Оглавление
Jonathan Ingber. Employment Law Update
Table of Contents
Guide
Pages
EMPLOYMENT LAW UPDATE
Notice to readers
Chapter 1 Employment Law Overview. Learning objectives
Preliminary note
Background on employment law
Free of discrimination
Free of harassment
Free of retaliation
Time off
Exercise free speech rights
Benefit from applicable privacy rights
Benefit from consistent application of employer policies
Protected classes
Knowledge check
Current trends in employment law claims
Exhibit 1-1
Exhibit 1-2
Exhibit 1-3
Discussion questions
Why employers care: Record-setting settlements and verdicts
Exhibit 1-4 Largest 2016 employment liability settlements and verdicts
Knowledge check
Case study 1-1: You are the judge
How discrimination, civil rights violations (including harassment), and retaliation cases get to court
Exhibit 1-5 The EEOC charging, investigative, and suit process
Knowledge check
Arbitration clause and class action by employees
Invalidation of a major source of financial security for labor unions in the public sector
Federalism: Choice of law (federal or state)
Knowledge check
Notes
Chapter 2 E-Employment and Cyber Employment Issues. Learning objectives
The internet and social media
Devices
Use of company computers and smartphones
The key to monitoring and best practices
Case study 2-1: You are the judge
Driving and cell phone use
Knowledge check
Exhibit 2-1 Is hands-free cellphone use the answer?
Discussion questions
2017 Update: California prohibits driving while holding a cell phone
GPS and location tracking
What about after-hours GPS tracking?
Bring your own device issues
Knowledge check
On or off the clock?
Exhibit 2-2 Dollar Tree's employees shake the tree
Countering the off-the-clock problem: Best practices
Knowledge check
Case study 2-2: You are a justice
Social media: Applicant and employee rights
Social media: Employer rights
Exhibit 2-3 A social media policy that passes muster
Case study 2-3: You are the judge
Case study 2-4
Discussion questions
Notes
Chapter 3 Wrongful Termination, Harassment, and Retaliation. Learning objectives
What is wrongful termination?
Harassment
Exhibit 3-1
Knowledge check
Forms of sexual harassment
Case study 3-1: The case of the living doll
Sexual harassment ignites a social media firestorm — and much more
Exhibit 3-2 Sexual harassment is not just a “big company” issue
Exercise 3-1
Discussion questions
Bullying in the workplace
The workplace bully
Handling consensual workplace romances
Knowledge check
Retaliation
Exhibit 3-3
Whistleblower retaliation
Case study 3-2: The case of the perceived whistleblower
The false claims act and qui tam suits
The IRS whistleblower program
Exhibit 3-4
Knowledge check
The SEC and CFTC whistleblower programs
Retaliation revisited
Notes
Chapter 4 Discrimination. Learning objectives
Introduction
Race, national origin, and color discrimination
Sex, gender, and sexual orientation discrimination
Age, religious, genetic, and other types of discrimination
Knowledge check
What leads to employers being named in EEOC discrimination complaints?
Exhibit 4-1
The EEOC lands a big one: Bass Pro Shops2
Knowledge check
Case study 4-1: EEOC v. Dart Energy Corp: Is verbal harassment enough to prove race discrimination?
Pregnancy discrimination leads to record 2014 jury verdict
What leads juries to make huge damage awards in discrimination cases?
Knowledge check
Sex, gender, gender identity, and sexual orientation discrimination claims
Speaking of equal pay … can the employer ask for a salary history?
Knowledge check
What is an employer to do? Abide by document retention requirements!
Gender stereotyping claims
Knowledge check
Gender discrimination in Silicon Valley and technology companies
Discussion questions
Case study 4-2: Is it discrimination to terminate an employee who the employer finds irresistible?
Age discrimination claims
Case study 4-3
Discussion questions
Case study 4-4: A textbook case of age discrimination
Religious discrimination
Genetic discrimination — An unfolding arena
Employers beware: Do not ask for family medical histories
Case study 4-5: The case of the mystery pooper
Knowledge check
Criminal records
“Ban the box”
Case study 4-6: A permissible termination or not?
