Employment Law
Pearson (Verlag)
978-0-13-377224-1 (ISBN)
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In a straightforward, practical manner, Employment Law: Practice and Procedures prepares legal studies, paralegal, and human resource professionals for their first day on the job, armed with need-to-know, ready-to-apply information about employment law. Throughout the book, concepts and ideas combine with practical exercises to present material in a way that ensures retention and eases application of the job’s duties and responsibilities. Each chapter focuses on daily assignments similar to work assignments in a law firm setting or human resources work environment, covers modern day trends in employment law, looks at expectations of supervising attorneys, and discusses interaction with prospective clients. Included are helpful learning aids to give the concepts real meaning to today’s students, including Work Place Projects, Critical Thinking Questions, and case law in each chapter.
Ara A. Hatamian is a Juris Doctorate degreed Advocate for the Los Angeles County Sheriff’s Department (LASD), specializing in the discipline of civilian and sworn personnel. Mr. Hatamian was also a former Civil Service Commissioner for the City of Glendale, CA. Prior to his appointment as an Advocate and City Commissioner, Mr. Hatamian worked for the Los Angeles County District Attorney’s Office assisting in the prosecution of criminal defendants in the County of Los Angeles. Mr. Hatamian prides himself as a civil servant and has volunteered teaching intercity fifth graders about crime prevention. Mr. Hatamian’s true passion is teaching. Since 2005, he has taught several different college level legal courses as a lead instructor, earning the teacher of the year award. Recently he was accepted into the prestigious International Network to Promote the Rule of Law (INPROL), located in Washington D.C. Mr. Hatamian is looking forward to contributing to the international community by enforcing discipline in law enforcement agencies across the globe. As a legal professional in executive management, Mr. Hatamian has experience both in the private sector and the government sector. The majority of Mr. Hatamian’s experience consists of Criminal Law, Torts Law, Civil Service and Administrative Law, and matters of Civil Rights. His contribution to Civil Rights has been recognized by the Museum of Tolerance, with the inclusion of his name on the Wall of Tolerance in Montgomery Alabama. On his free time, Mr. Hatamian enjoys spending time and traveling with his wife and two adorable daughters. Mr. Hatamian’s favorite quote is "Choose a career path you love and you will never have to work a day in your life.”
PART I–INTRODUCTION
CHAPTER 1 An Overview and History of Employment Law 1
Introduction to Employment Law 1
Jobs for Employment Law Professionals 1
General Information for Your First Day on the Job 2
Paralegals and Their Duties 3
The U.S. Constitution and the History of Employment Law 3
The U.S. Constitution 3
Legislative History of Employment Law 4
Summary 9
Key Terms 9
Review Questions 9
Critical Thinking Questions 9
Workplace Projects 10
APPENDIX I Transcript of Constitution of the United States (1787) 11
CHAPTER 2 Ethical Obligations of Paralegals 20
Introduction to Ethics–rules of Professional Conduct 20
Ethical Obligations 20
Duty of Confidentiality 21
Misrepresentation 21
Client Relationship 22
Unauthorized Practice of Law 22
Conflict of Interest: Duty of Loyalty 22
Corporations 23
Fee Agreements 23
Fee Agreements and Monetary Issues 23
Summary 26
Key Terms 27
Review Questions 27
Critical Thinking Questions 27
Workplace Projects 27
APPENDIX II california rules of professional conduct 29
PART II–EMPLOYER—EMPLOYEE RELATIONSHIP
CHAPTER 3 Establishment of The Employer—Employee Relationship 62
Introduction to Employment Relationships 62
Types of Employment Relationships 62
Temporary Employment 62
At-Will Employment 64
Part-Time versus Full-Time Employment 65
Government Employment: Civilian/Sworn 65
Additional Areas of Consideration 67
Vicarious Liability: Respondeat Superior 67
Independent Contractor 67
Establishment of Employment Relationships 69
The Employment Process 70
Introduction 70
Expectations 70
Beginning of the Employment Relationship 71
Maintenance of the Employment Relationship 72
Growth, Decline, and End of the Employment Relationship 72
Additional Areas of Consideration For Employees 72
Stability and Pay 72
Performance 73
Retirement Accounts and Pensions 73
Additional Areas of Consideration for Employers 73
Meeting Organizational Goals 73
Liability Risks 74
Summary 74
Key Terms 74
Review Questions 74
Critical Thinking Questions 75
Workplace Projects 75
APPENDIX III California Government Code Peace Officers Bill of Rights 3300—3313 76
CHAPTER 4 Unions and Collective Bargaining 83
Introduction to Unions and Collective Bargaining 83
Historical Events Contributing to Union Formation 83
