers or Unions 430 Other Unfair Labor Practices 458 Chapter Review 466 Chapter 15 Collective Bargaining 471 The Duty to Bargain 471 Subject Matter of Bargaining 481 Antitrust Aspects of Collective Bargaining 494 Chapter Review 497 Chapter 16 Picketing and Strikes 503 Pressure Tactics 503 The Legal Protection of Strikes 504 National Emergencies 528 Chapter Review 529 Chapter 17 The Enforcement and Administration of the Collective Agreement 536 Arbitration 536 The Courts and Arbitration 539 Changes in the Status of Employers 551 Bankruptcy and the Collective Agreement 556 Chapter Review 566 Chapter 18 The Rights of Union Members 572 Protection of the Rights of Union Members 572 Rights of Union Members 586 Chapter Review 595 Chapter 19 Public Sector Labor Relations 603 Government as Employer 603 Federal Government Labor Relations 606 State Public Sector Labor Relations Legislation 623 Public Employees and First Amendment Free Speech Rights 628 Chapter Review 632 Part 4 EMPLOYMENT LAW ISSUES 637 Chapter 20 Occupational Safety and Health 638 Policy and Processes of the Occupational Safety and Health Act 639 Chapter Review 664 Chapter 21 The Employee’s Safety Nets: Unemployment and Workers’ Compensation, Social Security, and Retirement Plans 670 Unemployment Compensation 672 Workers’ Compensation 676 Social Security 680 Employee Retirement Income Security Act (ERISA) 683 Chapter Review 689 Chapter 22 The Fair Labor Standards Act 694 Background of the FLSA 695 Origin and Purpose of the Fair Labor Standards Act 697 Chapter Review 718 Appendices 722 Appendix A: Civil Rights Act of 1964 722 Appendix B: Text of Title 42 U.S.C. Section 1981 737 Appendix C: Extracts from the Age Discrimination in Employment Act 739 Appendix D: Extracts from the Family and Medical Leave Act 750 Appendix E: Extracts from the Americans with Disabilities Act 761 Appendix F: Extracts from the Rehabilitation Act 772 Appendix G: Text of the Genetic Information Nondiscrimination Act 777 Appendix H: Text of the National Labor Relations Act 787 Appendix I: Text of the Labor Management Relations Act 800 Appendix J: Text of the Labor-Management Reporting and Disclosure Act of 1959 810 Glossary 826 Index of Cases 832 Index of Subjects 834

EMPLOYMENT AND LABOR LAW is comprehensive introduction to employment and labor relations law. Case law excerpts throughout the book illustrate how labor-related disputes arise and get resolved in the courts, while chapter features like The Working Law and Ethical Dilemma demonstrate how labor legislation and ethical decision-making impact companies today. Complete with the most up-to-date information on the ADA Amendments Act, ERISA Amendments under the Obama Administration's 2009 economic stimulus plan, the Lilly Ledbetter Fair Pay Act, and much more, no other book combines such balanced coverage with an accessible, reader-friendly approach.

Booknews

This text provides an introduction to US employment and labor law for students of business, human resources, and industrial relations. Throughout the text, legal cases are used to illustrate principles relating to equal employment opportunity, employment law, and labor relations law. A sampling of topics includes commonly committed workplace torts; wrongful discharge; discrimination based on race, religion, age, and disability; occupational safety and health; the Employee Retirement Income Security Act (ERISA); the National Labor Relations Board; collective bargaining; and the rights of union members. The volume does not contain bibliographical references. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Offers a comprehensive introduction to employment and labor relations law. This book is suitable for students of business and other non-legal professions. It uses real case excerpts to encourage critical reasoning and illustrate how labor-related disputes arise and get resolved in the courts.