Contemporary Employment Law

The presentation has been streamlined, to make the Second Edition even more readable and accessible, thoroughly explaining basic concepts before moving to more complex material. More short cases and practice forms help students learn. New U.S. Supreme Court cases are briefed, including: ATandT Mobility LLC v. Concepcion (effect of the Federal Arbitration Act preemption of state laws restricting arbitration of employment claims), Wal-Mart Stores, Inc. v. Dukes (class action certification denied), Thompson v. North American Stainless, LP (third party retaliation claims against employers), Staub v. Proctor Hosp. (employer liable if non-decision maker with discriminatory bias influenced actions of unbiased decision maker), Duryea v. Guarnieri (employees right to exercise First Amendment rights), Kasten v. Saint-Gobain Performance Plastics Corp. (employee's oral complaint about FLSA violation has filed a claim), Christopher v. SmithKline Beecham (whether pharmaceutical salespeople are exempt under the FLSA), and Perich v Hosanna (rights of ministers against their churches). More than twenty new state and federal cases are covered, including Rainey v. Domino's Pizza (franchisor's liability for accident caused by franchisee's delivery person), Does I-XI, Workers in China, Bangladesh, etc. v. Wal-mart Stores, Inc. (foreign workers not intended beneficiaries of contracts with foreign suppliers over wages, hours, working conditions, and discrimination), Neessen v. Arona Corp. (Pregnancy Discrimination Act protects against refusal to hire women who are recently pregnant), Kuebel v. Black andamp; Decker, Inc. ( ? ), Hispanics United of Buffalo, Inc. v Carlos Ortiz (Facebook postings related to workplace conditions as a protected activity), Tides v. Boeing (Sarbanes-Oxley whistleblower protection does not extend to communications to the media), Nixon-Tinkelman v. New York City Dep't of Health and Mental Hygiene (expansion of duty of reasonable accommodation regarding transfer from a distant to a near work site), and Nichols v. Dancer (interests in workplace efficiency may outweigh employee's First Amendment rights). New statutes and regulations enacted since the first edition was published are explored, including Dodd-Frank Wall Street Reform and Act of 2010, Health Care Reform Act of 2010 and its regulations, employers duty to notify employees of their rights under the National Labor Relations Act (NLRA) through a notice mandated by the National Labor Relations Board, and the implementation of Genetic Information Nondiscrimination Act of 2008.