Employee Rights Under the National Labor Relations Act 84
Protections Provided by the NLRA 84
Prohibitions on Employers for ULPs by the NLRA 85
The Purpose of Unions 86
The Primary Functions of Unions 86
Collective Bargaining 87
Memorandum of Understandings 90
Summary 90
Key Terms 90
Review Questions 90
Critical Thinking Questions 91
Workplace Projects 91
APPENDIX IV National Labor Relations Act 92
PART III–FEDERAL AND STATE LAWS
CHAPTER 5 Wage/Hour Laws and The Affordable Care Act 120
Introduction–Wage/Hour Laws and The Affordable Care Act 120
Wage and Hour Requirements: FLSA and EPA 120
Exempt and Nonexempt Employment 120
Work Hours 121
Minimum Wage Laws 122
Overtime Pay 123
Pay Equality 126
Benefits 126
Holiday Pay 127
Severance Pay 127
Remedies and Penalties/Sanctions 127
Affordable Care Act 128
Summary 129
Key Terms 129
Review Questions 129
Critical Thinking Questions 129
Workplace Projects 129
CHAPTER 6 What Is The Family Medical Leave Act? 131
Brief History of FMLA 131
Introduction–Overview and Purpose of FMLA 131
Rights and Duties of Employers and Employees Under FMLA 132
Covered Employers and Eligible Employees–How to Qualify for FMLA? 132
What Is the Certification Process? 132
How Long Is the Employee Protected Under FMLA? 137
Duties Pertaining to Notices 137
Summary 138
Key Terms 138
Review Questions 138
Critical Thinking Questions 138
Workplace Projects 138
APPENDIX V Certification of Health Care Provider for Family Member’s Serious Health Condition 141
CHAPTER 7 What is The Americans with Disabilities Act? 145
Brief History of ADA 145
Introduction–Overview and Purpose of ADA 149
Preemployment Protections 150
Emerging ADA Issues 151
Rights and Duties of Employers and Employees Under ADA 152
Covered Employers and Eligible Employees–How to Qualify for ADA? 152
What Are Reasonable Accommodations? 152
Enforcement and Remedies of the ADA 153
Summary 153
Key Terms 153
Review Questions 153
Critical Thinking Questions 154
Workplace Projects 154
CHAPTER 8 Title VII–Equal Employment Opportunity (Civil Rights Act of 1964) 155
Brief History of Title VII 155
Introduction–Overview and Purpose of Title VII 156
Rights and Duties of Employers and Employees Under Title VII 156
Covered Employers and Eligible Employees–How to Qualify for Title VII? 156
Protected Classes Under Title VII: Civil Rights Act of 1964 157
Additional Limited Protected Classifications 166
Enforcement and Remedies of Title VII 166
Summary 166
Key Terms 167
Review Questions 167
Critical Thinking Questions 167
Workplace Projects 167
APPENDIX VI Civil Rights Act of 1964 172
APPENDIX VII Title VII–Equal Employment Opportunity 197
CHAPTER 9 What is the Occupational Safety and Health Administration? 209
Brief History of the Occupational Safety and Health Act of 1970 209
Introduction–Overview and Purpose of the Occupational Safety and Health Administration 210
Rights and Duties of Employers and Employees Under OSHA 210
Covered Employers and Eligible Employees Under OSHA 210
Rights and Duties of Eligible Employees 211
Rights and Duties of Covered Employers 211
Enforcement and Remedies Under OSHA 212
Summary 215
Key Terms 215
Review Questions 216
Critical Thinking Questions 216
Workplace Projects 216
CHAPTER 10 Workers’ Compensation 219
Brief History of Workers’ Compensation Law 219
Introduction–Overview and Purpose of Workers’ Compensation Law 222
Filing a Claim 222
Federal Workers’ Compensation Law–Office of Workers’ Compensation 223
Division of Energy Employees’ Occupational Illness Compensation 227
Division of Federal Employees’ Compensation 227
Division of Longshore and Harbor Workers’ Compensation 227
Division of Coal Mine Workers’ Compensation 227
State Workers’ Compensation Law 228
State-Funded Insurance 228
Private Insurance 229
Summary 230
Key Terms 230
Review Questions 230
Critical Thinking Questions 230
Workplace Projects 231
APPENDIX VIII Worker’s compensation forms 232
APPENDIX IX Claim Form for DEEOIC 238
CHAPTER 11 Unemployment Compensation 250
Brief History of Unemployment Compensation 250
Introduction–Overview and Purpose of Unemployment Compensation 254
Federal Workers Unemployment Compensation 255
State Workers’ Unemployment Compensation 255
Filing a Claim 255
Appeal Process 256
Additional Areas of Consideration 256
Summary 256
Key Terms 257
Review Questions 257
Critical Thinking Questions 257
Workplace Projects 257
APPENDIX X Unemployment Insurance Application 258
Glossary 265
Index 269
Erscheint lt. Verlag | 26.5.2016 |
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Sprache | englisch |
Maße | 216 x 276 mm |
Gewicht | 617 g |
Themenwelt | Recht / Steuern ► Arbeits- / Sozialrecht ► Arbeitsrecht |
Recht / Steuern ► EU / Internationales Recht | |
Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht | |
ISBN-10 | 0-13-377224-1 / 0133772241 |
ISBN-13 | 978-0-13-377224-1 / 9780133772241 |
Zustand | Neuware |
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