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This treatise is the practitioner’s complete resource for bringing and defending age discrimination claims. This book covers essential information such as who is protected under the Age Discrimination in Employment Act, retaliation, hiring, and promotion, litigation strategies, reductions in force, and more.
The 2014 Cumulative Supplement includes updates on significant case law and administrative agency developments through June 30, 2014.
This treatise helps practitioners analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts.
The 2014 Supplement discusses the temporal and geographic limits of enforceable covenants not to compete and the ability of courts to modify covenants that are overbroad as written.
This treatise highlights the rationales labor arbitrators have used in rendering their awards for cases involving absenteeism, insubordination, theft/falsification, off-duty behavior, negligence on the job, possession of drugs, fighting, harassment, and much more. The Third Edition looks in-depth at issues surrounding social media, company mobile devices, and on- and off-duty speech.
This essential reference for labor relations practitioners covers issues including retiree health insurance, employer intellectual property protections, union recognition, and more. References include citations to hundreds of arbitration awards and judicial decisions. It includes tables of all discussed or cited arbitration awards, statutory authorities, and arbitrators.
The 2014 Supplement includes: a new section on social media, a new section on sports arbitration, and discussion of: First Amendment issues in the public sector; proposed changes to NLRB policy on deferral to arbitration; security at hearings.
This treatise offers detailed, annotated coverage of Employee Retirement Income Security Act (ERISA) Titles I and IV; rules of tax qualification, deductibility, and other key tax issues; preemption, with regard to ERISA and medical malpractice and related claims; benefit claims, with regard to evidentiary issues and abuse of discretion in denials; interplay with related legal areas; and effects of sexual orientation and veteran status on benefits.
The 2014 Cumulative Supplement discusses the effect of IRS guidance, in the wake of the Supreme Court’s decision in U.S. v. Windsor, on benefits for same sex spouses in employee benefit plans; the Supreme Court’s holding in Fifth Third Bancorp v. Dudenhoeffer that ESOP fiduciaries are not entitled to a presumption of prudence when allowing a plan to purchase or hold employer stock; agency and regulatory guidance on the Affordable Care Act employer shared responsibility tax, effective beginning in 2015; and agency and regulatory guidance on Affordable Care Act requirements for employee health plan design and operation.
This treatise provides up-to-date analysis, by state, of conduct that breaches and conduct that does not breach the employee duty of loyalty. A question-and-answer reference, it includes discussions of state law, broken out by category of employee—from “mere employees” to “officers and directors.” It includes Finding Lists, detailed chapter contents, appendices containing relevant Restatement excerpts, quotations from the case law, and more.
The 2014 Supplement contains expanded discussion of the interests protected by the employee duty of loyalty and the types of conduct that breach the duty.
This treatise provides a comprehensive analysis of the employment-at-will doctrine in every state. The desk reference uses the same set of topics for each state, facilitating both comparative and single-state research. It is a powerful tool for practitioners articulating their arguments using analogies and examples from the laws of other states.
The supplement highlights developments in various states that have brought clarity to the handling of: renewal provisions in contracts, employees’ personal social media accounts, use of medical marijuana, firearms in motor vehicles, and criminal records. Updates cover: Connecticut, Nevada, Illinois, North Dakota, and Wisconsin.
For more than 35 years, Employment Discrimination Law has been the definitive treatise in this complex and highly detailed area of law. Legal specialists offer analysis from a range of perspectives including management, plaintiff, union, and public practice, providing a balanced presentation of issues surrounding discrimination in the workplace. It offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere.
This supplement updates the main volume to cover significant Supreme Court decisions including: Vance v. Ball State University; Fisher v. University of Texas at Austin; and University of Texas Southwestern Medical Center v. Nassar, covering respectively: harassment by non-supervisors; affirmative action in school admission; and age discrimination and retaliation.