Discussion questions
Notes
Chapter 5 Disability Discrimination and the ADA. Learning objectives
Introduction
The most common ADA claims
Knowledge check
A lawyer's paradise: Nonemployee ADA claims
Exhibit 5-1. 2012–2017 Federal Suits ADA Title I: Disability Discrimination in Employment1 Compared to ADA Title III: Places of Public Accommodation and Commercial Facilities2
2016 brings a new trend: Website accessibility Title III suits
Another legal morass: ADA claims by “testers”
Knowledge check
Small business resource for ADA issues
What is reasonable accommodation?
Case study 5-1: Speaking of fragrances and reasonable accommodation …
Case study 5-2: The accommodation of last resort and a paradox
Discussion questions
Case study 5-3: Is an employer obligated to offer telecommuting as a reasonable accommodation?
Discussion questions
Knowledge check
When does the ADA allow an employer to ask an employee about a disability?
The EEOC acts to counter illegal medical inquiries
Knowledge check
Speaking of consent orders …
The Justice Department comes aboard
Public accommodations include websites
Mental disabilities — When is an employee too disabled to work? Case study 5-4: The cash store case
Notes
Chapter 6 Wage and Hour Laws, FMLA, HIPAA, and COBRA1. Learning objectives
Introduction
Knowledge check
FLSA claims: Where are the risks?
Knowledge check
What makes an employee overtime exempt?5
Overtime exemptions: The duties tests
Employee or independent contractor? A tale of two companies
Case study 6-1: Employee or independent contractor?
You are the judge
Anticipating overtime claims: What should the employer do?
Knowledge check
Case study 6-2: Does being “on call” deny employees their rest breaks?
Discussion questions
Case study 6-3: The Supreme Court wrestles with class action claims in a donning and doffing case
The tip and tip pooling rules
Knowledge check
The FMLA “theme” cases
Knowledge check
Case study 6-4: Lucy's recovery cruise
Discussion questions
The HIPAA Privacy Rule
Case study 6-5: A small pharmacy makes the news
Knowledge check
HIPAA penalties
Speaking of technology…
A major oops reminds us: Confidentiality is 24/7
COBRA provisions and litigation
Case study 6-6: If an employer chooses poorly, who is liable?
Notes
Chapter 7 Noncompete1, Nondisclosure, and Nonsolicitation Agreements. Learning objectives
Introduction
The 800-pound gorilla in the room: Consideration
Knowledge check
Using nondisclosure or confidentiality and nonsolicitation agreements
Case study 7-1: What information is protected by an NDA?
Knowledge check
What are the lessons of Orthofix and nClosures?
Case study 7-2: Is a memorized client list entitled to trade secret protection?
Discussion questions
Knowledge check
The knowledge dilemma for new prospective employers
Case study 7-3: No interference with contractual relations
Case study 7-4: A very expensive lesson: How not to handle a “mass exodus” case
Knowledge check
What a new employer should do when presented with a “mass exodus business building” opportunity
Case study 7-5: Can the new employer escape liability by relying on an attorney?
A regulatory issue for confidentiality agreements
Knowledge check
Trend alert: Using noncompetes with low-wage employees
Notes
Appendix A. EMPLOYMENT CLAIM RISK ASSESSMENT TOOL
Glossary of Business Management and Personal Development Terms
Index
EMPLOYMENTLAW UPDATE. BY JONATHAN INGBER, MST, JD, CPA. Solutions
Solutions. Chapter 1. Case study solution. Case study 1-1
Knowledge check solutions
Chapter 2. Case study solutions. Case study 2-1
Exhibit 2-1
Case study 2-2
Case study 2-3
Case study 2-4
Knowledge check solutions
Chapter 3. Case study solutions. Case study 3-1
Exercise 3-1
Case study 3-2
Knowledge check solutions
Chapter 4. Case study solutions. Case study 4-1
Case study 4-2
Case study 4-3
Case study 4-4
Case study 4-5
Case study 4-6
Knowledge check solutions
Chapter 5. Case study solutions. Case study 5-1
Case study 5-2
Case study 5-3
Case study 5-4
Knowledge check solutions
Chapter 6. Case study solutions. Case study 6-1
Case study 6-2
Case study 6-3
Case study 6-4
Case study 6-5
Case study 6-6
Knowledge check solutions
Chapter 7. Case study solutions. Case study 7-1
Case study 7-2
Case study 7-3
Case study 7-4
Case study 7-5
Knowledge check solutions
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