This invaluable resource for both beginning and seasoned labor and employment law practitioners provides guidance on multiple facets of dispute resolution. Guidance covers achieving better outcomes, understanding what mediators and arbitrators are looking for, how neutrals decide arbitration cases, succeeding in mediation and arbitration, and crafting stronger ADR programs and settlement agreements.
For attorneys representing employers and attorneys representing unions alike, this treatise offers a complete roadmap to changing NLRB procedures. It covers procedures for obtaining injunctive relief, guidelines for mail-in ballots, prioritization of and time targets for unfair labor practice cases, procedures to expedite representation cases, rules on attorney misconduct, and rules on settlement judges and bench decisions in unfair labor practice cases.
The 2011 Supplement provides updates on: new and proposed NLRB rules; the Board’s decision on election bar in certain cases; current requirements for filing and service of documents in NLRB proceedings; recent Board decisions on elections; and updates on initiatives of the Acting General Counsel.
This treatise goes beyond the major economies discussed in
Volume I to discuss developments in several European Union-member states, as well as countries in Africa, Asia, the Middle East, Oceania and South America. It covers extraterritorial application of each country’s laws and availability of class action procedures. The extensive bibliography provides additional information on the countries discussed, including Internet sources and addresses of key offices.
This treatise provides vital information about labor law in the world’s major economies. Topics covered include: litigation of international employment disputes, compensation for internationally mobile executives, and negotiation of expatriate employment agreements. Updates in the Fourth Edition cover Brazil, China, France and Japan.
This reference provides practitioners with a complete guide to labor arbitration. It includes insights from specialists representing unions, employees, law firms, and academic institutions.
This valuable collection includes transcripts of labor arbitration hearings for mock trial purposes—with samples of forms for proceedings and cases for review.
This practical training guide for aspiring labor arbitrators contains a primer on arbitration, historical review of arbitrator education, training manual, and selected decisions reflecting diverse issues and writing styles.
This treatise, authored by experts in the field, covers laws and regulations that affect unions, members, and other represented employees, and includes in-depth discussion of the Landrum-Griffin Act (LMRDA).
The supplement addresses developments in the law related to union governance, including court decisions on: what constitutes protected speech for union members; dues increases; and ongoing litigation related to the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Duty of Fair Representation (DFR).
This resource is a complete guide to workplace safety and health law, how it works, and how it affects clients. It covers the Occupational Safety and Health Act (OSH Act), the Mine Safety and Health Act, workers’ compensation laws, whistleblower protection statute, penalties, major cases, and more.
This is the first in a two-volume set of treatises that gives attorneys detailed guidance on drafting and negotiating restrictive covenants and litigating trade secrets issues at the international level. The set helps both attorneys representing employers and representing employees. Volume I explores the differences between the U.S. and European Countries. Each country-specific chapter is authored by an attorney practicing in that country.
The 2014 Cumulative Supplement offers updates on the Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, the Netherlands, Poland, and the United Kingdom.
This is the second in a two-volume set of treatises that gives attorneys detailed guidance on drafting and negotiating restrictive covenants and litigating trade secrets issues at the international level. Volume II explores the differences between the U.S. and countries in the Americas, Asia, the Middle East, Oceania, and Africa in regulating noncompetition and nonsolicitation provisions and in imposing restrictions related to confidential information and trade secrets.
The 2014 Cumulative Supplement offers updates on Australia, Brazil, Canada, China, Hong Kong, India, Indonesia, Malaysia, New Zealand, Saudi Arabia, Singapore, South Africa, Taiwan, and Vietnam.
This treatise gives labor and employment law practitioners essential insight into all the latest updates in U.S. labor law. It covers the legal rights and duties of employees, employers and unions, as well as procedures and remedies under the National Labor Relations Act (NLRA). Updated regularly, it discusses major cases and what might be expected from the Board in the future.
The 2014 Cumulative Supplement addresses such issues as: access to employer property right; the line between valid and invalid work rules; the effect of social media on Section 7 rights; limitations on employee discussions of ongoing employer investigations of employee misconduct; and much more.
This treatise helps practitioners not only understand FLSA coverage and exemptions, but also determine why and how to proceed on a particular course for clients. It provides point-by-point evaluations of each FLSA exemption and discusses such issues as collective action litigation brought under the FLSA by individual private plaintiffs; “hybrid” actions involving both state and federal law claims; and elements of enforcement actions and litigation brought by the Secretary of Labor. All discussions provide meticulous citations and footnotes—with decisions broken out by circuit.
This supplement covers court rulings and upcoming regulations covering: domestic companions; wage claims by interns, students, and trainees; and the developing case law surrounding exempt employees paid commissions by retail and service establishments.
This resource covers all aspects of the Family and Medical Leave Act (FMLA). The treatise looks at the Act’s interrelationships with other laws, as well as the responsibilities of employees and employers under the Act. It covers statutes, regulations, and case law, including provisions, and key related Department of Labor (DOL) regulations and opinion letters.
The 2013 Cumulative Supplement highlights changes to the Act and focuses on updates surrounding proposed updates to military leave provisions, courts’ approaches to family care, and other major cases related to the FMLA.
This resource on the structure and case law of the Railway Labor Act (RLA) incorporates the perspectives of management, union, and neutrals. It includes vital background on the federal labor law of railways and airlines and references to more than 1,200 cases and is designed to maximize the effectiveness of negotiators or advocates.
The 2014 Cumulative Supplement contains citations and discussion of notable judicial, administrative, and legislative developments between July 1, 2012, and June 30, 2013, including appellate court decisions highlighting the deference courts give to arbitration awards, the NMB’s new 50 percent showing of interest requirement for merger transactions, NMB craft or class determinations, and more.
This treatise provides a comprehensive coverage of the full scope of USERRA and the complicated issues involved with its application and enforcement. Edited by experienced practitioners who have represented both employers and employees, it provides a balanced view of the issues.
The 2014 Cumulative Supplement includes decisions by various courts on the question of how to apply the “escalator principle” and “reasonable certainty” standards to non-automatic, “discretionary” positions; which positions would be considered of “like status” for purposes of reinstatement; the scope of employer defenses to reinstatement and the burden of proving these defenses; and the scope of the employer’s burden of proof on summary judgment when asserting the affirmative defense under the motivating factor test.
This treatise provides comprehensive coverage of tortious interference in the employment context on a state-by-state basis in an easy-to-use, question-and-answer format. It examines business-versus-business suits, as well as suits brought by former employees against employers.
This treatise covers each state's statutory and common law protection of trade secrets and other confidential business information, both within and outside the employment context. It is part of the State-by-State Survey Series.
The 2014 Cumulative Supplement contains expanded discussion of what constitutes a “trade secret,” defenses, and remedies.
This treatise covers wage and hour laws in all 50 states, plus the District of Columbia and Puerto Rico, allowing practitioners to quickly find the information they need and compare laws in different states. Jurisdiction by jurisdiction, the treatise addresses: minimum wage and overtime; timing, place and manner of payment to employees; prohibitions on hours worked and mandatory leave; and much more.
The 2014 Cumulative Supplement highlights legislative changes, including: a California appellate court’s decision in Gonzales v. Downtown LA Motors, LP relating to minimum wage obligations; New York’s new law on successor liability; a change in South Carolina that allows conscientious objection to working on Sunday.
This treatise provides practitioners representing either employers or employees complete coverage of laws and issues involving employment-related electronically stored information (ESI.) It also overviews privacy laws in 22 countries and regions including Europe, Asia, Oceana, plus Canada and Mexico.
The 2014 supplement updates legal developments related to workplace data, analyzes proportionality relative to ESI under Federal Rule of Civil Procedure 26(b)(2)(C)(iii), addresses discovery standards before the National Labor Relations Board, and provides a detailed discussion of social media discovery issues.
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